Florida Senate - 2011                             CS for SB 1174
       
       
       
       By the Committee on Agriculture; and Senators Siplin and Lynn
       
       
       
       
       575-02800-11                                          20111174c1
    1                        A bill to be entitled                      
    2         An act relating to agricultural-related exemptions to
    3         water management requirements; amending s. 373.406,
    4         F.S.; revising an exemption for agricultural-related
    5         activities to include certain impacts to surface
    6         waters and wetlands; providing that the exemption
    7         applies to certain agricultural lands and does not
    8         apply to specified permitted activities; amending s.
    9         373.407, F.S.; providing exclusive authority to the
   10         Department of Agriculture and Consumer Services to
   11         determine whether certain activities qualify for an
   12         agricultural-related exemption under specified
   13         conditions; requiring a specified memorandum of
   14         agreement between the department and each water
   15         management district; authorizing the department to
   16         adopt rules; amending s. 403.927, F.S.; providing an
   17         exemption from mitigation requirements for converted
   18         agricultural lands under certain conditions; revising
   19         the definition of the term “agricultural activities”
   20         to include cultivating, fallowing, and leveling and to
   21         provide for certain impacts to surface waters and
   22         wetlands; providing an effective date.
   23  
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Subsection (2) of section 373.406, Florida
   27  Statutes, is amended to read:
   28         373.406 Exemptions.—The following exemptions shall apply:
   29         (2) Notwithstanding s. 403.927, nothing herein, or in any
   30  rule, regulation, or order adopted pursuant hereto, shall be
   31  construed to affect the right of any person engaged in the
   32  occupation of agriculture, silviculture, floriculture, or
   33  horticulture to alter the topography of any tract of land,
   34  including, but not limited to, activities that may impede or
   35  divert the flow of surface waters or adversely impact wetlands,
   36  for purposes consistent with the practice of such occupation.
   37  However, such alteration or activity may not be for the sole or
   38  predominant purpose of impeding impounding or diverting the flow
   39  of obstructing surface waters or adversely impacting wetlands.
   40  This exemption is applicable only on lands classified as
   41  agricultural pursuant to s. 193.461 and to activities regulated
   42  pursuant to this part. This exemption does not apply to any
   43  activities previously authorized by an environmental resource
   44  permit, a permit for the management and storage of surface
   45  waters issued pursuant to this part, or a dredge and fill permit
   46  issued pursuant to chapter 403.
   47         Section 2. Section 373.407, Florida Statutes, is amended to
   48  read:
   49         373.407 Determination of qualification Memorandum of
   50  agreement for an agricultural-related exemption.—In the event of
   51  a dispute as to the applicability of an exemption, No later than
   52  July 1, 2007, the Department of Agriculture and Consumer
   53  Services and each water management district shall enter into a
   54  memorandum of agreement under which the Department of
   55  Agriculture and Consumer Services shall assist in a
   56  determination by a water management district or landowner may as
   57  to whether an existing or proposed activity qualifies for the
   58  exemption in s. 373.406(2). The memorandum of agreement shall
   59  provide a process by which, upon the request of a water
   60  management district, the Department of Agriculture and Consumer
   61  Services to make a binding determination shall conduct a
   62  nonbinding review as to whether an existing or proposed activity
   63  qualifies for an agricultural-related exemption under in s.
   64  373.406(2). The Department of Agriculture and Consumer Services
   65  and each water management district shall enter into a memorandum
   66  of agreement or amend an existing memorandum of agreement which
   67  sets forth shall provide processes and procedures by which the
   68  Department of Agriculture and Consumer Services shall undertake
   69  its this review, make a determination effectively and
   70  efficiently, and provide notice of its determination to the
   71  applicable water management district or landowner. The
   72  Department of Agriculture and Consumer Services has exclusive
   73  authority to make the determination under this section and may
   74  adopt rules to implement this section and s. 373.406(2) issue a
   75  recommendation.
   76         Section 3. Subsection (3) and paragraph (a) of subsection
   77  (4) of section 403.927, Florida Statutes, are amended to read:
   78         403.927 Use of water in farming and forestry activities.—
   79         (3) If land served by a water management system is
   80  converted to a use other than an agricultural use, the water
   81  management system, or the portion of the system which serves
   82  that land, will be subject to the provisions of this chapter.
   83  However, mitigation under chapter 373 or this chapter to offset
   84  any adverse effects caused by agricultural activities that
   85  occurred before the conversion of the land is not required if
   86  the activities occurred on the land in at least 4 of the last 7
   87  years preceding the conversion.
   88         (4) As used in this section, the term:
   89         (a) “Agricultural activities” includes all necessary
   90  farming and forestry operations which are normal and customary
   91  for the area, such as site preparation, clearing, fencing,
   92  contouring to prevent soil erosion, soil preparation, plowing,
   93  planting, cultivating, harvesting, fallowing, leveling,
   94  construction of access roads, and placement of bridges and
   95  culverts, provided such operations are not for the sole or
   96  predominant purpose of impeding do not impede or diverting
   97  divert the flow of surface waters or adversely impacting
   98  wetlands.
   99         Section 4. This act shall take effect July 1, 2011.