| 1 | Representative Poppell offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove everything after the enacting clause and insert: |
| 5 | Section 1. Subsection (4) of section 163.3162, Florida |
| 6 | Statutes, is amended to read: |
| 7 | 163.3162 Agricultural Lands and Practices Act.-- |
| 8 | (4) DUPLICATION OF REGULATION.--Except as otherwise |
| 9 | provided in this section and s. 487.051(2), and notwithstanding |
| 10 | any other law, including any provision of chapter 125 or this |
| 11 | chapter, a county may not exercise any of its powers to adopt or |
| 12 | enforce any ordinance, resolution, regulation, rule, or policy |
| 13 | to prohibit, restrict, regulate, or otherwise limit an activity |
| 14 | of a bona fide farm operation on land classified as agricultural |
| 15 | land pursuant to s. 193.461, if such activity is regulated |
| 16 | through implemented best management practices, interim measures, |
| 17 | or regulations adopted as rules under chapter 120 developed by |
| 18 | the Department of Environmental Protection, the Department of |
| 19 | Agriculture and Consumer Services, or a water management |
| 20 | district and adopted under chapter 120 as part of a statewide or |
| 21 | regional program; or if such activity is expressly regulated by |
| 22 | the United States Department of Agriculture, the United States |
| 23 | Army Corps of Engineers, or the United States Environmental |
| 24 | Protection Agency. A county may not charge an assessment or fee |
| 25 | for stormwater management on a bona fide farm operation on land |
| 26 | classified as agricultural land pursuant to s. 193.461, if the |
| 27 | farm operation has a National Pollutant Discharge Elimination |
| 28 | System permit, environmental resource permit, or works-of-the- |
| 29 | district permit or implements best management practices adopted |
| 30 | as rules under chapter 120 by the Department of Environmental |
| 31 | Protection, the Department of Agriculture and Consumer Services, |
| 32 | or a water management district as part of a statewide or |
| 33 | regional program. However, this subsection does not prohibit a |
| 34 | county from charging an assessment or fee for stormwater |
| 35 | management on a bona fide farm operation that does not have a |
| 36 | National Pollutant Discharge Elimination System permit, |
| 37 | environmental resource permit, or works-of-the-district permit, |
| 38 | or has not implemented water quality and quantity best- |
| 39 | management practices as described in this subsection. For those |
| 40 | counties that, before March 1, 2009, adopted a stormwater |
| 41 | utility ordinance, resolution, or municipal services benefit |
| 42 | unit or, before March 1, 2009, adopted a resolution stating its |
| 43 | intent to use the uniform method of collection pursuant to s. |
| 44 | 197.3632 for such stormwater ordinances, the county may continue |
| 45 | to charge an assessment or fee for stormwater management on a |
| 46 | bona fide farm operation on land classified as agricultural |
| 47 | pursuant to s. 193.461 if the ordinance provides credits against |
| 48 | the assessment or fee on a bona fide farm operation for the |
| 49 | implementation of best-management practices adopted as rules |
| 50 | under chapter 120 by the Department of Environmental Protection, |
| 51 | the Department of Agriculture and Consumer Services, or a water |
| 52 | management district as part of a statewide or regional program, |
| 53 | or stormwater quality and quantity measures required as part of |
| 54 | a National Pollutant Discharge Elimination System permit, |
| 55 | environmental resource permit, or works-of-the-district permit |
| 56 | or implementation of best-management practices or alternative |
| 57 | measures which the landowner demonstrates to the county to be of |
| 58 | equivalent or greater stormwater benefit than those provided by |
| 59 | implementation of best-management practices adopted as rules |
| 60 | under chapter 120 by the Department of Environmental Protection, |
| 61 | the Department of Agriculture and Consumer Services, or a water |
| 62 | management district as part of a statewide or regional program, |
| 63 | or stormwater quality and quantity measures required as part of |
| 64 | a National Pollutant Discharge Elimination System permit, |
| 65 | environmental resource permit, or works-of-the-district permit. |
| 66 | (a) When an activity of a farm operation takes place |
| 67 | within a wellfield protection area as defined in any wellfield |
| 68 | protection ordinance adopted by a county, and the implemented |
| 69 | best management practice, regulation, or interim measure does |
| 70 | not specifically address wellfield protection, a county may |
| 71 | regulate that activity pursuant to such ordinance. This |
| 72 | subsection does not limit the powers and duties provided for in |
| 73 | s. 373.4592 or limit the powers and duties of any county to |
| 74 | address an emergency as provided for in chapter 252. |
| 75 | (b) This subsection may not be construed to permit an |
| 76 | existing farm operation to change to a more excessive farm |
| 77 | operation with regard to traffic, noise, odor, dust, or fumes |
| 78 | where the existing farm operation is adjacent to an established |
| 79 | homestead or business on March 15, 1982. |
| 80 | (c) This subsection does not limit the powers of a |
| 81 | predominantly urbanized county with a population greater than |
| 82 | 1,500,000 and more than 25 municipalities, not operating under a |
| 83 | home rule charter adopted pursuant to ss. 10, 11, and 24, Art. |
| 84 | VIII of the Constitution of 1885, as preserved by s. 6(e), Art. |
| 85 | VIII of the Constitution of 1968, which has a delegated |
| 86 | pollution control program under s. 403.182 and includes drainage |
| 87 | basins that are part of the Everglades Stormwater Program, to |
| 88 | enact ordinances, regulations, or other measures to comply with |
| 89 | the provisions of s. 373.4592, or which are necessary to |
| 90 | carrying out a county's duties pursuant to the terms and |
| 91 | conditions of any environmental program delegated to the county |
| 92 | by agreement with a state agency. |
| 93 | (d) For purposes of this subsection, a county ordinance |
| 94 | that regulates the transportation or land application of |
| 95 | domestic wastewater residuals or other forms of sewage sludge |
| 96 | shall not be deemed to be duplication of regulation. |
| 97 | (e) This subsection does not limit a county's powers to |
| 98 | enforce its wetlands and springs protection ordinances, |
| 99 | regulations, or rules adopted before January 1, 2009. As used in |
| 100 | this section, the term "wetlands" has the same meaning as |
| 101 | defined in s. 373.019. |
| 102 | Section 2. Section 163.3163, Florida Statutes, is created |
| 103 | to read: |
| 104 | 163.3163 Applications for development permits; disclosure |
| 105 | and acknowledgement of neighboring agricultural land.-- |
| 106 | (1) This section may be cited as the "Agricultural Land |
| 107 | Acknowledgement Act." |
| 108 | (2) The Legislature finds that nonagricultural land which |
| 109 | neighbors agricultural land may adversely affect agricultural |
| 110 | production and farm operations on the agricultural land and may |
| 111 | lead to the agricultural land's conversion to urban, suburban, |
| 112 | or other nonagricultural uses. The Legislature intends to |
| 113 | preserve and encourage agricultural land use and to reduce the |
| 114 | occurrence of conflicts between agricultural and nonagricultural |
| 115 | land uses. The purpose of this section is to give notice to a |
| 116 | residential land purchaser before the contract for sale, or to |
| 117 | an applicant for a local land use permit, building permit, or |
| 118 | certificate of occupancy before issuance of a permit or |
| 119 | certificate, that the land neighbors agricultural land and that |
| 120 | certain generally accepted agricultural practices will take |
| 121 | place. |
| 122 | (3) As used in this section, the term: |
| 123 | (a) "Agricultural land" means land classified as |
| 124 | agricultural land pursuant to s. 193.461. |
| 125 | (b) "Contiguous" means touching, bordering, or adjoining |
| 126 | along a boundary. For purposes of this section, properties |
| 127 | separated only by a roadway, railroad, or other public easement |
| 128 | are considered contiguous. |
| 129 | (c) "Farm operation" has the same meaning as defined in s. |
| 130 | 823.14. |
| 131 | (4)(a) Before a political subdivision issues a local land |
| 132 | use permit, building permit, or certificate of occupancy for |
| 133 | nonagricultural land contiguous to agricultural land, the |
| 134 | political subdivision shall require that, as a condition of |
| 135 | issuing the permit or certificate, the applicant for the permit |
| 136 | or certificate sign and submit to the political subdivision a |
| 137 | written acknowledgement of neighboring agricultural land in the |
| 138 | following form: |
| 139 |
|
| 140 | ACKNOWLEDGEMENT OF NEIGHBORING AGRICULTURAL LAND |
| 141 |
|
| 142 | I, ...(name of applicant)..., understand that my property |
| 143 | located at ...(address of nonagricultural land)... is |
| 144 | contiguous to agricultural land located at ...(address of |
| 145 | agricultural land).... |
| 146 | I acknowledge and understand that the farm operation |
| 147 | on the neighboring agricultural land identified herein |
| 148 | will be conducted according to generally accepted |
| 149 | agricultural practices as provided in the Florida Right to |
| 150 | Farm Act, s. 823.14, Florida Statutes. |
| 151 | Signature: ...(signature of applicant).... |
| 152 | Date: ...(date).... |
| 153 |
|
| 154 | (b) An acknowledgement submitted to a political |
| 155 | subdivision under paragraph (a) is a public record and shall be |
| 156 | maintained by the political subdivision as a permanent record. |
| 157 | Section 3. Section 604.50, Florida Statutes, is amended to |
| 158 | read: |
| 159 | 604.50 Nonresidential farm buildings and farm |
| 160 | fences.--Notwithstanding any other law to the contrary, any |
| 161 | nonresidential farm building or farm fence is exempt from the |
| 162 | Florida Building Code and any county or municipal building code |
| 163 | or fee, except for code provisions implementing local, state, or |
| 164 | federal floodplain management regulations. For purposes of this |
| 165 | section, the term "nonresidential farm building" means any |
| 166 | building or support structure that is used for agricultural |
| 167 | purposes, is located on a farm that is not used as a residential |
| 168 | dwelling, and is located on land that is an integral part of a |
| 169 | farm operation or is classified as agricultural land under s. |
| 170 | 193.461. The term "farm" is as defined in s. 823.14. |
| 171 | Section 4. Effective January 1, 2010, subsection (3) is |
| 172 | added to section 689.261, Florida Statutes, to read: |
| 173 | 689.261 Sale of residential property; disclosure of ad |
| 174 | valorem taxes and neighboring agricultural land to prospective |
| 175 | purchaser.-- |
| 176 | (3)(a) A prospective purchaser of residential property |
| 177 | contiguous to agricultural land must be presented with a written |
| 178 | acknowledgement of neighboring agricultural land on or before |
| 179 | execution of the contract for sale unless the acknowledgement is |
| 180 | included in the contract. The acknowledgement, whether included |
| 181 | in the contract for sale or presented as a separate document, |
| 182 | must be in substantially the following form: |
| 183 |
|
| 184 | ACKNOWLEDGEMENT OF NEIGHBORING AGRICULTURAL LAND |
| 185 | |
| 186 | I, ...(name of purchaser)... understand that my property |
| 187 | located at ...(address of residential property being |
| 188 | purchased)... is contiguous to agricultural land located |
| 189 | at ...(address of agricultural land).... |
| 190 | I acknowledge and understand that the farm operation |
| 191 | on the neighboring agricultural land identified herein |
| 192 | will be conducted according to generally accepted |
| 193 | agricultural practices as provided in the Florida Right to |
| 194 | Farm Act, s. 823.14, Florida Statutes. |
| 195 | Signature: ...(signature of purchaser) .... |
| 196 | Date: ... (date) .... |
| 197 | |
| 198 | (b) The acknowledgment must include a signature line for |
| 199 | each purchaser only if the acknowledgement is presented as a |
| 200 | separate document from the contract for sale. |
| 201 | Section 5. Except as otherwise expressly provided in this |
| 202 | act, this act shall take effect July 1, 2009. |
| 203 |
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| 204 | ----------------------------------------------------- |
| 205 | T I T L E A M E N D M E N T |
| 206 | Remove the entire title and insert: |
| 207 | A bill to be entitled |
| 208 | An act relating to agriculture; amending s. 163.3162, |
| 209 | F.S.; prohibiting a county from enforcing certain limits |
| 210 | on the activity of a bona fide farm operation on |
| 211 | agricultural land under certain circumstances; prohibiting |
| 212 | a county from charging agricultural lands for stormwater |
| 213 | management assessments and fees under certain |
| 214 | circumstances; allowing an assessment to be collected if |
| 215 | credits against the assessment are provided for |
| 216 | implementation of best-management practices; exempting |
| 217 | certain wetlands and springs protection ordinances, |
| 218 | regulations, and rules adopted before a specified date |
| 219 | from provisions restricting a county's powers over the |
| 220 | activity on agricultural land; creating s. 163.3163, F.S.; |
| 221 | creating the "Agricultural Land Acknowledgement Act"; |
| 222 | providing legislative findings and intent; providing |
| 223 | definitions; requiring an applicant for certain |
| 224 | development permits to sign and submit an acknowledgement |
| 225 | of neighboring agricultural land as a condition of the |
| 226 | political subdivision issuing the permits; specifying |
| 227 | information to be included in the acknowledgement; |
| 228 | requiring that the acknowledgement be permanently |
| 229 | maintained as a public record; amending s. 604.50, F.S.; |
| 230 | exempting farm fences from the Florida Building Code; |
| 231 | exempting nonresidential farm buildings and farm fences |
| 232 | from county and municipal codes and fees; specifying that |
| 233 | the exemptions do not apply to code provisions |
| 234 | implementing certain floodplain regulations; amending s. |
| 235 | 689.261, F.S.; requiring prospective purchasers of certain |
| 236 | residential property to be presented with a written |
| 237 | acknowledgement of neighboring agricultural land on or |
| 238 | before execution of the contract for sale unless the |
| 239 | acknowledgement is included in the contract; specifying |
| 240 | information to be included in the acknowledgement; |
| 241 | providing effective dates. |