SENATE AMENDMENT

    Bill No. CS for SB 2066

    Amendment No.    

                            CHAMBER ACTION
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11  Senator Thomas moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 24, lines 9-15, delete those lines

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16  and insert:

17         Section 25.  Subsection (2) of section 823.14, Florida

18  Statutes, is amended. Paragraph (c) of subsection (3) of

19  section 823.14, Florida Statutes is amended. Paragraphs (c)

20  and (d) are added to subsection (4) of said section, to read:

21         823.14  Florida Right to Farm Act.--

22         (2)  LEGISLATIVE FINDINGS AND PURPOSE.--

23         (a)  The Legislature finds that agricultural production

24  is a major contributor to the economy of the state; that

25  agricultural lands constitute unique and irreplaceable

26  resources of statewide importance; that the continuation of

27  agricultural activities preserves the landscape and

28  environmental resources of the state, contributes to the

29  increase of tourism, and furthers the economic

30  self-sufficiency of the people of the state; and that the

31  encouragement, development, improvement, and preservation of

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2066

    Amendment No.    





 1  agriculture will result in a general benefit to the health and

 2  welfare of the people of the state.  The Legislature further

 3  finds that agricultural activities conducted on farm land in

 4  urbanizing areas are potentially subject to lawsuits based on

 5  the theory of nuisance and that these suits encourage and even

 6  force the premature removal of the farm land from agricultural

 7  use.  It is the purpose of this act to protect reasonable

 8  agricultural activities conducted on farm land from nuisance

 9  suits.

10         (b)  The Legislature finds that animal husbandry

11  contributes no less than twenty percent to the agriculture

12  industry.  The Legislature also finds that exposure of

13  livestock to continuous sound, particularly that of music, is

14  beneficial to agriculture.  It allows livestock to become

15  accustomed to people and a variety of sounds.  In turn, this

16  makes the animals less inclined to negative stress reactions

17  at the time of being moved or otherwise handled by people.

18  The Legislature further finds that providing music to

19  livestock is a common practice among farmers that results in

20  healthier animals, producing a finer product.

21         (3)  DEFINITIONS.--As used in this section:

22         (c)  "Farm product" means any plant, as defined in s.

23  581.011, or animal useful to humans and includes, but is not

24  limited to, any product derived therefrom.

25         (4)  FARM OPERATION NOT TO BE OR BECOME A NUISANCE.--

26         (c)  Except as expressly provided by general law, the

27  Legislature hereby declares that it is occupying the whole

28  field of regulation of nuisances resulting from the noise of

29  commercial raising of livestock, to the exclusion of all

30  existing and future county, city, town, or municipal

31  ordinances or regulations relating thereto.  Any such existing

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    5:59 PM   04/23/99                               s2066.ag03.06




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2066

    Amendment No.    





 1  ordinances are hereby declared null and void.  This paragraph

 2  shall not affect zoning ordinances which encompass commercial

 3  agriculture.  Zoning ordinances which are designed for the

 4  purpose of restricting the noise from commercial raising of

 5  livestock are in conflict with this paragraph and are

 6  prohibited.

 7         (d)  No commercial farm operation in this state

 8  involving the raising of livestock shall be limited in any way

 9  from using amplified sounds designed to enhance animal

10  husbandry, including music intended to make animals less

11  inclined to negative stress reactions; provided, however, that

12  no person shall be required to be subjected to amplified

13  sounds of 85 decibels or louder for a continuous 8-hour

14  period.

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17  ================ T I T L E   A M E N D M E N T ===============

18  And the title is amended as follows:

19         On page 3, line 24, after the semicolon

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21  and insert:

22         providing legislative findings regarding the

23         effect of music on animal husbandry; preempting

24         nuisance from noise from raising livestock to

25         the state; providing findings; establishing

26         certain sound limits;

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