HB 1133

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 limits
4	on the activity of a bona fide farm operation on
5	agricultural land under certain circumstances; prohibiting
6	a county from charging agricultural lands for stormwater
7	management assessments and fees under certain
8	circumstances; exempting certain wetland protection
9	ordinances, regulations, and rules adopted before a
10	specified date from provisions restricting a county's
11	powers over the activity on agricultural land; creating s.
12	163.3163, F.S.; creating the "Agricultural Nuisance Claim
13	Waiver Act"; providing a short title; providing
14	legislative findings and intent; defining the terms
15	"agricultural land" and "farm operation"; requiring an
16	applicant for certain development permits to sign and
17	submit to a political subdivision a waiver of certain
18	nuisance claims against neighboring agricultural land as a
19	condition of the political subdivision issuing the
20	permits; specifying information to be included in the
21	waiver; providing that a waiver is a public record;
22	amending s. 604.50, F.S.; exempting farm fences from the
23	Florida Building Code; exempting nonresidential farm
24	buildings and farm fences from county and municipal codes
25	and fees; providing an effective date.
26
27	Be It Enacted by the Legislature of the State of Florida:
28
29	Section 1.  Subsection (4) of section 163.3162, Florida
30	Statutes, is amended to read:
31	163.3162  Agricultural Lands and Practices Act.--
32	(4)  DUPLICATION OF REGULATION.--Except as otherwise
33	provided in this section and s. 487.051(2), and notwithstanding
34	any other law, including any provision of chapter 125 or this
35	chapter, a county may not exercise any of its powers to adopt or
36	enforce any ordinance, resolution, regulation, rule, or policy
37	to prohibit, restrict, regulate, or otherwise limit an activity
38	of a bona fide farm operation on land classified as agricultural
39	land pursuant to s. 193.461, if such activity is regulated
40	through implemented best management practices, interim measures,
41	or regulations adopted as rules under chapter 120 developed by
42	the Department of Environmental Protection, the Department of
43	Agriculture and Consumer Services, or a water management
44	district and adopted under chapter 120 as part of a statewide or
45	regional program; or if such activity is expressly regulated by
46	the United States Department of Agriculture, the United States
47	Army Corps of Engineers, or the United States Environmental
48	Protection Agency. A county may not charge an assessment or fee
49	for stormwater management on land classified as agricultural
50	land pursuant to s. 193.461, if the farm operation has an
51	agricultural discharge permit or implements best management
52	practices adopted as rules under chapter 120 by the Department
53	of Environmental Protection, the Department of Agriculture and
54	Consumer Services, or a water management district as part of a
55	statewide or regional program, unless the county adopts an
56	ordinance that provides credit against the assessment or fee for
57	the water quality and flood control provided by the farm
58	operation through its permitted stormwater management system or
59	implementation of the best management practices.
60	(a)  When an activity of a farm operation takes place
61	within a wellfield protection area as defined in any wellfield
62	protection ordinance adopted by a county, and the implemented
63	best management practice, regulation, or interim measure does
64	not specifically address wellfield protection, a county may
65	regulate that activity pursuant to such ordinance. This
66	subsection does not limit the powers and duties provided for in
67	s. 373.4592 or limit the powers and duties of any county to
68	address an emergency as provided for in chapter 252.
69	(b)  This subsection may not be construed to permit an
70	existing farm operation to change to a more excessive farm
71	operation with regard to traffic, noise, odor, dust, or fumes
72	where the existing farm operation is adjacent to an established
73	homestead or business on March 15, 1982.
74	(c)  This subsection does not limit the powers of a
75	predominantly urbanized county with a population greater than
76	1,500,000 and more than 25 municipalities, not operating under a
77	home rule charter adopted pursuant to ss. 10, 11, and 24, Art.
78	VIII of the Constitution of 1885, as preserved by s. 6(e), Art.
79	VIII of the Constitution of 1968, which has a delegated
80	pollution control program under s. 403.182 and includes drainage
81	basins that are part of the Everglades Stormwater Program, to
82	enact ordinances, regulations, or other measures to comply with
83	the provisions of s. 373.4592, or which are necessary to
84	carrying out a county's duties pursuant to the terms and
85	conditions of any environmental program delegated to the county
86	by agreement with a state agency.
87	(d)  For purposes of this subsection, a county ordinance
88	that regulates the transportation or land application of
89	domestic wastewater residuals or other forms of sewage sludge
90	shall not be deemed to be duplication of regulation.
91	(e)  This subsection does not limit a county's powers to
92	enforce its applicable wetland protection ordinances,
93	regulations, or rules adopted before January 1, 2009.
94	Section 2.  Section 163.3163, Florida Statutes, is created
95	to read:
96	163.3163  Applications for development permits; waiver of
97	nuisance claims against neighboring agricultural land.--
98	(1)  This section may be cited as the "Agricultural
99	Nuisance Claim Waiver Act."
100	(2)  The Legislature finds that nonagricultural land which
101	neighbors agricultural land may adversely affect the
102	agricultural production and farm operations of the agricultural
103	land and may lead to the agricultural land's conversion to
104	urban, suburban, or other nonagricultural uses. The purpose of
105	this section is to give notice to an applicant for a local land
106	use permit, building permit, or certificate of occupancy for
107	nonagricultural land which neighbors agricultural land of the
108	following before issuance of the permit or certificate:
109	(a)  The state's support for preservation of agricultural
110	land and farm operations; and
111	(b)  The adverse effects of residing or operating a
112	nonagricultural business on property that neighbors agricultural
113	land and farm operations.
114	(3)  As used in this section, the term:
115	(a)  "Agricultural land" means land classified as
116	agricultural land pursuant to s. 193.461.
117	(b)  "Farm operation" has the same meaning as defined in s.
118	823.14.
119	(4)(a)  A political subdivision, before issuing a local
120	land use permit, building permit, or certificate of occupancy
121	for nonagricultural land located within 1,000 feet of
122	agricultural land, shall require that, as a condition of issuing
123	the permit or certificate, the applicant for the permit or
124	certificate must sign and submit to the political subdivision a
125	written waiver of nuisance claims against the neighboring
126	agricultural land in substantially the following form:
127
128	WAIVER OF NUISANCE CLAIMS
129	AGAINST NEIGHBORING AGRICULTURAL LAND
130
131	I, ...(name of applicant)..., understand that my property
132	located at ...(address of nonagricultural land)... is
133	located within 1,000 feet of agricultural land located at
134	...(address of agricultural land)..., which is used for
135	farm operations and may not be compatible with the
136	intended use of my property.
137	I understand that, during any 24-hour period, farm
138	operations on the agricultural land may cause adverse
139	effects which result in discomfort or inconvenience for a
140	person using my property.
141	I understand that these adverse effects may include,
142	but are not limited to, noise, odors, fumes, dust, smoke,
143	burning, vibrations, insects, rodents, or the operation of
144	machinery, including aircraft.
145	I understand that farm operations conducted according
146	to accepted customs and standards and existing laws and
147	regulations may cause these adverse effects.
148	I understand that a person who resides or operates a
149	nonagricultural business on property that neighbors
150	agricultural land should accept these adverse effects as a
151	normal and necessary aspect of residing or working in a
152	neighborhood with a strong rural character and an active
153	agricultural sector.
154	I understand, and waive any objection to, the adverse
155	effects to my property caused by farm operations on the
156	agricultural land identified in this waiver.
157	I agree not to bring any claim against the owner of
158	the agricultural land, or against ...(name of political
159	subdivision)..., which asserts that any farm operation on
160	the agricultural land is a nuisance.
161	Signature: ...(signature of applicant)....
162	Date: ...(date)....
163
164	(b)  A waiver of nuisance claims against neighboring
165	agricultural land submitted to a political subdivision under
166	paragraph (a) is a public record.
167	Section 3.  Section 604.50, Florida Statutes, is amended to
168	read:
169	604.50  Nonresidential farm buildings and farm
170	fences.--Notwithstanding any other law to the contrary, any
171	nonresidential farm building or farm fence is exempt from the
172	Florida Building Code and any county or municipal building code
173	or fee. For purposes of this section, the term "nonresidential
174	farm building" means any building or support structure that is
175	used for agricultural purposes, is located on a farm that is not
176	used as a residential dwelling, and is located on land that is
177	an integral part of a farm operation or is classified as
178	agricultural land under s. 193.461. The term "farm" is as
179	defined in s. 823.14.
180	Section 4.  This act shall take effect July 1, 2009.

CODING: Words stricken are deletions; words underlined are additions.