| 1 | A bill to be entitled |
| 2 | An act relating to agriculture; repealing s. 106.082, |
| 3 | F.S., relating to campaign contributions to Commissioner |
| 4 | of Agriculture candidates; amending s. 163.3162, F.S.; |
| 5 | prohibiting county government enforcement of certain |
| 6 | ordinances, resolutions, regulations, rules, or policies |
| 7 | relating to certain activities of bona fide farm operation |
| 8 | on land classified as agricultural; prohibiting the |
| 9 | imposition or assessment of certain fees on agricultural |
| 10 | land under certain circumstances; providing exceptions; |
| 11 | amending s. 205.064, F.S.; expanding eligibility for |
| 12 | exemption from a local business tax receipt for the |
| 13 | privilege of selling specified products; creating s. |
| 14 | 500.70, F.S.; delineating requirements for a tomato |
| 15 | farmer, packer, repacker, or handler to be considered in |
| 16 | compliance with state food safety microbial standards and |
| 17 | guidelines; amending s. 570.07, F.S.; providing that the |
| 18 | Department of Agriculture and Consumer Services may adopt |
| 19 | by rule comprehensive best management practices for |
| 20 | agricultural production and food safety; amending s. |
| 21 | 581.091, F.S.; providing conditions for use of Casuarina |
| 22 | cunninghamiana as a windbreak for commercial citrus |
| 23 | groves; defining the term "commercial citrus grove"; |
| 24 | providing for permitting and permit fees; providing for |
| 25 | destruction of Casuarina cunninghamiana; specifying |
| 26 | responsibility and liability for removal and destruction |
| 27 | of such trees; providing that use as a windbreak does not |
| 28 | preclude research or release of agents to control |
| 29 | Casuarina spp.; providing that the use of Casuarina |
| 30 | cunninghamiana for windbreaks does not interfere with or |
| 31 | restrict efforts to manage or control noxious weeds or |
| 32 | invasive plants; prohibiting any other agency or local |
| 33 | government from removing Casuarina cunninghamiana planted |
| 34 | as a windbreak under special permit; amending s. 604.15, |
| 35 | F.S.; revising a definition to make tropical foliage |
| 36 | exempt from regulation under provisions relating to |
| 37 | dealers in agricultural products; amending s. 823.145, |
| 38 | F.S.; expanding the materials used in agricultural |
| 39 | operations that can be openly burned; providing certain |
| 40 | limitations on such burning; providing an effective date. |
| 41 |
|
| 42 | Be It Enacted by the Legislature of the State of Florida: |
| 43 |
|
| 44 | Section 1. Section 106.082, Florida Statutes, is repealed. |
| 45 | Section 2. Subsection (4) of section 163.3162, Florida |
| 46 | Statutes, is amended to read: |
| 47 | 163.3162 Agricultural Lands and Practices Act.-- |
| 48 | (4) DUPLICATION OF REGULATION.--Except as otherwise |
| 49 | provided in this section and s. 487.051(2), and notwithstanding |
| 50 | any other law, including any provision of chapter 125 or this |
| 51 | chapter, a county may not exercise any of its powers to adopt or |
| 52 | enforce any ordinance, resolution, regulation, rule, or policy |
| 53 | to prohibit, restrict, regulate, or otherwise limit an activity |
| 54 | of a bona fide farm operation on land classified as agricultural |
| 55 | land pursuant to s. 193.461, if such activity is regulated |
| 56 | through implemented best management practices, interim measures, |
| 57 | or regulations developed by the Department of Environmental |
| 58 | Protection, the Department of Agriculture and Consumer Services, |
| 59 | or a water management district and adopted under chapter 120 as |
| 60 | part of a statewide or regional program; or if such activity is |
| 61 | expressly regulated by the United States Department of |
| 62 | Agriculture, the United States Army Corps of Engineers, or the |
| 63 | United States Environmental Protection Agency. A county may not |
| 64 | impose an assessment or fee for stormwater management on land |
| 65 | classified as agricultural land pursuant to s. 193.461 if the |
| 66 | agricultural operation has an agricultural discharge permit or |
| 67 | an environmental resource permit or implements best management |
| 68 | practices developed by the Department of Environmental |
| 69 | Protection, the Department of Agriculture and Consumer Services, |
| 70 | or a water management district pursuant to s. 403.067 and |
| 71 | adopted under chapter 120 as part of a statewide or regional |
| 72 | program, except under the following conditions: the ordinance |
| 73 | imposing the assessment or fee is adopted by a county required |
| 74 | to obtain a municipal separate storm sewer system permit; |
| 75 | discharges from the agricultural lands contribute to the |
| 76 | municipal separate stormwater system permitted facilities; and |
| 77 | the ordinance provides credits for the water quality and flood |
| 78 | control provided by implementation of stormwater control |
| 79 | measures against the fee or assessment charged for stormwater |
| 80 | management. A county shall not impose a stormwater management |
| 81 | fee or assessment on lands used for silviculture or unimproved |
| 82 | pasture. |
| 83 | (a) When an activity of a farm operation takes place |
| 84 | within a wellfield protection area as defined in any wellfield |
| 85 | protection ordinance adopted by a county, and the implemented |
| 86 | best management practice, regulation, or interim measure does |
| 87 | not specifically address wellfield protection, a county may |
| 88 | regulate that activity pursuant to such ordinance. This |
| 89 | subsection does not limit the powers and duties provided for in |
| 90 | s. 373.4592 or limit the powers and duties of any county to |
| 91 | address an emergency as provided for in chapter 252. |
| 92 | (b) This subsection may not be construed to permit an |
| 93 | existing farm operation to change to a more excessive farm |
| 94 | operation with regard to traffic, noise, odor, dust, or fumes |
| 95 | where the existing farm operation is adjacent to an established |
| 96 | homestead or business on March 15, 1982. |
| 97 | (c) This subsection does not limit the powers of a |
| 98 | predominantly urbanized county with a population greater than |
| 99 | 1,500,000 and more than 25 municipalities, not operating under a |
| 100 | home rule charter adopted pursuant to ss. 10, 11, and 24, Art. |
| 101 | VIII of the Constitution of 1885, as preserved by s. 6(e), Art. |
| 102 | VIII of the Constitution of 1968, which has a delegated |
| 103 | pollution control program under s. 403.182 and includes drainage |
| 104 | basins that are part of the Everglades Stormwater Program, to |
| 105 | enact ordinances, regulations, or other measures to comply with |
| 106 | the provisions of s. 373.4592, or which are necessary to |
| 107 | carrying out a county's duties pursuant to the terms and |
| 108 | conditions of any environmental program delegated to the county |
| 109 | by agreement with a state agency. |
| 110 | (d) For purposes of this subsection, a county ordinance |
| 111 | that regulates the transportation or land application of |
| 112 | domestic wastewater residuals or other forms of sewage sludge |
| 113 | shall not be deemed to be duplication of regulation. |
| 114 | (e) This subsection does not limit the powers of a county |
| 115 | to enforce applicable wetland protection ordinances, |
| 116 | regulations, or rules duly adopted prior to April 1, 2008. |
| 117 | Section 3. Subsection (1) of section 205.064, Florida |
| 118 | Statutes, is amended to read: |
| 119 | 205.064 Farm, aquacultural, grove, horticultural, |
| 120 | floricultural, tropical piscicultural, and tropical fish farm |
| 121 | products; certain exemptions.-- |
| 122 | (1) A local business tax receipt is not required of any |
| 123 | natural person for the privilege of engaging in the selling of |
| 124 | farm, aquacultural, grove, horticultural, floricultural, |
| 125 | tropical piscicultural, or tropical fish farm products, or |
| 126 | products manufactured therefrom, except intoxicating liquors, |
| 127 | wine, or beer, when such products were grown or produced by such |
| 128 | natural person in the state. |
| 129 | Section 4. Section 500.70, Florida Statutes, is created to |
| 130 | read: |
| 131 | 500.70 Food safety compliance relating to tomatoes.-- A |
| 132 | tomato farmer, packer, repacker, or handler that implements |
| 133 | applicable good agricultural practices and best management |
| 134 | practices according to rules adopted by the department is |
| 135 | considered to have acted in good faith, with reasonable care, |
| 136 | and in compliance with state food safety microbial standards or |
| 137 | guidelines unless a violation of or noncompliance with such |
| 138 | measures can be shown through inspections. |
| 139 | Section 5. Subsection (10) of section 570.07, Florida |
| 140 | Statutes, is amended to read: |
| 141 | 570.07 Department of Agriculture and Consumer Services; |
| 142 | functions, powers, and duties.--The department shall have and |
| 143 | exercise the following functions, powers, and duties: |
| 144 | (10) To act as adviser to producers and distributors, when |
| 145 | requested, and to assist them in the economical and efficient |
| 146 | distribution of their agricultural products and to encourage |
| 147 | cooperative effort among producers to gain economical and |
| 148 | efficient production of agricultural products. The department |
| 149 | may adopt by rule, pursuant to ss. 120.536(1) and 120.54, |
| 150 | comprehensive best management practices for agricultural |
| 151 | production and food safety. |
| 152 | Section 6. Subsection (5) is added to section 581.091, |
| 153 | Florida Statutes, to read: |
| 154 | 581.091 Noxious weeds and infected plants or regulated |
| 155 | articles; sale or distribution; receipt; information to |
| 156 | department; withholding information.-- |
| 157 | (5)(a) Notwithstanding any other provision of state law or |
| 158 | rule, a person may obtain a special permit from the department |
| 159 | to plant Casuarina cunninghamiana as a windbreak for a |
| 160 | commercial citrus grove provided the plants are produced in an |
| 161 | authorized registered nursery and certified by the department as |
| 162 | being vegetatively propagated from male plants. A "commercial |
| 163 | citrus grove" means a contiguous planting of 100 or more citrus |
| 164 | trees where citrus fruit is produced for sale. |
| 165 | (b) For a 5-year period, special permits authorizing a |
| 166 | person to plant Casuarina cunninghamiana shall be issued only as |
| 167 | part of a pilot program for fresh fruit groves in areas of |
| 168 | Indian River, St. Lucie, and Martin Counties where citrus canker |
| 169 | is determined by the department to be widespread. The pilot |
| 170 | program shall be reevaluated annually and a comprehensive review |
| 171 | shall be conducted in 2013. The purpose of the annual and 5-year |
| 172 | reviews is to determine if the use of Casuarina cunninghamiana |
| 173 | as an agricultural pest and disease windbreak poses any adverse |
| 174 | environmental consequences. At the end of the 5-year pilot |
| 175 | program, if the Noxious Weed and Invasive Plant Review |
| 176 | Committee, created by the department, and the Department of |
| 177 | Environmental Protection, in consultation with a representative |
| 178 | of the citrus industry who has a Casuarina cunninghamiana |
| 179 | windbreak, determine that the potential is low for adverse |
| 180 | environmental impacts from planting Casuarina cunninghamiana as |
| 181 | windbreaks, the department may, by rule, allow the use of |
| 182 | Casuarina cunninghamiana windbreaks for commercial citrus groves |
| 183 | in other areas of the state. If it is determined at the end of |
| 184 | the 5-year pilot program that additional time is needed to |
| 185 | further evaluate Casuarina cunninghamiana, the department will |
| 186 | remain the lead agency. |
| 187 | (c) Each application for a special permit shall be |
| 188 | accompanied by a fee in an amount determined by the department, |
| 189 | by rule, not to exceed $500. A special permit shall be required |
| 190 | for each noncontiguous commercial citrus grove and shall be |
| 191 | renewed every 5 years. The property owner is responsible for |
| 192 | maintaining and producing for inspection the original nursery |
| 193 | invoice with certification documentation. If ownership of the |
| 194 | property is transferred, the seller must notify the department |
| 195 | and provide the buyer with a copy of the special permit and |
| 196 | copies of all invoices and certification documentation prior to |
| 197 | the closing of the sale. |
| 198 | (d) Each application shall include a baseline survey of |
| 199 | all lands within 500 feet of the proposed Casuarina |
| 200 | cunninghamiana windbreak showing the location and identification |
| 201 | to species of all existing Casuarina spp. |
| 202 | (e) Nurseries authorized to produce Casuarina |
| 203 | cunninghamiana must obtain a special permit from the department |
| 204 | certifying that the plants have been vegetatively propagated |
| 205 | from sexually mature male source trees currently grown in the |
| 206 | state. The importation of Casuarina cunninghamiana from any area |
| 207 | outside the state to be used as a propagation source tree is |
| 208 | prohibited. Each male source tree must be registered by the |
| 209 | department as being a horticulturally true to type male plant |
| 210 | and be labeled with a source tree registration number. Each |
| 211 | nursery application for a special permit shall be accompanied by |
| 212 | a fee in an amount determined by the department, by rule, not to |
| 213 | exceed $200. Special permits shall be renewed annually. The |
| 214 | department shall, by rule, set the amount of an annual fee, not |
| 215 | to exceed $50, for each Casuarina cunninghamiana registered as a |
| 216 | source tree. Nurseries may only sell Casuarina cunninghamiana to |
| 217 | a person with a special permit as specified in paragraphs (a) |
| 218 | and (b). The source tree registration numbers of the parent |
| 219 | plants must be documented on each invoice or other certification |
| 220 | documentation provided to the buyer. |
| 221 | (f) All Casuarina cunninghamiana must be destroyed by the |
| 222 | property owner within 6 months after: |
| 223 | 1. The property owner takes permanent action to no longer |
| 224 | use the site for commercial citrus production; |
| 225 | 2. The site has not been used for commercial citrus |
| 226 | production for a period of 5 years; or |
| 227 | 3. The department determines that the Casuarina |
| 228 | cunninghamiana on the site has become invasive. This |
| 229 | determination shall be based on, but not limited to, the |
| 230 | recommendation of the Noxious Weed and Invasive Plant Review |
| 231 | Committee and the Department of Environmental Protection and in |
| 232 | consultation with a representative of the citrus industry who |
| 233 | has a Casuarina cunninghamiana windbreak. |
| 234 | |
| 235 | If the owner or person in charge refuses or neglects to comply, |
| 236 | the director or her or his authorized representative may, under |
| 237 | authority of the department, proceed to destroy the plants. The |
| 238 | expense of the destruction shall be assessed, collected, and |
| 239 | enforced against the owner by the department. If the owner does |
| 240 | not pay the assessed cost, the department may record a lien |
| 241 | against the property. |
| 242 | (g) The use of Casuarina cunninghamiana for windbreaks |
| 243 | shall not preclude the department from issuing permits for the |
| 244 | research or release of biological control agents to control |
| 245 | Casuarina spp. in accordance with s. 581.083. |
| 246 | (h) The use of Casuarina cunninghamiana for windbreaks |
| 247 | shall not restrict or interfere with any other agency or local |
| 248 | government effort to manage or control noxious weeds or invasive |
| 249 | plants, including Casuarina cunninghamiana, nor shall any other |
| 250 | agency or local government remove any Casuarina cunninghamiana |
| 251 | planted as a windbreak under special permit issued by the |
| 252 | department. |
| 253 | (i) The department shall develop and implement a |
| 254 | monitoring protocol to determine invasiveness of Casuarina |
| 255 | cunninghamiana. The monitoring protocol shall at a minimum, |
| 256 | require: |
| 257 | 1. Inspection of the planting site by department |
| 258 | inspectors within 30 days following initial planting or any |
| 259 | subsequent planting of Casuarina cunninghamiana to ensure the |
| 260 | criteria of the special permit have been met. |
| 261 | 2. Annual site inspections of planting sites and all lands |
| 262 | within 500 feet of the planted windbreak by department |
| 263 | inspectors who have been trained to identify Casuarina spp. and |
| 264 | to make determinations of whether Casuarina cunninghamiana has |
| 265 | spread beyond the permitted windbreak location. |
| 266 | 3. Any new seedlings found within 500 feet of the planted |
| 267 | windbreak to be removed, identified to the species level, and |
| 268 | evaluated to determine if hybridization has occurred. |
| 269 | 4. The department to submit an annual report and a final |
| 270 | 5-year evaluation identifying any adverse effects resulting from |
| 271 | the planting of Casuarina cunninghamiana for windbreaks and |
| 272 | documenting all inspections and the results of those inspections |
| 273 | to the Noxious Weed and Invasive Plant Review Committee, the |
| 274 | Department of Environmental Protection, and a designated |
| 275 | representative of the citrus industry who has a Casuarina |
| 276 | cunninghamiana windbreak. |
| 277 | (j) If the department determines that female flowers or |
| 278 | cones have been produced on any Casuarina cunninghamiana that |
| 279 | have been planted under a special permit issued by the |
| 280 | department, the property owner shall be responsible for |
| 281 | destroying the trees. The department shall notify the property |
| 282 | owner of the timeframe and method of destruction. |
| 283 | (k) If at any time the department determines that |
| 284 | hybridization has occurred during the pilot program between |
| 285 | Casuarina cunninghamiana planted as a windbreak and other |
| 286 | Casuarina spp., the department shall expeditiously initiate |
| 287 | research to determine the invasiveness of the hybrid. The |
| 288 | information obtained from this research shall be evaluated by |
| 289 | the Noxious Weed and Invasive Plant Review Committee, the |
| 290 | Department of Environmental Protection, and a designated |
| 291 | representative of the citrus industry who has a Casuarina |
| 292 | cunninghamiana windbreak. If the department determines that the |
| 293 | hybrids have a high potential to become invasive, based on, but |
| 294 | not limited to, the recommendation of the Noxious Weed and |
| 295 | Invasive Plant Review Committee, the Department of Environmental |
| 296 | Protection, and a designated representative of the citrus |
| 297 | industry who has a Casuarina cunninghamiana windbreak, this |
| 298 | pilot program shall be permanently suspended. |
| 299 | (l) Each application for a special permit must be |
| 300 | accompanied by a fee as described in paragraph (c) and an |
| 301 | agreement that the property owner will abide by all permit |
| 302 | conditions including the removal of Casuarina cunninghamiana if |
| 303 | invasive populations or other adverse environmental factors are |
| 304 | determined to be present by the department as a result of the |
| 305 | use of Casuarina cunninghamiana as windbreaks. The application |
| 306 | must include, on a form provided by the department, the name of |
| 307 | the applicant and the applicant's address or the address of the |
| 308 | applicant's principal place of business; a statement of the |
| 309 | estimated cost of removing and destroying the Casuarina |
| 310 | cunninghamiana that is the subject of the special permit; and |
| 311 | the basis for calculating or determining that estimate. If the |
| 312 | applicant is a corporation, partnership, or other business |
| 313 | entity, the applicant must also provide in the application the |
| 314 | name and address of each officer, partner, or managing agent. |
| 315 | The applicant shall notify the department within 30 business |
| 316 | days of any change of address or change in the principal place |
| 317 | of business. The department shall mail all notices to the |
| 318 | applicant's last known address. |
| 319 | 1. Upon obtaining a permit, the permitholder must annually |
| 320 | maintain the Casuarina cunninghamiana authorized by a special |
| 321 | permit as required in the permit. If the permitholder ceases to |
| 322 | maintain the Casuarina cunninghamiana as required by the special |
| 323 | permit, if the permit expires, or if the permitholder ceases to |
| 324 | abide by the conditions of the special permit, the permitholder |
| 325 | shall remove and destroy the Casuarina cunninghamiana in a |
| 326 | timely manner as specified in the permit. |
| 327 | 2. If the department: |
| 328 | a. Determines that the permitholder is no longer |
| 329 | maintaining the Casuarina cunninghamiana subject to the special |
| 330 | permit and has not removed and destroyed the Casuarina |
| 331 | cunninghamiana authorized by the special permit; |
| 332 | b. Determines that the continued use of Casuarina |
| 333 | cunninghamiana as windbreaks presents an imminent danger to |
| 334 | public health, safety, or welfare; or |
| 335 | c. Determines that the permitholder has exceeded the |
| 336 | conditions of the authorized special permit; |
| 337 | |
| 338 | The department may issue an immediate final order, which shall |
| 339 | be immediately appealable or enjoinable as provided by chapter |
| 340 | 120, directing the permitholder to immediately remove and |
| 341 | destroy the Casuarina cunninghamiana authorized to be planted |
| 342 | under the special permit. A copy of the immediate final order |
| 343 | shall be mailed to the permitholder. |
| 344 | 3. If, upon issuance by the department of an immediate |
| 345 | final order to the permitholder, the permitholder fails to |
| 346 | remove and destroy the Casuarina cunninghamiana subject to the |
| 347 | special permit within 60 days after issuance of the order, or |
| 348 | such shorter period as is designated in the order as public |
| 349 | health, safety, or welfare requires, the department may remove |
| 350 | and destroy the Casuarina cunninghamiana that are the subject of |
| 351 | the special permit. If the permitholder makes a written request |
| 352 | to the department for an extension of time to remove and destroy |
| 353 | the Casuarina cunninghamiana that demonstrates specific facts |
| 354 | showing why the Casuarina cunninghamiana could not reasonably be |
| 355 | removed and destroyed in the applicable timeframe, the |
| 356 | department may extend the time for removing and destroying |
| 357 | Casuarina cunninghamiana subject to a special permit. The |
| 358 | reasonable costs and expenses incurred by the department for |
| 359 | removing and destroying Casuarina cunninghamiana subject to a |
| 360 | special permit shall be paid out of the Citrus Inspection Trust |
| 361 | Fund and shall be reimbursed by the party to which the immediate |
| 362 | final order is issued. If the party to which the immediate final |
| 363 | order has been issued fails to reimburse the state within 60 |
| 364 | days, the department may record a lien on the property. The lien |
| 365 | shall be enforced by the department. |
| 366 | 4. In order to carry out the purposes of this paragraph, |
| 367 | the department or its agents may require a permitholder to |
| 368 | provide verified statements of the planted acreage subject to |
| 369 | the special permit and may review the permitholder's business or |
| 370 | planting records at her or his place of business during normal |
| 371 | business hours in order to determine the acreage planted. The |
| 372 | failure of a permitholder to furnish such statement or to make |
| 373 | such records available is cause for suspension of the special |
| 374 | permit. If the department finds such failure to be willful, the |
| 375 | special permit may be revoked. |
| 376 | Section 7. Subsection (1) of section 604.15, Florida |
| 377 | Statutes, is amended to read: |
| 378 | 604.15 Dealers in agricultural products; definitions.--For |
| 379 | the purpose of ss. 604.15-604.34, the following words and terms, |
| 380 | when used, shall be construed to mean: |
| 381 | (1) "Agricultural products" means the natural products of |
| 382 | the farm, nursery, grove, orchard, vineyard, garden, and apiary |
| 383 | (raw or manufactured); sod; tropical foliage; horticulture; hay; |
| 384 | livestock; milk and milk products; poultry and poultry products; |
| 385 | the fruit of the saw palmetto (meaning the fruit of the Serenoa |
| 386 | repens); limes (meaning the fruit Citrus aurantifolia, variety |
| 387 | Persian, Tahiti, Bearss, or Florida Key limes); and any other |
| 388 | nonexempt agricultural products produced in the state, except |
| 389 | tobacco, sugarcane, tropical foliage, timber and timber |
| 390 | byproducts, forest products as defined in s. 591.17, and citrus |
| 391 | other than limes. |
| 392 | Section 8. Section 823.145, Florida Statutes, is amended |
| 393 | to read: |
| 394 | 823.145 Disposal by open burning of certain materials |
| 395 | mulch plastic used in agricultural operations.--Polyethylene |
| 396 | agricultural mulch plastic; damaged, nonsalvageable, untreated |
| 397 | wood pallets; and packing material that cannot be feasibly |
| 398 | recycled, which are used in connection with agricultural |
| 399 | operations related to the growing, harvesting, or maintenance of |
| 400 | crops, may be disposed of by open burning provided that no |
| 401 | public nuisance or any condition adversely affecting the |
| 402 | environment or the public health is created thereby and that |
| 403 | state or federal national ambient air quality standards are not |
| 404 | violated. |
| 405 | Section 9. This act shall take effect July 1, 2008. |