CS/CS/HB 1133

1	A bill to be entitled
2	An act relating to agriculture; amending s. 163.3162,
3	F.S.; prohibiting a county from enforcing certain limits
4	on the activity of a bona fide farm operation on
5	agricultural land under certain circumstances; prohibiting
6	a county from charging agricultural lands for stormwater
7	management assessments and fees under certain
8	circumstances; exempting certain wetland protection
9	ordinances, regulations, and rules adopted before a
10	specified date from provisions restricting a county's
11	powers over the activity on agricultural land; creating s.
12	163.3163, F.S.; creating the "Agricultural Land
13	Acknowledgement Act"; providing legislative findings and
14	intent; providing definitions; requiring an applicant for
15	certain development permits to sign and submit an
16	acknowledgement of neighboring agricultural land as a
17	condition of the political subdivision issuing the
18	permits; specifying information to be included in the
19	acknowledgement; requiring that the acknowledgement be
20	permanently maintained as a public record; amending s.
21	604.50, F.S.; exempting farm fences from the Florida
22	Building Code; exempting nonresidential farm buildings and
23	farm fences from county and municipal codes and fees;
24	amending s. 689.261, F.S.; requiring certain prospective
25	purchasers of residential property to be presented with a
26	copy of an acknowledgement of neighboring agricultural
27	land at or before execution of the contract for sale;
28	providing an effective date.
29
30	Be It Enacted by the Legislature of the State of Florida:
31
32	Section 1.  Subsection (4) of section 163.3162, Florida
33	Statutes, is amended to read:
34	163.3162  Agricultural Lands and Practices Act.--
35	(4)  DUPLICATION OF REGULATION.--Except as otherwise
36	provided in this section and s. 487.051(2), and notwithstanding
37	any other law, including any provision of chapter 125 or this
38	chapter, a county may not exercise any of its powers to adopt or
39	enforce any ordinance, resolution, regulation, rule, or policy
40	to prohibit, restrict, regulate, or otherwise limit an activity
41	of a bona fide farm operation on land classified as agricultural
42	land pursuant to s. 193.461, if such activity is regulated
43	through implemented best management practices, interim measures,
44	or regulations adopted as rules under chapter 120 developed by
45	the Department of Environmental Protection, the Department of
46	Agriculture and Consumer Services, or a water management
47	district and adopted under chapter 120 as part of a statewide or
48	regional program; or if such activity is expressly regulated by
49	the United States Department of Agriculture, the United States
50	Army Corps of Engineers, or the United States Environmental
51	Protection Agency. A county may not charge an assessment or fee
52	for stormwater management on land classified as agricultural
53	land pursuant to s. 193.461, if the agricultural operation has a
54	National Pollutant Discharge Elimination System permit,
55	environmental resource permit, or works-of-the-district permit
56	or implements best management practices adopted as rules under
57	chapter 120 by the Department of Environmental Protection, the
58	Department of Agriculture and Consumer Services, or a water
59	management district as part of a statewide or regional program.
60	(a)  When an activity of a farm operation takes place
61	within a wellfield protection area as defined in any wellfield
62	protection ordinance adopted by a county, and the implemented
63	best management practice, regulation, or interim measure does
64	not specifically address wellfield protection, a county may
65	regulate that activity pursuant to such ordinance. This
66	subsection does not limit the powers and duties provided for in
67	s. 373.4592 or limit the powers and duties of any county to
68	address an emergency as provided for in chapter 252.
69	(b)  This subsection may not be construed to permit an
70	existing farm operation to change to a more excessive farm
71	operation with regard to traffic, noise, odor, dust, or fumes
72	where the existing farm operation is adjacent to an established
73	homestead or business on March 15, 1982.
74	(c)  This subsection does not limit the powers of a
75	predominantly urbanized county with a population greater than
76	1,500,000 and more than 25 municipalities, not operating under a
77	home rule charter adopted pursuant to ss. 10, 11, and 24, Art.
78	VIII of the Constitution of 1885, as preserved by s. 6(e), Art.
79	VIII of the Constitution of 1968, which has a delegated
80	pollution control program under s. 403.182 and includes drainage
81	basins that are part of the Everglades Stormwater Program, to
82	enact ordinances, regulations, or other measures to comply with
83	the provisions of s. 373.4592, or which are necessary to
84	carrying out a county's duties pursuant to the terms and
85	conditions of any environmental program delegated to the county
86	by agreement with a state agency.
87	(d)  For purposes of this subsection, a county ordinance
88	that regulates the transportation or land application of
89	domestic wastewater residuals or other forms of sewage sludge
90	shall not be deemed to be duplication of regulation.
91	(e)  This subsection does not limit a county's powers to
92	enforce its applicable wetland protection ordinances,
93	regulations, or rules adopted before January 1, 2009.
94	Section 2.  Section 163.3163, Florida Statutes, is created
95	to read:
96	163.3163  Applications for development permits; disclosure
97	and acknowledgement of neighboring agricultural land.--
98	(1)  This section may be cited as the "Agricultural Land
99	Acknowledgement Act."
100	(2)  The Legislature finds that nonagricultural land which
101	neighbors agricultural land may adversely affect agricultural
102	production and farm operations on the agricultural land and may
103	lead to the agricultural land's conversion to urban, suburban,
104	or other nonagricultural uses. The Legislature intends to
105	preserve and encourage agricultural land use and to reduce the
106	occurrence of conflicts between agricultural and nonagricultural
107	land uses. The purpose of this section is to give notice to a
108	residential land purchaser before the contract for sale, or to
109	an applicant for a local land use permit, building permit, or
110	certificate of occupancy before issuance of a permit or
111	certificate, that the land neighbors agricultural land and that
112	certain generally accepted agricultural practices will take
113	place.
114	(3)  As used in this section, the term:
115	(a)  "Agricultural land" means land classified as
116	agricultural land pursuant to s. 193.461.
117	(b)  "Farm operation" has the same meaning as defined in s.
118	823.14.
119	(4)(a)  Before a political subdivision issues a local land
120	use permit, building permit, or certificate of occupancy for
121	nonagricultural land contiguous to agricultural land, the
122	political subdivision shall require that, as a condition of
123	issuing the permit or certificate, the applicant for the permit
124	or certificate sign and submit to the political subdivision a
125	written acknowledgement of neighboring agricultural land in the
126	following form:
127
128	ACKNOWLEDGEMENT OF NEIGHBORING AGRICULTURAL LAND
129
130	I, ...(name of applicant)..., understand that my property
131	located at ...(address of nonagricultural land)... is
132	contiguous to agricultural land located at ...(address of
133	agricultural land)....
134	I acknowledge and understand that the farm operation
135	on the neighboring agricultural land identified herein
136	will be conducted according to generally accepted
137	agricultural practices as provided in the Florida Right to
138	Farm Act, s. 823.14, Florida Statutes."
139	Signature: ...(signature of applicant)....
140	Date: ...(date)....
141
142	(b)  An acknowledgement submitted to a political
143	subdivision under paragraph (a) is a public record and shall be
144	maintained by the political subdivision as a permanent record.
145	Section 3.  Section 604.50, Florida Statutes, is amended to
146	read:
147	604.50  Nonresidential farm buildings and farm
148	fences.--Notwithstanding any other law to the contrary, any
149	nonresidential farm building or farm fence is exempt from the
150	Florida Building Code and any county or municipal building code
151	or fee. For purposes of this section, the term "nonresidential
152	farm building" means any building or support structure that is
153	used for agricultural purposes, is located on a farm that is not
154	used as a residential dwelling, and is located on land that is
155	an integral part of a farm operation or is classified as
156	agricultural land under s. 193.461. The term "farm" is as
157	defined in s. 823.14.
158	Section 4.  Subsection (3) is added to section 689.261,
159	Florida Statutes, to read:
160	689.261  Sale of residential property; disclosure of ad
161	valorem taxes and neighboring agricultural land to prospective
162	purchaser.--
163	(3)  A prospective purchaser of residential property
164	contiguous to agricultural land must be presented with a copy of
165	the acknowledgement of neighboring agricultural land required
166	pursuant to s. 163.3163 at or before execution of the contract
167	for sale.
168	Section 5.  This act shall take effect July 1, 2009.

CODING: Words stricken are deletions; words underlined are additions.