Florida Senate - 2012 SB 1184 By Senator Norman 12-00162-12 20121184__ 1 A bill to be entitled 2 An act relating to agriculture; amending s. 163.3162, 3 F.S.; defining the term “governmental entity”; 4 prohibiting certain governmental entities from 5 charging stormwater management assessments or fees on 6 certain bona fide farm operations except under certain 7 circumstances; providing for applicability; amending 8 s. 206.41, F.S.; revising the definition of the term 9 “agricultural and aquacultural purposes” for purposes 10 of the required refund of state taxes imposed on motor 11 fuel used for such purposes; amending s. 316.515, 12 F.S.; revising the Florida Uniform Traffic Control Law 13 to authorize the use of citrus harvesting equipment 14 and citrus fruit loaders to transport certain 15 agricultural products and to authorize the use of 16 certain motor vehicles to transport citrus; amending 17 s. 570.07, F.S.; revising the powers and duties of the 18 Department of Agricultural and Consumer Services to 19 enforce laws and rules relating to the use of 20 commercial stock feeds; amending s. 580.036, F.S.; 21 authorizing the department to adopt rules establishing 22 certain standards for regulating commercial feed or 23 feedstuff; requiring the department to consult with 24 the Commercial Feed Technical Council in the 25 development of such rules; creating s. 810.127, F.S.; 26 defining terms; prohibiting the knowing entry upon and 27 unauthorized recording of sounds or images of a farm 28 or farm operation; providing for applicability; 29 providing a penalty; providing effective dates. 30 31 Be It Enacted by the Legislature of the State of Florida: 32 33 Section 1. Paragraph (d) is added to subsection (2) of 34 section 163.3162, Florida Statutes, and paragraphs (b), (c), and 35 (i) of subsection (3) of that section are amended to read: 36 163.3162 Agricultural Lands and Practices.— 37 (2) DEFINITIONS.—As used in this section, the term: 38 (d) “Governmental entity” has the same meaning as provided 39 in s. 164.1031. 40 (3) DUPLICATION OF REGULATION.—Except as otherwise provided 41 in this section and s. 487.051(2), and notwithstanding any other 42 law, including any provision of chapter 125 or this chapter: 43 (b) A governmental entity
countymay not charge an 44 assessment or fee for stormwater management on a bona fide farm 45 operation on land classified as agricultural land pursuant to s. 46 193.461, if the farm operation has a National Pollutant 47 Discharge Elimination System permit, environmental resource 48 permit, or works-of-the-district permit or implements best 49 management practices adopted as rules under chapter 120 by the 50 Department of Environmental Protection, the Department of 51 Agriculture and Consumer Services, or a water management 52 district as part of a statewide or regional program. 53 (c) For each governmental entity countythat, before March 54 1, 2009, adopted a stormwater utility ordinance or resolution, 55 adopted an ordinance or resolution establishing a municipal 56 services benefit unit, or adopted a resolution stating the 57 governmental entity’s county’sintent to use the uniform method 58 of collection pursuant to s. 197.3632 for such stormwater 59 ordinances, the governmental entity countymay continue to 60 charge an assessment or fee for stormwater management on a bona 61 fide farm operation on land classified as agricultural pursuant 62 to s. 193.461, if the ordinance or resolution provides credits 63 against the assessment or fee on a bona fide farm operation for 64 the water quality or flood control benefit of: 65 1. The implementation of best management practices adopted 66 as rules under chapter 120 by the Department of Environmental 67 Protection, the Department of Agriculture and Consumer Services, 68 or a water management district as part of a statewide or 69 regional program; 70 2. The stormwater quality and quantity measures required as 71 part of a National Pollutant Discharge Elimination System 72 permit, environmental resource permit, or works-of-the-district 73 permit; or 74 3. The implementation of best management practices or 75 alternative measures which the landowner demonstrates to the 76 governmental entity countyto be of equivalent or greater 77 stormwater benefit than those provided by implementation of best 78 management practices adopted as rules under chapter 120 by the 79 Department of Environmental Protection, the Department of 80 Agriculture and Consumer Services, or a water management 81 district as part of a statewide or regional program, or 82 stormwater quality and quantity measures required as part of a 83 National Pollutant Discharge Elimination System permit, 84 environmental resource permit, or works-of-the-district permit. 85 (i) The provisions of this subsection that limit a 86 governmental entity’s county’sauthority to adopt or enforce any 87 ordinance, regulation, rule, or policy, or to charge any 88 assessment or fee for stormwater management, apply only to a 89 bona fide farm operation as described in this subsection. 90 Section 2. Paragraph (c) of subsection (4) of section 91 206.41, Florida Statutes, is amended to read: 92 206.41 State taxes imposed on motor fuel.— 93 (4) 94 (c)1. Any person who uses any motor fuel for agricultural, 95 aquacultural, commercial fishing, or commercial aviation 96 purposes on which fuel the tax imposed by paragraph (1)(e), 97 paragraph (1)(f), or paragraph (1)(g) has been paid is entitled 98 to a refund of such tax. 99 2. For the purposes of this paragraph, “agricultural and 100 aquacultural purposes” means motor fuel used in any tractor, 101 vehicle, or other farm equipment which is used exclusively on a 102 farm or for processing farm products on the farm, and no part of 103 which fuel is used in any vehicle or equipment driven or 104 operated upon the public highways of this state. This 105 restriction does not apply to the movement of a farm vehicle, or106 farm equipment, citrus harvesting equipment, or citrus fruit 107 loaders between farms. The transporting of bees by water and the 108 operating of equipment used in the apiary of a beekeeper shall 109 be also deemed an agricultural purpose. 110 3. For the purposes of this paragraph, “commercial fishing 111 and aquacultural purposes” means motor fuel used in the 112 operation of boats, vessels, or equipment used exclusively for 113 the taking of fish, crayfish, oysters, shrimp, or sponges from 114 salt or fresh waters under the jurisdiction of the state for 115 resale to the public, and no part of which fuel is used in any 116 vehicle or equipment driven or operated upon the highways of 117 this state; however, the term may in no way be construed to 118 include fuel used for sport or pleasure fishing. 119 4. For the purposes of this paragraph, “commercial aviation 120 purposes” means motor fuel used in the operation of aviation 121 ground support vehicles or equipment, no part of which fuel is 122 used in any vehicle or equipment driven or operated upon the 123 public highways of this state. 124 Section 3. Paragraph (a) of subsection (5) of section 125 316.515, Florida Statutes, is amended to read: 126 316.515 Maximum width, height, length.— 127 (5) IMPLEMENTS OF HUSBANDRY AND FARM EQUIPMENT; 128 AGRICULTURAL TRAILERS; FORESTRY EQUIPMENT; SAFETY REQUIREMENTS.— 129 (a) Notwithstanding any other provisions of law, straight 130 trucks, agricultural tractors, citrus harvesting equipment, 131 citrus fruit loaders, and cotton module movers, not exceeding 50 132 feet in length, or any combination of up to and including three 133 implements of husbandry, including the towing power unit, and 134 any single agricultural trailer with a load thereon or any 135 agricultural implements attached to a towing power unit, or a 136 self-propelled agricultural implement or an agricultural 137 tractor, is authorized for the purpose of transporting peanuts, 138 grains, soybeans, citrus, cotton, hay, straw, or other 139 perishable farm products from their point of production to the 140 first point of change of custody or of long-term storage, and 141 for the purpose of returning to such point of production, or for 142 the purpose of moving such tractors, movers, and implements from 143 one point of agricultural production to another, by a person 144 engaged in the production of any such product or custom hauler, 145 if such vehicle or combination of vehicles otherwise complies 146 with this section. The Department of Transportation may issue 147 overlength permits for cotton module movers greater than 50 feet 148 but not more than 55 feet in overall length. Such vehicles shall 149 be operated in accordance with all safety requirements 150 prescribed by law and rules of the Department of Transportation. 151 Section 4. Paragraph (c) of subsection (16) of section 152 570.07, Florida Statutes, is amended to read: 153 570.07 Department of Agriculture and Consumer Services; 154 functions, powers, and duties.—The department shall have and 155 exercise the following functions, powers, and duties: 156 (16) To enforce the state laws and rules relating to: 157 (c) Registration, labeling, inspection, sale, use, 158 composition, formulation, wholesale and retail distribution, and 159 analysis of commercial stock feeds and registration, labeling, 160 inspection, and analysis of commercial fertilizers; 161 162 In order to ensure uniform health and safety standards, the 163 adoption of standards and fines in the subject areas of 164 paragraphs (a)-(n) is expressly preempted to the state and the 165 department. Any local government enforcing the subject areas of 166 paragraphs (a)-(n) must use the standards and fines set forth in 167 the pertinent statutes or any rules adopted by the department 168 pursuant to those statutes. 169 Section 5. Paragraph (g) is added to subsection (2) of 170 section 580.036, Florida Statutes, to read: 171 580.036 Powers and duties.— 172 (2) The department is authorized to adopt rules pursuant to 173 ss. 120.536(1) and 120.54 to enforce the provisions of this 174 chapter. These rules shall be consistent with the rules and 175 standards of the United States Food and Drug Administration and 176 the United States Department of Agriculture, when applicable, 177 and shall include: 178 (g) Establishing standards for the sale, use, and 179 distribution of commercial feed or feedstuff to ensure usage 180 that is consistent with animal health, safety, and welfare and, 181 to the extent that meat, poultry, and other animal products may 182 be affected by commercial feed or feedstuff, with the safety of 183 these products for human consumption. Such standards, if 184 adopted, must be developed in consultation with the Commercial 185 Feed Technical Council created under s. 580.151. 186 Section 6. Effective October 1, 2012, section 810.127, 187 Florida Statutes, is created to read: 188 810.127 Unauthorized entry and use of recording device on 189 farm; penalties.— 190 (1) As used in this section, the term: 191 (a) “Audio or video recording function” means the 192 capability of a camera, an audio or video recorder, or any other 193 device to record, store, transfer, broadcast, or transmit sound 194 or images by means of any technology now known or later 195 developed, regardless of the recording media or format, 196 including, but not limited to, photographs or film; magnetic 197 storage, including audio cassette tapes, videocassette tapes, 198 hard disk drives, and floppy disk drives; flash memory, 199 including memory cards, flash drives, and solid state drives; 200 optical disc storage media, including compact discs, digital 201 versatile discs, and blu-ray discs; streaming media; and any 202 other electrical, magnetic, optical, or form of data storage. 203 (b) “Farm” has the same meaning as provided in s. 823.14. 204 For purposes of this section, the term also includes any other 205 land upon which a legal farm operation is being conducted and 206 upon which farm products are being produced. 207 (c) “Farm operation” has the same meaning as provided in s. 208 823.14. 209 (d) “Farm product” has the same meaning as provided in s. 210 823.14. 211 (2) A person may not knowingly enter upon any nonpublic 212 area of a farm and, without the prior written consent of the 213 farm’s owner or the owner’s authorized representative, operate 214 the audio or video recording function of any device with the 215 intent of recording sound or images of the farm or farm 216 operation. 217 (3) This section does not apply to: 218 (a) An employee or agent of the Department of Agriculture 219 and Consumer Services acting under s. 570.15. 220 (b) An employee or agent of the Department of Business and 221 Professional Regulation acting under chapter 450. 222 (c) A law enforcement officer conducting a lawful 223 inspection or investigation. 224 (d) Any other government employee conducting official 225 regulatory business. 226 (e) An engineer or his or her agent or employee acting 227 under s. 471.027. 228 (f) A land surveyor and mapper or his or her subordinate, 229 agent, or employee, as necessary for conducting any activity 230 under chapter 472. 231 (g) A person acting on behalf of an insurer for inspection, 232 underwriting, or claims purposes. 233 (4) A person who violates this section commits a 234 misdemeanor of the first degree, punishable as provided in s. 235 775.082 or s. 775.083. 236 Section 7. Except as otherwise expressly provided in this 237 act, this act shall take effect July 1, 2012.