| 1 | Representative Poppell offered the following: |
| 2 |
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| 3 | Substitute Amendment for Amendment (863443) (with title |
| 4 | amendment) |
| 5 | Remove everything after the enacting clause and insert: |
| 6 | Section 1. Subsection (4) of section 163.3162, Florida |
| 7 | Statutes, is amended to read: |
| 8 | 163.3162 Agricultural Lands and Practices Act.-- |
| 9 | (4) DUPLICATION OF REGULATION.--Except as otherwise |
| 10 | provided in this section and s. 487.051(2), and notwithstanding |
| 11 | any other law, including any provision of chapter 125 or this |
| 12 | chapter, a county may not exercise any of its powers to adopt or |
| 13 | enforce any ordinance, resolution, regulation, rule, or policy |
| 14 | to prohibit, restrict, regulate, or otherwise limit an activity |
| 15 | of a bona fide farm operation on land classified as agricultural |
| 16 | land pursuant to s. 193.461, if such activity is regulated |
| 17 | through implemented best management practices, interim measures, |
| 18 | or regulations adopted as rules under chapter 120 developed by |
| 19 | the Department of Environmental Protection, the Department of |
| 20 | Agriculture and Consumer Services, or a water management |
| 21 | district and adopted under chapter 120 as part of a statewide or |
| 22 | regional program; or if such activity is expressly regulated by |
| 23 | the United States Department of Agriculture, the United States |
| 24 | Army Corps of Engineers, or the United States Environmental |
| 25 | Protection Agency. A county may not charge an assessment or fee |
| 26 | for stormwater management on a bona fide farm operation on land |
| 27 | classified as agricultural land pursuant to s. 193.461, if the |
| 28 | farm operation has a National Pollutant Discharge Elimination |
| 29 | System permit, environmental resource permit, or works-of-the- |
| 30 | district permit or implements best management practices adopted |
| 31 | as rules under chapter 120 by the Department of Environmental |
| 32 | Protection, the Department of Agriculture and Consumer Services, |
| 33 | or a water management district as part of a statewide or |
| 34 | regional program. However, this subsection does not prohibit a |
| 35 | county from charging an assessment or fee for stormwater |
| 36 | management on a bona fide farm operation that does not have a |
| 37 | National Pollutant Discharge Elimination System permit, |
| 38 | environmental resource permit, or works-of-the-district permit, |
| 39 | or has not implemented water quality and quantity best- |
| 40 | management practices as described in this subsection. For those |
| 41 | counties that, before March 1, 2009, adopted a stormwater |
| 42 | utility ordinance, resolution, or municipal services benefit |
| 43 | unit or, before March 1, 2009, adopted a resolution stating its |
| 44 | intent to use the uniform method of collection pursuant to s. |
| 45 | 197.3632 for such stormwater ordinances, the county may continue |
| 46 | to charge an assessment or fee for stormwater management on a |
| 47 | bona fide farm operation on land classified as agricultural |
| 48 | pursuant to s. 193.461 if the ordinance provides credits against |
| 49 | the assessment or fee on a bona fide farm operation for the |
| 50 | implementation of best-management practices adopted as rules |
| 51 | under chapter 120 by the Department of Environmental Protection, |
| 52 | the Department of Agriculture and Consumer Services, or a water |
| 53 | management district as part of a statewide or regional program, |
| 54 | or stormwater quality and quantity measures required as part of |
| 55 | a National Pollutant Discharge Elimination System permit, |
| 56 | environmental resource permit, or works-of-the-district permit |
| 57 | or implementation of best-management practices or alternative |
| 58 | measures which the landowner demonstrates to the county to be of |
| 59 | equivalent or greater stormwater benefit than those provided by |
| 60 | implementation of best-management practices adopted as rules |
| 61 | under chapter 120 by the Department of Environmental Protection, |
| 62 | the Department of Agriculture and Consumer Services, or a water |
| 63 | management district as part of a statewide or regional program, |
| 64 | or stormwater quality and quantity measures required as part of |
| 65 | a National Pollutant Discharge Elimination System permit, |
| 66 | environmental resource permit, or works-of-the-district permit. |
| 67 | (a) When an activity of a farm operation takes place |
| 68 | within a wellfield protection area as defined in any wellfield |
| 69 | protection ordinance adopted by a county, and the implemented |
| 70 | best management practice, regulation, or interim measure does |
| 71 | not specifically address wellfield protection, a county may |
| 72 | regulate that activity pursuant to such ordinance. This |
| 73 | subsection does not limit the powers and duties provided for in |
| 74 | s. 373.4592 or limit the powers and duties of any county to |
| 75 | address an emergency as provided for in chapter 252. |
| 76 | (b) This subsection may not be construed to permit an |
| 77 | existing farm operation to change to a more excessive farm |
| 78 | operation with regard to traffic, noise, odor, dust, or fumes |
| 79 | where the existing farm operation is adjacent to an established |
| 80 | homestead or business on March 15, 1982. |
| 81 | (c) This subsection does not limit the powers of a |
| 82 | predominantly urbanized county with a population greater than |
| 83 | 1,500,000 and more than 25 municipalities, not operating under a |
| 84 | home rule charter adopted pursuant to ss. 10, 11, and 24, Art. |
| 85 | VIII of the Constitution of 1885, as preserved by s. 6(e), Art. |
| 86 | VIII of the Constitution of 1968, which has a delegated |
| 87 | pollution control program under s. 403.182 and includes drainage |
| 88 | basins that are part of the Everglades Stormwater Program, to |
| 89 | enact ordinances, regulations, or other measures to comply with |
| 90 | the provisions of s. 373.4592, or which are necessary to |
| 91 | carrying out a county's duties pursuant to the terms and |
| 92 | conditions of any environmental program delegated to the county |
| 93 | by agreement with a state agency. |
| 94 | (d) For purposes of this subsection, a county ordinance |
| 95 | that regulates the transportation or land application of |
| 96 | domestic wastewater residuals or other forms of sewage sludge |
| 97 | shall not be deemed to be duplication of regulation. |
| 98 | (e) This subsection does not limit a county's powers to: |
| 99 | 1. Enforce its wetlands and springs protection ordinances, |
| 100 | regulations, or rules adopted before January 1, 2009. |
| 101 | 2. Implement the requirements of parts II and III of |
| 102 | chapter 369 pertaining to the Wekiva River Protection Area. |
| 103 | 3. Enforce ordinances, regulations, or rules as provided |
| 104 | by law or implemented consistent with the requirements of a |
| 105 | program operated under a delegation agreement from a state |
| 106 | agency or water management district. |
| 107 | |
| 108 | As used in this paragraph, the term "wetlands" has the same |
| 109 | meaning as defined in s. 373.019. |
| 110 | Section 2. Section 163.3163, Florida Statutes, is created |
| 111 | to read: |
| 112 | 163.3163 Applications for development permits; disclosure |
| 113 | and acknowledgement of neighboring agricultural land.-- |
| 114 | (1) This section may be cited as the "Agricultural Land |
| 115 | Acknowledgement Act." |
| 116 | (2) The Legislature finds that nonagricultural land which |
| 117 | neighbors agricultural land may adversely affect agricultural |
| 118 | production and farm operations on the agricultural land and may |
| 119 | lead to the agricultural land's conversion to urban, suburban, |
| 120 | or other nonagricultural uses. The Legislature intends to |
| 121 | preserve and encourage agricultural land use and to reduce the |
| 122 | occurrence of conflicts between agricultural and nonagricultural |
| 123 | land uses. The purpose of this section is to ensure that |
| 124 | generally accepted agricultural practices will not be subject to |
| 125 | interference by residential use of land contiguous to |
| 126 | agricultural land. |
| 127 | (3) As used in this section, the term: |
| 128 | (a) "Agricultural land" means land classified as |
| 129 | agricultural land pursuant to s. 193.461. |
| 130 | (b) "Contiguous" means touching, bordering, or adjoining |
| 131 | along a boundary. For purposes of this section, properties that |
| 132 | would be contiguous if not separated by a roadway, railroad, or |
| 133 | other public easement are considered contiguous. |
| 134 | (c) "Farm operation" has the same meaning as defined in s. |
| 135 | 823.14. |
| 136 | (4)(a) Before a political subdivision issues a local land |
| 137 | use permit, building permit, or certificate of occupancy for |
| 138 | nonagricultural land contiguous to agricultural land, the |
| 139 | political subdivision shall require that, as a condition of |
| 140 | issuing the permit or certificate, the applicant for the permit |
| 141 | or certificate sign and submit to the political subdivision, in |
| 142 | a format that is recordable in the official records of the |
| 143 | county in which the political subdivision is located, a written |
| 144 | acknowledgement of contiguous agricultural land in the following |
| 145 | form: |
| 146 |
|
| 147 | ACKNOWLEDGEMENT OF CONTIGUOUS AGRICULTURAL LAND |
| 148 |
|
| 149 | I, ...(name of applicant)..., understand that my property |
| 150 | located at ...(address of nonagricultural land)..., as |
| 151 | further described in the attached legal description, is |
| 152 | contiguous to agricultural land located at ...(address of |
| 153 | agricultural land)..., as further described in the |
| 154 | attached legal description. |
| 155 | I acknowledge and understand that the farm operation |
| 156 | on the contiguous agricultural land identified herein will |
| 157 | be conducted according to generally accepted agricultural |
| 158 | practices as provided in the Florida Right to Farm Act, s. |
| 159 | 823.14, Florida Statutes. |
| 160 | Signature: ...(signature of applicant).... |
| 161 | Date: ...(date).... |
| 162 |
|
| 163 | (b) An acknowledgement submitted to a political |
| 164 | subdivision under paragraph (a) shall be recorded in the |
| 165 | official records of the county in which the political |
| 166 | subdivision is located. |
| 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, except for code provisions implementing local, state, or |
| 174 | federal floodplain management regulations. For purposes of this |
| 175 | section, the term "nonresidential farm building" means any |
| 176 | building or support structure that is used for agricultural |
| 177 | purposes, is located on a farm that is not used as a residential |
| 178 | dwelling, and is located on land that is an integral part of a |
| 179 | farm operation or is classified as agricultural land under s. |
| 180 | 193.461. The term "farm" is as defined in s. 823.14. |
| 181 | Section 4. This act shall take effect July 1, 2009. |
| 182 |
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| 183 | ----------------------------------------------------- |
| 184 | T I T L E A M E N D M E N T |
| 185 | Remove the entire title and insert: |
| 186 | A bill to be entitled |
| 187 | An act relating to agriculture; amending s. 163.3162, |
| 188 | F.S.; prohibiting a county from enforcing certain limits |
| 189 | on the activity of a bona fide farm operation on |
| 190 | agricultural land under certain circumstances; prohibiting |
| 191 | a county from charging agricultural lands for stormwater |
| 192 | management assessments and fees under certain |
| 193 | circumstances; allowing an assessment to be collected if |
| 194 | credits against the assessment are provided for |
| 195 | implementation of best-management practices; providing |
| 196 | exemptions from certain restrictions on a county's powers |
| 197 | over the activity on agricultural land; providing a |
| 198 | definition; creating s. 163.3163, F.S.; creating the |
| 199 | "Agricultural Land Acknowledgement Act"; providing |
| 200 | legislative findings and intent; providing definitions; |
| 201 | requiring an applicant for certain development permits to |
| 202 | sign and submit an acknowledgement of contiguous |
| 203 | agricultural land as a condition of the political |
| 204 | subdivision issuing the permits; specifying information to |
| 205 | be included in the acknowledgement; requiring that the |
| 206 | acknowledgement be recorded in the official county |
| 207 | records; amending s. 604.50, F.S.; exempting farm fences |
| 208 | from the Florida Building Code; exempting nonresidential |
| 209 | farm buildings and farm fences from county and municipal |
| 210 | codes and fees; specifying that the exemptions do not |
| 211 | apply to code provisions implementing certain floodplain |
| 212 | regulations; providing an effective date. |