| 1 | A bill to be entitled |
| 2 | An act relating to agriculture; amending s. 163.3162, |
| 3 | F.S.; prohibiting county government imposition of a tax, |
| 4 | assessment, or fee for stormwater management on |
| 5 | agricultural land meeting certain requirements; amending |
| 6 | s. 205.064, F.S.; expanding eligibility for exemption from |
| 7 | a local business tax receipt for the privilege of selling |
| 8 | specified products; amending s. 373.1395, F.S.; providing |
| 9 | indemnity for an agricultural landowner for easement or |
| 10 | any other right secured by a water management district for |
| 11 | access to lands the district provides or makes available |
| 12 | to the public; delineating what is covered by |
| 13 | indemnification for landowners and water management |
| 14 | districts; providing that agricultural landowners and |
| 15 | water management districts are liable for gross negligence |
| 16 | and certain other acts as specified; creating s. 500.70, |
| 17 | F.S.; delineating requirements for a tomato farmer, |
| 18 | packer, repacker, or handler to be considered in |
| 19 | compliance with state food safety microbial standards and |
| 20 | guidelines; amending s. 570.07, F.S.; providing that the |
| 21 | Department of Agriculture and Consumer Services may adopt |
| 22 | by rule comprehensive best management practices for |
| 23 | agricultural production and food safety; amending s. |
| 24 | 604.15, F.S.; revising a definition to make tropical |
| 25 | foliage exempt from regulation under provisions relating |
| 26 | to dealers in agricultural products; amending s. 604.50, |
| 27 | F.S.; expanding county and municipal exemptions for |
| 28 | nonresidential farm buildings to include permits and |
| 29 | impact fees; amending s. 823.145, F.S.; expanding the |
| 30 | materials used in agricultural operations that can be |
| 31 | openly burned; providing certain limitations on such |
| 32 | burning; providing an effective date. |
| 33 |
|
| 34 | Be It Enacted by the Legislature of the State of Florida: |
| 35 |
|
| 36 | Section 1. Subsection (4) of section 163.3162, Florida |
| 37 | Statutes, is amended to read: |
| 38 | 163.3162 Agricultural Lands and Practices Act.-- |
| 39 | (4) DUPLICATION OF REGULATION.--Except as otherwise |
| 40 | provided in this section and s. 487.051(2), and notwithstanding |
| 41 | any other law, including any provision of chapter 125 or this |
| 42 | chapter, a county may not exercise any of its powers to adopt or |
| 43 | enforce any ordinance, resolution, regulation, rule, or policy |
| 44 | to prohibit, restrict, regulate, or otherwise limit an activity |
| 45 | of a bona fide farm operation on land classified as agricultural |
| 46 | land pursuant to s. 193.461, if such activity is regulated |
| 47 | through implemented best management practices, interim measures, |
| 48 | or regulations developed by the Department of Environmental |
| 49 | Protection, the Department of Agriculture and Consumer Services, |
| 50 | or a water management district and adopted under chapter 120 as |
| 51 | part of a statewide or regional program; or if such activity is |
| 52 | expressly regulated by the United States Department of |
| 53 | Agriculture, the United States Army Corps of Engineers, or the |
| 54 | United States Environmental Protection Agency. A county may not |
| 55 | impose a tax, assessment, or fee for stormwater management on |
| 56 | land classified as agricultural land pursuant to s. 193.461, if |
| 57 | the agricultural operation has an agricultural discharge permit |
| 58 | or implements best management practices developed by the |
| 59 | Department of Environmental Protection, the Department of |
| 60 | Agriculture and Consumer Services, or a water management |
| 61 | district and adopted under chapter 120 as part of a statewide or |
| 62 | regional program. |
| 63 | (a) When an activity of a farm operation takes place |
| 64 | within a wellfield protection area as defined in any wellfield |
| 65 | protection ordinance adopted by a county, and the implemented |
| 66 | best management practice, regulation, or interim measure does |
| 67 | not specifically address wellfield protection, a county may |
| 68 | regulate that activity pursuant to such ordinance. This |
| 69 | subsection does not limit the powers and duties provided for in |
| 70 | s. 373.4592 or limit the powers and duties of any county to |
| 71 | address an emergency as provided for in chapter 252. |
| 72 | (b) This subsection may not be construed to permit an |
| 73 | existing farm operation to change to a more excessive farm |
| 74 | operation with regard to traffic, noise, odor, dust, or fumes |
| 75 | where the existing farm operation is adjacent to an established |
| 76 | homestead or business on March 15, 1982. |
| 77 | (c) This subsection does not limit the powers of a |
| 78 | predominantly urbanized county with a population greater than |
| 79 | 1,500,000 and more than 25 municipalities, not operating under a |
| 80 | home rule charter adopted pursuant to ss. 10, 11, and 24, Art. |
| 81 | VIII of the Constitution of 1885, as preserved by s. 6(e), Art. |
| 82 | VIII of the Constitution of 1968, which has a delegated |
| 83 | pollution control program under s. 403.182 and includes drainage |
| 84 | basins that are part of the Everglades Stormwater Program, to |
| 85 | enact ordinances, regulations, or other measures to comply with |
| 86 | the provisions of s. 373.4592, or which are necessary to |
| 87 | carrying out a county's duties pursuant to the terms and |
| 88 | conditions of any environmental program delegated to the county |
| 89 | by agreement with a state agency. |
| 90 | (d) For purposes of this subsection, a county ordinance |
| 91 | that regulates the transportation or land application of |
| 92 | domestic wastewater residuals or other forms of sewage sludge |
| 93 | shall not be deemed to be duplication of regulation. |
| 94 | Section 2. Subsection (1) of section 205.064, Florida |
| 95 | Statutes, is amended to read: |
| 96 | 205.064 Farm, aquacultural, grove, horticultural, |
| 97 | floricultural, tropical piscicultural, and tropical fish farm |
| 98 | products; certain exemptions.-- |
| 99 | (1) A local business tax receipt is not required of any |
| 100 | natural person for the privilege of engaging in the selling of |
| 101 | farm, aquacultural, grove, horticultural, floricultural, |
| 102 | tropical piscicultural, or tropical fish farm products, or |
| 103 | products manufactured therefrom, except intoxicating liquors, |
| 104 | wine, or beer, when such products were grown or produced by such |
| 105 | natural person in the state. |
| 106 | Section 3. Subsection (2) and paragraph (a) of subsection |
| 107 | (3) of section 373.1395, Florida Statutes, are amended, present |
| 108 | subsection (4) is renumbered as subsection (5) and amended, |
| 109 | present subsection (5) is renumbered as subsection (6), and a |
| 110 | new subsection (4) is added to that section, to read: |
| 111 | 373.1395 Limitation on liability of water management |
| 112 | district with respect to areas made available to the public for |
| 113 | recreational purposes without charge.-- |
| 114 | (2) Except as provided in subsection (5)(4), a water |
| 115 | management district that provides the public with a park area or |
| 116 | other land for outdoor recreational purposes, or allows access |
| 117 | over district lands for recreational purposes, owes no duty of |
| 118 | care to keep that park area or land safe for entry or use by |
| 119 | others or to give warning to persons entering or going on that |
| 120 | park area or land of any hazardous conditions, structures, or |
| 121 | activities thereon. A water management district that provides |
| 122 | the public with a park area or other land for outdoor |
| 123 | recreational purposes does not, by providing that park area or |
| 124 | land, extend any assurance that such park area or land is safe |
| 125 | for any purpose, does not incur any duty of care toward a person |
| 126 | who goes on that park area or land, and is not responsible for |
| 127 | any injury to persons or property caused by an act or omission |
| 128 | of a person who goes on that park area or land. This subsection |
| 129 | does not apply if there is any charge made or usually made for |
| 130 | entering or using the park area or land, or if any commercial or |
| 131 | other activity from which profit is derived from the patronage |
| 132 | of the public is conducted on such park area or land or any part |
| 133 | thereof. |
| 134 | (3)(a) Except as provided in subsection (5)(4), a water |
| 135 | management district that leases any land or water area to the |
| 136 | state for outdoor recreational purposes, or for access to |
| 137 | outdoor recreational purposes, owes no duty of care to keep that |
| 138 | land or water area safe for entry or use by others or to give |
| 139 | warning to persons entering or going on that land or water of |
| 140 | any hazardous conditions, structures, or activities thereon. A |
| 141 | water management district that leases a land or water area to |
| 142 | the state for outdoor recreational purposes does not, by giving |
| 143 | such lease, extend any assurance that such land or water area is |
| 144 | safe for any purpose, incur any duty of care toward a person who |
| 145 | goes on the leased land or water area, and is not responsible |
| 146 | for any injury to persons or property caused by an act or |
| 147 | omission of a person who goes on the leased land or water area. |
| 148 | (4) Where a water management district has secured an |
| 149 | easement, or other right, that is being used for the purpose of |
| 150 | providing access through private land classified as agricultural |
| 151 | land pursuant to s. 193.461 to lands that the water management |
| 152 | district provides or makes available to the public for outdoor |
| 153 | recreational purposes, the water management district shall |
| 154 | indemnify and save harmless the owner of the agricultural land |
| 155 | from any liability arising from use of such easement by the |
| 156 | general public or by the employees and agents of the water |
| 157 | management district or other regulatory agencies. Except as |
| 158 | provided in subsection (5), a water management district that |
| 159 | enters into such easement owes no duty of care to keep that |
| 160 | access area safe for entry or use by others or to give warning |
| 161 | to persons entering or going on that access area of any |
| 162 | hazardous conditions, structures, or activities thereon. A water |
| 163 | management district that secures such an easement does not, by |
| 164 | securing the easement, extend any assurance that such access |
| 165 | area is safe for any purpose or incur any duty of care toward a |
| 166 | person who goes on the access area and is not responsible for |
| 167 | any injury to persons or property caused by an act of omission |
| 168 | of a person who uses the access area. |
| 169 | (5)(4) This section does not relieve any water management |
| 170 | district or agricultural landowner of any liability that would |
| 171 | otherwise exist for gross negligence or a deliberate, willful, |
| 172 | or malicious injury to a person or property. This section does |
| 173 | not create or increase the liability of any water management |
| 174 | district or person beyond that which is authorized by s. 768.28. |
| 175 | (6)(5) The term "outdoor recreational purposes," as used |
| 176 | in this section, includes activities such as, but not limited |
| 177 | to, horseback riding, hunting, fishing, bicycling, swimming, |
| 178 | boating, camping, picnicking, hiking, pleasure driving, nature |
| 179 | study, water skiing, motorcycling, and visiting historical, |
| 180 | archaeological, scenic, or scientific sites. |
| 181 | Section 4. Section 500.70, Florida Statutes, is created to |
| 182 | read: |
| 183 | 500.70 Food safety compliance relating to tomatoes.--A |
| 184 | tomato farmer, packer, repacker, or handler that implements |
| 185 | applicable good agricultural practices (GAPs)and best management |
| 186 | practices (BMPs) according to rules adopted by the department is |
| 187 | considered to have acted in good faith, with reasonable care, |
| 188 | and in compliance with state food safety microbial standards or |
| 189 | guidelines unless a violation of or noncompliance with such |
| 190 | measures can be shown through inspections. |
| 191 | Section 5. Subsection (10) of section 570.07, Florida |
| 192 | Statutes, is amended to read: |
| 193 | 570.07 Department of Agriculture and Consumer Services; |
| 194 | functions, powers, and duties.--The department shall have and |
| 195 | exercise the following functions, powers, and duties: |
| 196 | (10) To act as adviser to producers and distributors, when |
| 197 | requested, and to assist them in the economical and efficient |
| 198 | distribution of their agricultural products and to encourage |
| 199 | cooperative effort among producers to gain economical and |
| 200 | efficient production of agricultural products. The department |
| 201 | may adopt by rule, pursuant to ss. 120.536(1) and 120.54, |
| 202 | comprehensive best management practices for agricultural |
| 203 | production and food safety. |
| 204 | Section 6. Subsection (1) of section 604.15, Florida |
| 205 | Statutes, is amended to read: |
| 206 | 604.15 Dealers in agricultural products; definitions.--For |
| 207 | the purpose of ss. 604.15-604.34, the following words and terms, |
| 208 | when used, shall be construed to mean: |
| 209 | (1) "Agricultural products" means the natural products of |
| 210 | the farm, nursery, grove, orchard, vineyard, garden, and apiary |
| 211 | (raw or manufactured); sod; tropical foliage; horticulture; hay; |
| 212 | livestock; milk and milk products; poultry and poultry products; |
| 213 | the fruit of the saw palmetto (meaning the fruit of the Serenoa |
| 214 | repens); limes (meaning the fruit Citrus aurantifolia, variety |
| 215 | Persian, Tahiti, Bearss, or Florida Key limes); and any other |
| 216 | nonexempt agricultural products produced in the state, except |
| 217 | tobacco, sugarcane, tropical foliage, timber and timber |
| 218 | byproducts, forest products as defined in s. 591.17, and citrus |
| 219 | other than limes. |
| 220 | Section 7. Section 604.50, Florida Statutes, is amended to |
| 221 | read: |
| 222 | 604.50 Nonresidential farm buildings.--Notwithstanding any |
| 223 | other law to the contrary, any nonresidential farm building is |
| 224 | exempt from the Florida Building Code and any county or |
| 225 | municipal permit, building code, or impact fee. For purposes of |
| 226 | this section, the term "nonresidential farm building" means any |
| 227 | building or support structure that is used for agricultural |
| 228 | purposes, is located on a farm that is not used as a residential |
| 229 | dwelling, and is located on land that is an integral part of a |
| 230 | farm operation or is classified as agricultural land under s. |
| 231 | 193.461. The term "farm" is as defined in s. 823.14. |
| 232 | Section 8. Section 823.145, Florida Statutes, is amended |
| 233 | to read: |
| 234 | 823.145 Disposal by open burning of certain materials |
| 235 | mulch plastic used in agricultural operations.--Polyethylene |
| 236 | agricultural mulch plastic; damaged, nonsalvageable, untreated |
| 237 | wood pallets; and packing material that cannot be feasibly |
| 238 | recycled, which are used in connection with agricultural |
| 239 | operations related to the growing, harvesting, or maintenance of |
| 240 | crops, may be disposed of by open burning provided that no |
| 241 | public nuisance or any condition adversely affecting the |
| 242 | environment or the public health is created thereby and that |
| 243 | state or federal national ambient air quality standards are not |
| 244 | violated. |
| 245 | Section 9. This act shall take effect July 1, 2008. |