HOUSE AMENDMENT |
Bill No. HB 1075 CS |
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CHAMBER ACTION |
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Representative Poppell offered the following: |
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Amendment (with title amendment) |
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Remove line(s) 44-75, and insert:
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of the state. It is the purpose of this act to protect |
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reasonable agricultural activities conducted on farm lands from |
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duplicative regulation. |
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(3) DEFINITIONS.--As used in this section, the term: |
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(a) "Farm" is as defined in s. 823.14. |
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(b) "Farm operation" is as defined in s. 823.14. |
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(c) "Farm product" means any plant, as defined in s. |
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581.011, or animal useful to humans and includes, but is not |
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limited to, any product derived therefrom. |
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(4) DUPLICATION OF REGULATION.--Except as otherwise |
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provided in this section and s. 487.051(2), and notwithstanding |
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any other law, including any provision of chapter 125 or this |
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chapter, a county may not exercise any of its powers to adopt |
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any ordinance, resolution, regulation, rule, or policy to |
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prohibit, restrict, regulate, or otherwise limit an activity of |
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a bona fide farm operation on land that is an integral part of a |
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farm operation or land classified as agricultural land pursuant |
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to s. 193.461, if such activity is regulated through implemented |
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best-management practices, interim measures, or regulations |
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developed by the Department of Environmental Protection, the |
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Department of Agriculture and Consumer Services, or water |
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management districts and adopted under chapter 120 as part of a |
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statewide or regional program or if such activity is expressly |
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regulated by the United States Department of Agriculture, the |
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United States Army Corps of Engineers, or the United States |
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Environmental Protection Agency. |
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(a) When an activity of a farm operation takes place |
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within a wellfield protection area, as defined in any wellfield |
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protection ordinance adopted by a local government, and the |
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implemented best-management practice, interim measure, or |
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regulation does not specifically address wellfield protection, a |
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local government may regulate that activity pursuant to such |
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ordinance. This subsection does not limit the powers and duties |
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provided for in s. 373.4592 or limit the powers and duties of |
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any local government to address an emergency as provided for in |
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chapter 252.
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(b) This subsection may not be construed to permit an |
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existing farm operation to change to a more excessive farm |
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operation with regard to traffic, noise, odor, dust, or fumes |
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where the existing farm operation is adjacent to an established |
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homestead or business on March 15, 1982.
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(c) This subsection does not limit the powers of a |
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predominantly urbanized county with a population greater than |
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1,500,000 and more than 25 municipalities that is not operating |
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under a home rule charter adopted pursuant to ss. 10, 11, and |
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24, Art. VIII of the Constitution of 1885, as preserved by s. |
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6(e), Art. VIII of the Constitution of 1968, that has a |
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delegated pollution control program under s. 403.182, and |
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includes drainage basins that are part of the Everglades |
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Stormwater Program, to enact ordinances, regulations, or other |
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measures to comply with the provisions of s. 373.4592 or which |
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are necessary for carrying out a county’s duties pursuant to the |
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terms and conditions of any environmental program delegated to |
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the county by agreement with a state agency. |
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(d) For the purposes of this subsection, a county |
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ordinance which regulates the transportation or land application |
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of domestic wastewater residuals or other forms of sewage sludge |
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shall not be deemed a duplication of regulation. |
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================= T I T L E A M E N D M E N T ================= |
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Remove line(s) 16-25, and insert: |
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product” for purposes of the act; providing powers of certain |
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counties; prohibiting duplication of regulation; providing |
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construction; providing an effective date. |
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