Agricultural Water Policy (Florida Statutes: Title XXXV Agriculture, Horticulture, and Animal Industry; Chapter 570 Department of Agriculture and Consumer Services; Part IV; ss. 570.916-570.94)

Under Florida law, an agritourism operator is not liable for injury or death of, or damage or loss to, a participant in an agritourism activity conducted at this agritourism location if such injury, death, damage, or loss results from the inherent risks of the agritourism activity. Inherent risks of agritourism activities include, among others, risks of injury inherent to land, equipment, and animals, as well as the potential for you to act in a negligent manner that may contribute to your injury, death, damage, or loss. You are assuming the risk of participating in this agritourism activity. (3) Failure to comply with this section prevents an agritourism operator, his or her employer or employee, or the owner of the underlying land on which the agritourism occurs from invoking the privileges of immunity provided by this section. History.—s. 4, ch. 2013-179; s. 130, ch. 2014-17; s. 115, ch. 2014-150. Note.—Former s. 570.964. PART IV AGRICULTURAL WATER POLICY 570.916 Water supply agreements; department negotiation. 570.921 Environmental Stewardship Certification Program. 570.93 Department of Agriculture and Consumer Services; agricultural water conservation and agricultural water supply planning. 570.94 Best management practices for wildlife. 570.916 Water supply agreements; department negotiation.—The Department of Agriculture and Consumer Services is authorized to negotiate agreements with landowners for water supply in rural areas, provided that: (1) The water to be supplied is currently available to property owned or controlled by the department; and (2) The intended use and quantity are not inconsistent with any permit required under part II of chapter 373 for the source of supply in effect at the time of the agreement. History.—s. 37, ch. 2000-308; s. 65, ch. 2014-150. Note.—Former s. 570.075. 570.921 Environmental Stewardship Certification Program.—The department may establish the Environmental Stewardship Certification Program consistent with this section. (1) The program must: (a) Be integrated, to the maximum extent practicable, with programs that are sponsored by agricultural organizations or state universities. (b) Be designed to recognize and promote agricultural operations or homeowner practices that demonstrate exemplary resource management that is related to environmental stewardship. (c) Include a process to periodically review a certification to ensure compliance with the program requirements, including implementation by the certificateholder. (d) Require periodic continuing education in relevant environmental stewardship issues in order to maintain certification. (2) The department shall provide an agricultural certification under this program for implementation of one or more of the following criteria: (a) A voluntary agreement between an agency and an agricultural producer for environmental improvement or water-resource protection. (b) A conservation plan that meets or exceeds the requirements of the United States Department of Agriculture. (c) Best management practices adopted pursuant to s. 403.067(7)(c) or s. 570.93(1)(b). (3) The Soil and Water Conservation Council created by s. 582.06 may develop and recommend to the department for adoption additional criteria for receipt of an agricultural certification which may include, but not be limited to: (a) Comprehensive management of all on-farm resources. https://www.flsenate.gov/Laws/Statutes/2018/Chapter570/PART IV/ (b) Promotion of environmental awareness and responsible resource stewardship in agricultural or urban communities. (c) Completion of a curriculum of study that is related to environmental issues and regulation. (4) If needed, the department and the Institute of Food and Agricultural Sciences at the University of Florida may jointly develop a curriculum that provides instruction concerning environmental issues pertinent to agricultural certification and deliver such curriculum to, and certify its completion by, any person seeking certification or to maintain certification. (5) The department may enter into agreements with third-party providers to administer or implement all or part of the program. History.—s. 15, ch. 2005-210; s. 68, ch. 2006-1; s. 4, ch. 2013-177; s. 66, ch. 2014-150; s. 3, ch. 2016-9. Note.—Former s. 570.076. 570.93 Department of Agriculture and Consumer Services; agricultural water conservation and agricultural water supply planning.— (1) The department shall establish an agricultural water conservation program that includes the following: (a) A cost-share program, coordinated where appropriate with the United States Department of Agriculture and other federal, state, regional, and local agencies, for irrigation system retrofit and application of mobile irrigation laboratory evaluations for water conservation as provided in this section and, where applicable, for water quality improvement pursuant to s. 403.067(7)(c). (b) The development and implementation of voluntary interim measures or best management practices, adopted by rule, which provide for increased efficiencies in the use and management of water for agricultural production. In the process of developing and adopting rules for interim measures or best management practices, the department shall consult with the Department of Environmental Protection and the water management districts. Such rules may also include a system to assure the implementation of the practices, including recordkeeping requirements. As new information regarding efficient agricultural water use and management becomes available, the department shall reevaluate and revise as needed, the interim measures or best management practices. The interim measures or best management practices may include irrigation retrofit, implementation of mobile irrigation laboratory evaluations and recommendations, water resource augmentation, and integrated water management systems for drought management and flood control and should, to the maximum extent practicable, be designed to qualify for regulatory incentives and other incentives, as determined by the agency having applicable statutory authority. (c) Provision of assistance to the water management districts in the development and implementation of a consistent, to the extent practicable, methodology for the efficient allocation of water for agricultural irrigation. (2) The department shall establish an agricultural water supply planning program that includes the following: (a) The development of data indicative of future agricultural water supply demands which must be: 1. Based on at least a 20-year planning period. 2. Provided to each water management district. 3. Considered by each water management district in accordance with ss. 373.036(2) and 373.709(2)(a)1.b. (b) The data on future agricultural water supply demands which are provided to each district must include, but need not be limited to: 1. Applicable agricultural crop types or categories. 2. Historic estimates of irrigated acreage, current estimates of irrigated acreage, and future projections of irrigated acreage for each applicable crop type or category, spatially for each county, including the historic and current methods and assumptions used to generate the spatial acreage estimates and projections. 3. Crop type or category water use coefficients for a 1-in-10 year drought and average year used in calculating historic and current water demands and projected future water demands, including data, methods, and assumptions used to generate the coefficients. Estimates of historic and current water demands must take into account actual metered data as available. Projected future water demands must incorporate appropriate potential water conservation factors based upon data collected as part of the department’s agricultural water conservation program pursuant to subsection (1). 4. An evaluation of significant uncertainties affecting agricultural production which may require a range of projections for future agricultural water supply demands. (c) In developing the data on future agricultural water supply needs described in paragraph (b), the department shall consult with the agricultural industry, the University of Florida Institute of Food and Agricultural Sciences, the Department of Environmental Protection, the water management districts, the National Agricultural Statistics Service, and the United States Geological Survey. (d) The department shall coordinate with each water management district to establish a schedule for provision of data on agricultural water supply needs in order to comply with water supply planning provisions in ss. 373.036(2) and 373.709(2)(a)1.b. History.—s. 56, ch. 2001-279; s. 8, ch. 2005-166; s. 15, ch. 2005-291; s. 5, ch. 2013-177; s. 67, ch. 2014-150. Note.—Former s. 570.085. 570.94 Best management practices for wildlife.—The department and the Fish and Wildlife Conservation Commission recognize that agriculture provides a valuable benefit to the conservation and management of fish and wildlife in the state and agree to enter into a memorandum of agreement to develop and adopt by rule voluntary best management practices for the state’s agriculture industry which reflect the industry’s existing contribution to the conservation and management of freshwater aquatic life and wild animal life in the state. (1) The department shall enter into a memorandum of agreement with the Fish and Wildlife Conservation Commission for the purpose of developing the best management practices pursuant to this section and applying such best management practices on agricultural lands within the state. The agreement may allow for selected pilot projects in order to be�er facilitate the development of the best management practices. (2) The department may adopt rules establishing the best management practices pursuant to this section. The rules must include provisions for a notice of intent to implement the best management practices and a system to assure the implementation of the best management practices, including recordkeeping requirements. (3) Notwithstanding any other provision of law, including s. 163.3162, the implementation of the best management practices pursuant to this section is voluntary and except as specifically provided under this section and s. 9, Art. IV of the State Constitution, an agency, department, district, or unit of local government may not adopt or enforce any ordinance, resolution, regulation, rule, or policy regarding the best management practices on land classified as agricultural land pursuant to s. 193.461. History.—s. 10, ch. 2013-226; s. 68, ch. 2014-150. Note.—Former s. 570.087. PART V PENALTIES 570.971 Penalties; administrative and civil. 570.971 Penalties; administrative and civil.— (1) The department or enforcing authority may impose the following fine amount for the class category specified in the chapter or section of law violated: (a) Class I.—For each violation in the Class I category, a fine not to exceed $1,000 may be imposed. (b) Class II.—For each violation in the Class II category, a fine not to exceed $5,000 may be imposed. (c) Class III.—For each violation in the Class III category, a fine not to exceed $10,000 may be imposed. (d) Class IV.—For each violation in the Class IV category, a fine of $10,000 or more may be imposed. (2)(a) This section does not supersede a chapter or section of law or rule that limits the total fine amount that may be imposed for a violation. (b) The class categories under this section also apply to penalties provided by rule. (c) The penalties under this section are in addition to any other remedy provided by law. (3) A person who violates this chapter or any rule adopted under this chapter is subject to an administrative or civil fine in the Class II category in addition to any other penalty provided by law. https://www.flsenate.gov/Laws/Statutes/2018/Chapter570/PART V/