CS/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; allowing an assessment to be collected if
9	credits against the assessment are provided for
10	implementation of best-management practices; providing
11	exemptions from certain restrictions on a county's powers
12	over the activity on agricultural land; providing a
13	definition; creating s. 163.3163, F.S.; creating the
14	"Agricultural Land Acknowledgement Act"; providing
15	legislative findings and intent; providing definitions;
16	requiring an applicant for certain development permits to
17	sign and submit an acknowledgement of contiguous
18	agricultural land as a condition of the political
19	subdivision issuing the permits; specifying information to
20	be included in the acknowledgement; requiring that the
21	acknowledgement be recorded in the official county
22	records; amending s. 604.50, F.S.; exempting farm fences
23	from the Florida Building Code; exempting nonresidential
24	farm buildings and farm fences from county and municipal
25	codes and fees; specifying that the exemptions do not
26	apply to code provisions implementing certain floodplain
27	regulations; providing an effective date.
28
29	Be It Enacted by the Legislature of the State of Florida:
30
31	Section 1.  Subsection (4) of section 163.3162, Florida
32	Statutes, is amended to read:
33	163.3162  Agricultural Lands and Practices Act.--
34	(4)  DUPLICATION OF REGULATION.--Except as otherwise
35	provided in this section and s. 487.051(2), and notwithstanding
36	any other law, including any provision of chapter 125 or this
37	chapter, a county may not exercise any of its powers to adopt or
38	enforce any ordinance, resolution, regulation, rule, or policy
39	to prohibit, restrict, regulate, or otherwise limit an activity
40	of a bona fide farm operation on land classified as agricultural
41	land pursuant to s. 193.461, if such activity is regulated
42	through implemented best management practices, interim measures,
43	or regulations adopted as rules under chapter 120 developed by
44	the Department of Environmental Protection, the Department of
45	Agriculture and Consumer Services, or a water management
46	district and adopted under chapter 120 as part of a statewide or
47	regional program; or if such activity is expressly regulated by
48	the United States Department of Agriculture, the United States
49	Army Corps of Engineers, or the United States Environmental
50	Protection Agency. A county may not charge an assessment or fee
51	for stormwater management on a bona fide farm operation on land
52	classified as agricultural land pursuant to s. 193.461, if the
53	farm operation has a National Pollutant Discharge Elimination
54	System permit, environmental resource permit, or works-of-the-
55	district permit or implements best management practices adopted
56	as rules under chapter 120 by the Department of Environmental
57	Protection, the Department of Agriculture and Consumer Services,
58	or a water management district as part of a statewide or
59	regional program. However, this subsection does not prohibit a
60	county from charging an assessment or fee for stormwater
61	management on a bona fide farm operation that does not have a
62	National Pollutant Discharge Elimination System permit,
63	environmental resource permit, or works-of-the-district permit,
64	or has not implemented water quality and quantity best-
65	management practices as described in this subsection. For those
66	counties that, before March 1, 2009, adopted a stormwater
67	utility ordinance, resolution, or municipal services benefit
68	unit or, before March 1, 2009, adopted a resolution stating its
69	intent to use the uniform method of collection pursuant to s.
70	197.3632 for such stormwater ordinances, the county may continue
71	to charge an assessment or fee for stormwater management on a
72	bona fide farm operation on land classified as agricultural
73	pursuant to s. 193.461 if the ordinance provides credits against
74	the assessment or fee on a bona fide farm operation for the
75	implementation of best-management practices adopted as rules
76	under chapter 120 by the Department of Environmental Protection,
77	the Department of Agriculture and Consumer Services, or a water
78	management district as part of a statewide or regional program,
79	or stormwater quality and quantity measures required as part of
80	a National Pollutant Discharge Elimination System permit,
81	environmental resource permit, or works-of-the-district permit
82	or implementation of best-management practices or alternative
83	measures which the landowner demonstrates to the county to be of
84	equivalent or greater stormwater benefit than those provided by
85	implementation of best-management practices adopted as rules
86	under chapter 120 by the Department of Environmental Protection,
87	the Department of Agriculture and Consumer Services, or a water
88	management district as part of a statewide or regional program,
89	or stormwater quality and quantity measures required as part of
90	a National Pollutant Discharge Elimination System permit,
91	environmental resource permit, or works-of-the-district permit.
92	(a)  When an activity of a farm operation takes place
93	within a wellfield protection area as defined in any wellfield
94	protection ordinance adopted by a county, and the implemented
95	best management practice, regulation, or interim measure does
96	not specifically address wellfield protection, a county may
97	regulate that activity pursuant to such ordinance. This
98	subsection does not limit the powers and duties provided for in
99	s. 373.4592 or limit the powers and duties of any county to
100	address an emergency as provided for in chapter 252.
101	(b)  This subsection may not be construed to permit an
102	existing farm operation to change to a more excessive farm
103	operation with regard to traffic, noise, odor, dust, or fumes
104	where the existing farm operation is adjacent to an established
105	homestead or business on March 15, 1982.
106	(c)  This subsection does not limit the powers of a
107	predominantly urbanized county with a population greater than
108	1,500,000 and more than 25 municipalities, not operating under a
109	home rule charter adopted pursuant to ss. 10, 11, and 24, Art.
110	VIII of the Constitution of 1885, as preserved by s. 6(e), Art.
111	VIII of the Constitution of 1968, which has a delegated
112	pollution control program under s. 403.182 and includes drainage
113	basins that are part of the Everglades Stormwater Program, to
114	enact ordinances, regulations, or other measures to comply with
115	the provisions of s. 373.4592, or which are necessary to
116	carrying out a county's duties pursuant to the terms and
117	conditions of any environmental program delegated to the county
118	by agreement with a state agency.
119	(d)  For purposes of this subsection, a county ordinance
120	that regulates the transportation or land application of
121	domestic wastewater residuals or other forms of sewage sludge
122	shall not be deemed to be duplication of regulation.
123	(e)  This subsection does not limit a county's powers to:
124	1.  Enforce its wetlands and springs protection ordinances,
125	regulations, or rules adopted before January 1, 2009.
126	2.  Implement the requirements of parts II and III of
127	chapter 369 pertaining to the Wekiva River Protection Area.
128	3.  Enforce ordinances, regulations, or rules as provided
129	by law or implemented consistent with the requirements of a
130	program operated under a delegation agreement from a state
131	agency or water management district.
132
133	As used in this paragraph, the term "wetlands" has the same
134	meaning as defined in s. 373.019.
135	Section 2.  Section 163.3163, Florida Statutes, is created
136	to read:
137	163.3163  Applications for development permits; disclosure
138	and acknowledgement of neighboring agricultural land.--
139	(1)  This section may be cited as the "Agricultural Land
140	Acknowledgement Act."
141	(2)  The Legislature finds that nonagricultural land which
142	neighbors agricultural land may adversely affect agricultural
143	production and farm operations on the agricultural land and may
144	lead to the agricultural land's conversion to urban, suburban,
145	or other nonagricultural uses. The Legislature intends to
146	preserve and encourage agricultural land use and to reduce the
147	occurrence of conflicts between agricultural and nonagricultural
148	land uses. The purpose of this section is to ensure that
149	generally accepted agricultural practices will not be subject to
150	interference by residential use of land contiguous to
151	agricultural land.
152	(3)  As used in this section, the term:
153	(a)  "Agricultural land" means land classified as
154	agricultural land pursuant to s. 193.461.
155	(b)  "Contiguous" means touching, bordering, or adjoining
156	along a boundary. For purposes of this section, properties that
157	would be contiguous if not separated by a roadway, railroad, or
158	other public easement are considered contiguous.
159	(c)  "Farm operation" has the same meaning as defined in s.
160	823.14.
161	(4)(a)  Before a political subdivision issues a local land
162	use permit, building permit, or certificate of occupancy for
163	nonagricultural land contiguous to agricultural land, the
164	political subdivision shall require that, as a condition of
165	issuing the permit or certificate, the applicant for the permit
166	or certificate sign and submit to the political subdivision, in
167	a format that is recordable in the official records of the
168	county in which the political subdivision is located, a written
169	acknowledgement of contiguous agricultural land in the following
170	form:
171
172	ACKNOWLEDGEMENT OF CONTIGUOUS AGRICULTURAL LAND
173
174	I, ...(name of applicant)..., understand that my property
175	located at ...(address of nonagricultural land)..., as
176	further described in the attached legal description, is
177	contiguous to agricultural land located at ...(address of
178	agricultural land)..., as further described in the
179	attached legal description.
180	I acknowledge and understand that the farm operation
181	on the contiguous agricultural land identified herein will
182	be conducted according to generally accepted agricultural
183	practices as provided in the Florida Right to Farm Act, s.
184	823.14, Florida Statutes.
185	Signature: ...(signature of applicant)....
186	Date: ...(date)....
187
188	(b)  An acknowledgement submitted to a political
189	subdivision under paragraph (a) shall be recorded in the
190	official records of the county in which the political
191	subdivision is located.
192	Section 3.  Section 604.50, Florida Statutes, is amended to
193	read:
194	604.50  Nonresidential farm buildings and farm
195	fences.--Notwithstanding any other law to the contrary, any
196	nonresidential farm building or farm fence is exempt from the
197	Florida Building Code and any county or municipal building code
198	or fee, except for code provisions implementing local, state, or
199	federal floodplain management regulations. For purposes of this
200	section, the term "nonresidential farm building" means any
201	building or support structure that is used for agricultural
202	purposes, is located on a farm that is not used as a residential
203	dwelling, and is located on land that is an integral part of a
204	farm operation or is classified as agricultural land under s.
205	193.461. The term "farm" is as defined in s. 823.14.
206	Section 4.  This act shall take effect July 1, 2009.
207

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