The purpose of this rulemaking is to adopt rules for the Agricultural Land Acknowledgment Act, Section 163.3163, Florida Statutes, which was created by Section 2 of Chapter 2011-007, Laws of Florida, (HB 7103). The Department of Agriculture and ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Administration

RULE NOS.:RULE TITLES:
5A-17.001Definitions
5A-17.002Acknowledgment Requirements
5A-17.003Form
PURPOSE AND EFFECT: The purpose of this rulemaking is to adopt rules for the Agricultural Land Acknowledgment Act, Section 163.3163, Florida Statutes, which was created by Section 2 of Chapter 2011-007, Laws of Florida, (HB 7103). The Department of Agriculture and Consumer Services, in cooperation with the Department of Revenue, was delegated authority to adopt rules to administer the Act. The Department received several requests for rulemaking to ensure common application of the Act across the state and worked with interested parties to draft the proposed rules.
SUMMARY: The proposed rules provide definitions, procedural and formatting requirements for written acknowledgments required by the Agricultural Land Acknowledgment Act, Section 163.3163, Florida Statutes.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Department’s economic analysis of the adverse impact or potential regulatory costs of the proposed rule did not exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes. As part of this analysis, the Department contacted interested individuals representing public and private entities and requested examples of potential regulatory costs that may result from the proposed rules and no costs were identified. Additionally, no interested party submitted additional information regarding the economic impact.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 163.3163(4)(c), 570.07(23) FS.
LAW IMPLEMENTED: 163.3163 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Steven Hall, Senior Attorney, Department of Agriculture and Consumer Services by email at “[e-mail]” or by phone [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

5A-17.001 Definitions.

The definitions contained in Section 163.3163, Florida Statutes, and the following shall apply:

(1) Act – means Section 163.3163, Florida Statutes, the Agricultural Land Acknowledgement Act.

(2) Local land use permit – means Development Permit as defined in Section 163.3164 (16), Florida Statutes.

(3) Legal Description of Contiguous Sustainable Agricultural Land - means the property appraiser’s parcel identification number or a description of land for use in legal instruments for conveyance of property rights.

(4) Legal Description of Nonagricultural Land Contiguous to Sustainable Agricultural land- means a description of land for use in legal instruments for conveyance of property rights.

Rulemaking Authority 163.3163, 570.07(23) FS. Law Implemented 163.3163 FS. History–New                  .

5A-17.002 Acknowledgment Requirements.

(1) The written acknowledgement required by the Act must be submitted by the applicant to the political subdivision before issuance of a local land use permit, building permit, or certificate of occupancy.

(2) The applicant shall be responsible for recording the required acknowledgement pursuant to the Act.

(3) If an acknowledgement required by the Act was previously recorded, that includes the applicant’s property, a subsequent acknowledgement is not required and the requirements of the Act are satisfied.

Rulemaking Authority 163.3163, 570.07(23) FS. Law Implemented 163.3163 FS. History–New                  .

5A-17.003  Form.

The written acknowledgment required by the Act shall be in the following form:

ACKNOWLEDGEMENT OF CONTIGUOUS SUSTAINABLE AGRICULTURAL LAND

I,   (name of applicant)  , understand that my property located at (address of nonagricultural land), as further described in the attached legal description, is contiguous to sustainable agricultural land located at (address of agricultural land), as further described in the attached legal description.

I acknowledge and understand that the farm operation on the contiguous sustainable agricultural land identified herein will be conducted according to generally accepted agricultural practices as provided in the Florida Right to Farm Act, Section 823.14, Florida Statutes.

                                        Signature:   (signature of applicant) 

                                       Date:   (date)                                    

Rulemaking Authority 163.3163, 570.07(23) FS. Law Implemented 163.3163 FS. History–New                  .

NAME OF PERSON ORIGINATING PROPOSED RULE: Mike Gresham, Director, Division of Administration
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture Adam H. Putnam
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 12, 2013
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 18, 2013