Florida agriculture: still in the crosshairs.

• Author: Crispin, William K.
• Position: General Practice, Solo and Small Firm

A November 1995 Florida Bar Journal article, "Florida Agriculture: In the Crosshairs," (1) stressed the need of conveying the importance of Florida agriculture if agriculture is to maintain its prominent position in the state's economy. As in 1995, agriculture is today a top-tier Florida industry that brings billions to the state and puts food on the nation's table. This viable economic engine is especially critical in the current economic crisis. Agriculture has fared well over the years, yet continues to face challenges. To meet those challenges, it must heed the same advice addressed in 1995. Agriculture must sell not only its essential commodities, but also the story of its importance to Florida's economy and natural resource base.

Agriculture is a thriving and essential component of the Florida economy with its $87.6 billion impact topped only by that of the state tourism industry. (2) Florida is home to 47,500 commercial farms covering 9.25 million acres (3) and with an employment impact of 763,000 jobs. (4) Through F.S. [section]604.001 (2010), the legislature has declared state policy "to achieve and maintain the production of agricultural commodities for food and fiber as an essential element for the survival of mankind." Noting the necessity of efficient and profitable use of natural resources (5) and the difficulty of achieving such use, (6) the legislature further declared that problems should not be created "by laws and regulations that cause, or tend to cause, agricultural production to become inefficient or unprofitable." (7) When problems have occurred, the legislature asserted that it has "been due primarily to a lack of adequate and informed consideration of the adverse impacts ... on efficient and profitable" agriculture. (8)

Though direct in its aspirations, this policy has been, and must be, weighed alongside the various regulatory policies aimed at protecting the state's natural resources. One of the most important of these is the regulatory framework set up through the 1972 enactment of the Clean Water Act, 33 U.S.C. [section][section]1251-1387 (2006) (CWA). Much CWA implementation in Florida is done through the state's five water management districts, established by the Florida Water Resources Act of 1972 (FWRA). (9) The water management districts are Florida's primary instruments for water management. They retain such powers as surface water management and management of the consumptive use of water. (10) Additionally, the districts are empowered to use eminent domain (11) and have done so on numerous occasions. (12) Water management is critical for both the agricultural and natural resource base. Both bases are dependent upon water stewardship, and both share a symbiotic relationship in the management of Florida waters.

Agriculture is the last natural resource-based industry to circumvent arduous environmental regulation. For example, the industry enjoys broad exemptions from the permitting mandates of the CWA. (13) These exemptions, though controversial in some circles, have helped agriculture maintain its vibrancy. When enacted by the 92nd Congress, the CWA focused primarily on the issues raised by point source pollution with only subsidiary focus on non-point source pollution. As many of the point source challenges have been met, greater emphasis has focused on non-point source pollution, a problem in which agriculture plays no small part. CWA-authorized programs aimed at reducing non-point source pollution, such as Florida's development and implementation of best management practices (BMPs) and total maximum daily loads (TMDLs), necessarily implicate Florida's farming practices. In 1995, the year of the original "In the Crosshairs" article, Florida's Department of Agricultural and Consumer Services established the Office of Agricultural Water Policy. (14) In the years since, this office has developed and maintained a critical role in addressing non-point source pollution. The office has taken a proactive approach in implementing BMPs through credible scientific research and partnering with farmers and ranchers throughout Florida.

The 1995 article listed a sample of exceptional economic statistics coming from the state's agricultural sector. Today, Florida continues to rank as one of the most agriculturally prolific states in the nation, both in value and diversity of production:

* Florida continues to lead the nation in value of production of oranges, grapefruit, snapbeans, watermelons, and sweet corn. The state leads in value of production of fresh market tomatoes, fresh market cucumbers, and sugarcane for sugar and seed, and has moved to number one in value of production of squash. (15)

* Florida is second in value of production of pickling cucumbers, bell peppers, strawberries, and tangerines. The state ranks fourth in value of production of honey. (16)

* Florida's orange production accounts for 63 percent of the total national value of production, bringing the state $1.4 billion annually. Florida grapefruits comprise 55 percent of the market and bring home $153 million. Snapbeans comprise 43 percent of the market...