Florida Senate - 2011                                     SB 858
       By Senator Hays
       20-00314A-11                                           2011858__
    1                        A bill to be entitled                      
    2         An act relating to agriculture; amending s. 163.3162,
    3         F.S.; prohibiting a county from enforcing certain
    4         limits on the activity of a bona fide farm operation
    5         on agricultural land under certain circumstances;
    6         prohibiting a county from charging agricultural lands
    7         for stormwater management assessments and fees under
    8         certain circumstances; allowing an assessment to be
    9         collected if credits against the assessment are
   10         provided for implementation of best management
   11         practices; providing exemptions from certain
   12         restrictions on a county’s powers over the activity on
   13         agricultural land; providing a definition; providing
   14         for application; creating s. 163.3163, F.S.; creating
   15         the “Agricultural Land Acknowledgement Act”; providing
   16         legislative findings and intent; providing
   17         definitions; requiring an applicant for certain
   18         development permits to sign and submit an
   19         acknowledgement of certain contiguous agricultural
   20         lands as a condition of the political subdivision
   21         issuing the permits; specifying information to be
   22         included in the acknowledgement; requiring that the
   23         acknowledgement be recorded in the official county
   24         records; authorizing the Department of Agriculture and
   25         Consumer Services to adopt rules; amending s. 205.064,
   26         F.S.; authorizing a person selling certain
   27         agricultural products who is not a natural person to
   28         qualify for an exemption from obtaining a local
   29         business tax receipt; amending s. 322.01, F.S.;
   30         revising the term “farm tractor” for purposes of
   31         driver’s licenses; amending s. 604.15, F.S.; revising
   32         the term “agricultural products” to make tropical
   33         foliage exempt from regulation under provisions
   34         relating to dealers in agricultural products; amending
   35         s. 604.50, F.S.; exempting farm fences from the
   36         Florida Building Code; revising the term
   37         “nonresidential farm building”; exempting
   38         nonresidential farm buildings and farm fences from
   39         county and municipal codes and fees; specifying that
   40         the exemptions do not apply to code provisions
   41         implementing certain floodplain regulations; amending
   42         s. 624.4095, F.S.; requiring that gross written
   43         premiums for certain crop insurance not be included
   44         when calculating the insurer’s gross writing ratio;
   45         requiring that liabilities for ceded reinsurance
   46         premiums be netted against the asset for amounts
   47         recoverable from reinsurers; requiring that insurers
   48         who write other insurance products disclose a breakout
   49         of the gross written premiums for crop insurance;
   50         amending s. 823.145, F.S.; expanding the materials
   51         used in agricultural operations that may be disposed
   52         of by open burning; providing certain limitations on
   53         open burning; providing an effective date.
   55  Be It Enacted by the Legislature of the State of Florida:
   57         Section 1. Subsection (4) of section 163.3162, Florida
   58  Statutes, is amended to read:
   59         163.3162 Agricultural Lands and Practices Act.—
   60         (4) DUPLICATION OF REGULATION.—Except as otherwise provided
   61  in this section and s. 487.051(2), and notwithstanding any other
   62  law, including any provision of chapter 125 or this chapter:,
   63         (a) A county may not exercise any of its powers to adopt or
   64  enforce any ordinance, resolution, regulation, rule, or policy
   65  to prohibit, restrict, regulate, or otherwise limit an activity
   66  of a bona fide farm operation on land classified as agricultural
   67  land pursuant to s. 193.461, if such activity is regulated
   68  through implemented best management practices, interim measures,
   69  or regulations adopted as rules under chapter 120 developed by
   70  the Department of Environmental Protection, the Department of
   71  Agriculture and Consumer Services, or a water management
   72  district and adopted under chapter 120 as part of a statewide or
   73  regional program; or if such activity is expressly regulated by
   74  the United States Department of Agriculture, the United States
   75  Army Corps of Engineers, or the United States Environmental
   76  Protection Agency.
   77         (b) A county may not charge an assessment or fee for
   78  stormwater management on a bona fide farm operation on land
   79  classified as agricultural land pursuant to s. 193.461, if the
   80  farm operation has a National Pollutant Discharge Elimination
   81  System permit, environmental resource permit, or works-of-the
   82  district permit or implements best management practices adopted
   83  as rules under chapter 120 by the Department of Environmental
   84  Protection, the Department of Agriculture and Consumer Services,
   85  or a water management district as part of a statewide or
   86  regional program.
   87         (c) For each county that, before March 1, 2009, adopted a
   88  stormwater utility ordinance or resolution, adopted an ordinance
   89  or resolution establishing a municipal services benefit unit, or
   90  adopted a resolution stating the county’s intent to use the
   91  uniform method of collection pursuant to s. 197.3632 for such
   92  stormwater ordinances, the county may continue to charge an
   93  assessment or fee for stormwater management on a bona fide farm
   94  operation on land classified as agricultural pursuant to s.
   95  193.461 if the ordinance or resolution provides credits against
   96  the assessment or fee on a bona fide farm operation for the
   97  water quality or flood control benefit of:
   98         1. The implementation of best management practices adopted
   99  as rules under chapter 120 by the Department of Environmental
  100  Protection, the Department of Agriculture and Consumer Services,
  101  or a water management district as part of a statewide or
  102  regional program;
  103         2. The stormwater quality and quantity measures required as
  104  part of a National Pollutant Discharge Elimination System
  105  permit, environmental resource permit, or works-of-the-district
  106  permit; or
  107         3. The implementation of best management practices or
  108  alternative measures that the landowner demonstrates to the
  109  county to be of equivalent or greater stormwater benefit than
  110  those provided by implementation of best management practices
  111  adopted as rules under chapter 120 by the Department of
  112  Environmental Protection, the Department of Agriculture and
  113  Consumer Services, or a water management district as part of a
  114  statewide or regional program, or stormwater quality and
  115  quantity measures required as part of a National Pollutant
  116  Discharge Elimination System permit, environmental resource
  117  permit, or works-of-the-district permit.
  118         (d)(a) When an activity of a farm operation takes place
  119  within a wellfield protection area as defined in any wellfield
  120  protection ordinance adopted by a county, and the implemented
  121  best management practice, regulation, or interim measure does
  122  not specifically address wellfield protection, a county may
  123  regulate that activity pursuant to such ordinance. This
  124  subsection does not limit the powers and duties provided for in
  125  s. 373.4592 or limit the powers and duties of any county to
  126  address an emergency as provided for in chapter 252.
  127         (e)(b) This subsection may not be construed to permit an
  128  existing farm operation to change to a more excessive farm
  129  operation with regard to traffic, noise, odor, dust, or fumes
  130  where the existing farm operation is adjacent to an established
  131  homestead or business on March 15, 1982.
  132         (f)(c) This subsection does not limit the powers of a
  133  predominantly urbanized county with a population greater than
  134  1,500,000 and more than 25 municipalities, not operating under a
  135  home rule charter adopted pursuant to ss. 10, 11, and 24, Art.
  136  VIII of the Constitution of 1885, as preserved by s. 6(e), Art.
  137  VIII of the Constitution of 1968, which has a delegated
  138  pollution control program under s. 403.182 and includes drainage
  139  basins that are part of the Everglades Stormwater Program, to
  140  enact ordinances, regulations, or other measures to comply with
  141  the provisions of s. 373.4592, or which are necessary to
  142  carrying out a county’s duties pursuant to the terms and
  143  conditions of any environmental program delegated to the county
  144  by agreement with a state agency.
  145         (g)(d) For purposes of this subsection, a county ordinance
  146  that regulates the transportation or land application of
  147  domestic wastewater residuals or other forms of sewage sludge
  148  shall not be deemed to be duplication of regulation.
  149         (h) This subsection does not limit a county’s powers to:
  150         1. Enforce wetlands, as defined in s. 373.019, springs
  151  protection, or stormwater ordinances, regulations, or rules
  152  adopted before July 1, 2003.
  153         2. Enforce wetlands, as defined in s. 373.019, springs
  154  protection, or stormwater ordinances, regulations, or rules
  155  pertaining to the Wekiva River Protection Area.
  156         3. Enforce ordinances, regulations, or rules as directed by
  157  law or implemented consistent with the requirements of a program
  158  operated under a delegation agreement from a state agency or
  159  water management district.
  160         (i) The provisions of this subsection which limit a
  161  county’s authority to adopt or enforce any ordinance,
  162  regulation, rule, or policy, or to charge any assessment or fee
  163  for stormwater management, apply only to a bona fide farm
  164  operation as described in this subsection.
  165         (j) This subsection does not apply to a municipal services
  166  benefit unit established before March 1, 2009, pursuant to s.
  167  125.01(1)(q), predominately for flood control or water supply
  168  benefits.
  169         Section 2. Section 163.3163, Florida Statutes, is created
  170  to read:
  171         163.3163 Applications for development permits; disclosure
  172  and acknowledgement of contiguous sustainable agricultural
  173  land.—
  174         (1) This section may be cited as the “Agricultural Land
  175  Acknowledgement Act.”
  176         (2) The Legislature finds that nonagricultural land that
  177  neighbors agricultural land may adversely affect agricultural
  178  production and farm operations on the agricultural land and may
  179  lead to the agricultural land’s conversion to urban, suburban,
  180  or other nonagricultural uses. The Legislature intends to reduce
  181  the occurrence of conflicts between agricultural and
  182  nonagricultural land uses and encourage sustainable agricultural
  183  land use. The purpose of this section is to ensure that
  184  generally accepted agricultural practices will not be subject to
  185  interference by residential use of land contiguous to
  186  sustainable agricultural land.
  187         (3) As used in this section, the term:
  188         (a) “Contiguous” means touching, bordering, or adjoining
  189  along a boundary. For purposes of this section, properties that
  190  would be contiguous if not separated by a roadway, railroad, or
  191  other public easement are considered contiguous.
  192         (b) “Farm operation” has the same meaning as defined in s.
  193  823.14.
  194         (c) “Sustainable agricultural land” means land classified
  195  as agricultural land pursuant to s. 193.461 which is used for a
  196  farm operation that uses current technology, based on science or
  197  research and demonstrated measurable increases in productivity,
  198  to meet future food, feed, fiber, and energy needs, while
  199  considering the environmental impacts and the social and
  200  economic benefits to the rural communities.
  201         (4)(a) Before a political subdivision issues a local land
  202  use permit, building permit, or certificate of occupancy for
  203  nonagricultural land contiguous to sustainable agricultural
  204  land, the political subdivision shall require that, as a
  205  condition of issuing the permit or certificate, the applicant
  206  for the permit or certificate sign and submit to the political
  207  subdivision, in a format that is recordable in the official
  208  records of the county in which the political subdivision is
  209  located, a written acknowledgement of contiguous sustainable
  210  agricultural land in the following form:
  214         I, ...(name of applicant)..., understand that my property
  215  located at ...(address of nonagricultural land)..., as further
  216  described in the attached legal description, is contiguous to
  217  sustainable agricultural land located at ...(address of
  218  agricultural land)..., as further described in the attached
  219  legal description.
  220         I acknowledge and understand that the farm operation on the
  221  contiguous sustainable agricultural land identified herein will
  222  be conducted according to generally accepted agricultural
  223  practices as provided in the Florida Right to Farm Act, s.
  224  823.14, Florida Statutes.
  225         Signature: ...(signature of applicant)....
  226         Date: ...(date)....
  228         (b) An acknowledgement submitted to a political subdivision
  229  under paragraph (a) shall be recorded in the official records of
  230  the county in which the political subdivision is located.
  231         (c) The Department of Agriculture and Consumer Services, in
  232  cooperation with the Department of Revenue, may adopt rules to
  233  administer this section.
  234         Section 3. Subsection (1) of section 205.064, Florida
  235  Statutes, is amended to read:
  236         205.064 Farm, aquacultural, grove, horticultural,
  237  floricultural, tropical piscicultural, and tropical fish farm
  238  products; certain exemptions.—
  239         (1) A local business tax receipt is not required of any
  240  natural person for the privilege of engaging in the selling of
  241  farm, aquacultural, grove, horticultural, floricultural,
  242  tropical piscicultural, or tropical fish farm products, or
  243  products manufactured therefrom, except intoxicating liquors,
  244  wine, or beer, when such products were grown or produced by such
  245  natural person in the state.
  246         Section 4. Subsection (20) of section 322.01, Florida
  247  Statutes, is amended to read:
  248         322.01 Definitions.—As used in this chapter:
  249         (20) “Farm tractor” means a motor vehicle that is:
  250         (a) Operated principally on a farm, grove, or orchard in
  251  agricultural or horticultural pursuits and that is operated on
  252  the roads of this state only incidentally for transportation
  253  between the owner’s or operator’s headquarters and the farm,
  254  grove, or orchard or between one farm, grove, or orchard and
  255  another; or
  256         (b) Designed and used primarily as a farm implement for
  257  drawing plows, mowing machines, and other implements of
  258  husbandry.
  259         Section 5. Subsection (1) of section 604.15, Florida
  260  Statutes, is amended to read:
  261         604.15 Dealers in agricultural products; definitions.—For
  262  the purpose of ss. 604.15-604.34, the following words and terms,
  263  when used, shall be construed to mean:
  264         (1) “Agricultural products” means the natural products of
  265  the farm, nursery, grove, orchard, vineyard, garden, and apiary
  266  (raw or manufactured); sod; tropical foliage; horticulture; hay;
  267  livestock; milk and milk products; poultry and poultry products;
  268  the fruit of the saw palmetto (meaning the fruit of the Serenoa
  269  repens); limes (meaning the fruit Citrus aurantifolia, variety
  270  Persian, Tahiti, Bearss, or Florida Key limes); and any other
  271  nonexempt agricultural products produced in the state, except
  272  tobacco, sugarcane, tropical foliage, timber and timber
  273  byproducts, forest products as defined in s. 591.17, and citrus
  274  other than limes.
  275         Section 6. Section 604.50, Florida Statutes, is amended to
  276  read:
  277         604.50 Nonresidential farm buildings and farm fences.—
  278         (1) Notwithstanding any other law to the contrary, any
  279  nonresidential farm building or farm fence is exempt from the
  280  Florida Building Code and any county or municipal building code
  281  or fee, except for code provisions implementing local, state, or
  282  federal floodplain management regulations.
  283         (2) As used in For purposes of this section, the term:
  284         (a) “Nonresidential farm building” means any temporary or
  285  permanent building or support structure that is classified as a
  286  nonresidential farm building on a farm under s. 553.73(9)(c) or
  287  that is used primarily for agricultural purposes, is located on
  288  a farm that is not used as a residential dwelling, and is
  289  located on land that is an integral part of a farm operation or
  290  is classified as agricultural land under s. 193.461, and is not
  291  intended to be used as a residential dwelling. The term may
  292  include, but is not limited to, a barn, greenhouse, shade house,
  293  farm office, storage building, or poultry house.
  294         (b)The term “Farm” has the same meaning is as provided
  295  defined in s. 823.14.
  296         Section 7. Subsection (7) is added to section 624.4095,
  297  Florida Statutes, to read:
  298         624.4095 Premiums written; restrictions.—
  299         (7) For purposes of ss. 624.407 and 624.408 and this
  300  section, with regard to capital and surplus required, gross
  301  written premiums for federal multiple-peril crop insurance that
  302  is ceded to the Federal Crop Insurance Corporation and
  303  authorized reinsurers shall not be included when calculating the
  304  insurer’s gross writing ratio. The liabilities for ceded
  305  reinsurance premiums payable for federal multiple-peril crop
  306  insurance ceded to the Federal Crop Insurance Corporation and
  307  authorized reinsurers shall be netted against the asset for
  308  amounts recoverable from reinsurers. Each insurer that writes
  309  other insurance products together with federal multiple-peril
  310  crop insurance shall disclose in the notes to the annual and
  311  quarterly financial statement, or file a supplement to the
  312  financial statement that discloses, a breakout of the gross
  313  written premiums for federal multiple-peril crop insurance.
  314         Section 8. Section 823.145, Florida Statutes, is amended to
  315  read:
  316         823.145 Disposal by open burning of certain materials mulch
  317  plastic used in agricultural operations.—Polyethylene
  318  agricultural mulch plastic; damaged, nonsalvageable, untreated
  319  wood pallets; and packing material that cannot be feasibly
  320  recycled, which are used in connection with agricultural
  321  operations related to the growing, harvesting, or maintenance of
  322  crops, may be disposed of by open burning provided that no
  323  public nuisance or any condition adversely affecting the
  324  environment or the public health is created thereby and that
  325  state or federal national ambient air quality standards are not
  326  violated.
  327         Section 9. This act shall take effect July 1, 2011.