CS/CS/HB 421

1	A bill to be entitled
2	An act relating to agricultural-related exemptions to
3	water management requirements; amending s. 373.406, F.S.;
4	revising an exemption for agricultural-related activities
5	to include certain impacts to surface waters and wetlands;
6	clarifying the purposes of such activities; limiting
7	applicability of the exemption; providing for retroactive
8	application of the exemption; amending s. 373.407, F.S.;
9	providing exclusive authority to the Department of
10	Agriculture and Consumer Services to determine whether
11	certain activities qualify for an agricultural-related
12	exemption under specified conditions; requiring a
13	specified memorandum of agreement between the department
14	and each water management district; authorizing the
15	department to adopt rules; amending s. 403.927, F.S.;
16	providing an exemption from mitigation requirements for
17	converted agricultural lands under certain conditions;
18	revising the definition of the term "agricultural
19	activities" to include cultivating, fallowing, leveling,
20	and implementation of specified practices and standards
21	and to 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 normal and customary practice
37	of such occupation in the area. However, such alteration or
38	activity may not be for the sole or predominant purpose of
39	impeding impounding or diverting the flow of obstructing surface
40	waters or adversely impacting wetlands. This exemption applies
41	to lands classified as agricultural pursuant to s. 193.461 and
42	to activities requiring an environmental resource permit
43	pursuant to this part. This exemption does not apply to any
44	activities previously authorized by an environmental resource
45	permit or a management and storage of surface water permit
46	issued pursuant to this part or a dredge and fill permit issued
47	pursuant to chapter 403. This exemption has retroactive
48	application to July 1, 1984.
49	Section 2.  Section 373.407, Florida Statutes, is amended
50	to read:
51	373.407  Determination of qualification Memorandum of
52	agreement for an agricultural-related exemption.-In the event of
53	a dispute as to the applicability of an exemption, No later than
54	July 1, 2007, the Department of Agriculture and Consumer
55	Services and each water management district shall enter into a
56	memorandum of agreement under which the Department of
57	Agriculture and Consumer Services shall assist in a
58	determination by a water management district or landowner may as
59	to whether an existing or proposed activity qualifies for the
60	exemption in s. 373.406(2). The memorandum of agreement shall
61	provide a process by which, upon the request of a water
62	management district, the Department of Agriculture and Consumer
63	Services to make a binding determination shall conduct a
64	nonbinding review as to whether an existing or proposed activity
65	qualifies for an agricultural-related exemption under in s.
66	373.406(2). The Department of Agriculture and Consumer Services
67	and each water management district shall enter into a memorandum
68	of agreement or amend an existing memorandum of agreement which
69	sets forth shall provide processes and procedures by which the
70	Department of Agriculture and Consumer Services shall undertake
71	its this review, make a determination effectively and
72	efficiently, and provide notice of its determination to the
73	applicable water management district or landowner. The
74	Department of Agriculture and Consumer Services has exclusive
75	authority to make the determination under this section and may
76	adopt rules to implement this section and s. 373.406(2) issue a
77	recommendation.
78	Section 3.  Subsection (3) and paragraph (a) of subsection
79	(4) of section 403.927, Florida Statutes, are amended to read:
80	403.927  Use of water in farming and forestry activities.-
81	(3)  If land served by a water management system is
82	converted to a use other than an agricultural use, the water
83	management system, or the portion of the system which serves
84	that land, will be subject to the provisions of this chapter.
85	However, mitigation under chapter 373 or this chapter to offset
86	any adverse effects caused by agricultural activities that
87	occurred before the conversion of the land is not required if
88	the activities occurred on the land in the last 4 years
89	preceding the conversion.
90	(4)  As used in this section, the term:
91	(a)  "Agricultural activities" includes all necessary
92	farming and forestry operations which are normal and customary
93	for the area, such as site preparation, clearing, fencing,
94	contouring to prevent soil erosion, soil preparation, plowing,
95	planting, cultivating, harvesting, fallowing, leveling,
96	construction of access roads, and placement of bridges and
97	culverts, and implementation of best management practices
98	adopted by the Department of Agriculture and Consumer Services
99	or practice standards adopted by the United States Department of
100	Agriculture's Natural Resources Conservation Service, provided
101	such operations are not for the sole or predominant purpose of
102	impeding do not impede or diverting divert the flow of surface
103	waters or adversely impacting wetlands.
104	Section 4.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.