HB 1075 2003
1	A bill to be entitled
2	An act relating to the use of farm lands; creating s.
3	163.3162, F.S.; providing a popular name; providing
4	legislative findings and purpose with respect to
5	agricultural activities conducted on land in urban areas;
6	defining the terms "farm," "farm operation," and "farm
7	product" for purposes of the act; prohibiting a local
8	government from adopting any ordinance, resolution,
9	regulation, rule, or policy to prohibit or otherwise limit
10	a bona fide farm or farm operation on certain land that is
11	an integral part of a farm operation or that is classified
12	as agricultural land; prohibiting a local government from
13	changing the land use classification or zoning designation
14	of such agricultural land without a written agreement from
15	the affected landowner; providing an effective date.
16
17	Be It Enacted by the Legislature of the State of Florida:
18
19	Section 1. Section 163.3162, Florida Statutes, is created
20	to read:
21	163.3162 Agricultural Lands and Practices Act.--
22	(1) POPULAR NAME.--This section shall be known by the
23	popular name the "Agricultural Lands and Practices Act."
24	(2) LEGISLATIVE FINDINGS AND PURPOSE.--The Legislature
25	finds that agricultural production is a major contributor to the
26	economy of the state; that agricultural lands constitute unique
27	and irreplaceable resources of statewide importance; that the
28	continuation of agricultural activities preserves the landscape
29	and environmental resources of the state, contributes to the
30	increase of tourism, and furthers the economic self-sufficiency
31	of the people of the state; and that the encouragement,
32	development, improvement, and preservation of agriculture will
33	result in a general benefit to the health, safety, and welfare
34	of the people of the state. The Legislature further finds that
35	agricultural activities conducted on farm land in urban areas
36	are potentially subject to restrictions imposed by local
37	governments which are duplicative, overbearing, and unnecessary
38	to protect the public from perceived harm. It is the purpose of
39	this act to protect reasonable agricultural activities conducted
40	on farm lands from duplicative regulation.
41	(3) DEFINITIONS.--As used in this section, the term:
42	(a) "Farm" is as defined in s. 823.14.
43	(b) "Farm operation" is as defined in s. 823.14.
44	(c) "Farm product" means any plant, as defined in s.
45	581.011, or animal useful to humans and includes, but is not
46	limited to, any product derived therefrom.
47	(4) DUPLICATION OF REGULATION.--Except as otherwise
48	provided in this section and s. 487.051(2), and notwithstanding
49	any other law, including any provision of chapter 125 or this
50	chapter, a local government may not exercise any of its powers
51	to adopt any ordinance, resolution, regulation, rule, or policy
52	to prohibit, restrict, regulate, or otherwise limit an activity
53	of a bona fide farm or farm operation, or deprive any owner or
54	operator of a full and complete use of lands and farm practices
55	for production of any farm product on land that is an integral
56	part of a farm operation or that is classified as agricultural
57	land pursuant to s. 193.461, if such activity is regulated
58	through best-management practices or by an existing state,
59	regional, or federal regulatory program.
60	(5) WRITTEN AGREEMENT REQUIRED.--A local government may
61	not change the land use classification or the zoning designation
62	of land that is an integral part of a farm operation or that is
63	classified as agricultural land pursuant to s. 193.461 unless it
64	receives written agreement for the change from the affected
65	landowner.
66	Section 2. This act shall take effect July 1, 2003.