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; providing for application; creating s.
14	163.3163, F.S.; creating the "Agricultural Land
15	Acknowledgement Act"; providing legislative findings and
16	intent; providing definitions; requiring an applicant for
17	certain development permits to sign and submit an
18	acknowledgement of contiguous agricultural land as a
19	condition of the political subdivision issuing the
20	permits; specifying information to be included in the
21	acknowledgement; requiring that the acknowledgement be
22	recorded in the official county records; amending s.
23	604.50, F.S.; exempting farm fences from the Florida
24	Building Code; exempting nonresidential farm buildings and
25	farm fences from county and municipal codes and fees;
26	specifying that the exemptions do not apply to code
27	provisions implementing certain floodplain regulations;
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 a bona fide farm operation on land
53	classified as agricultural land pursuant to s. 193.461, if the
54	farm operation has a National Pollutant Discharge Elimination
55	System permit, environmental resource permit, or works-of-the-
56	district permit or implements best management practices adopted
57	as rules under chapter 120 by the Department of Environmental
58	Protection, the Department of Agriculture and Consumer Services,
59	or a water management district as part of a statewide or
60	regional program. However, this subsection does not prohibit a
61	county from charging an assessment or fee for stormwater
62	management on a bona fide farm operation that does not have a
63	National Pollutant Discharge Elimination System permit,
64	environmental resource permit, or works-of-the-district permit,
65	or has not implemented water quality and quantity best-
66	management practices as described in this subsection. For those
67	counties that, before March 1, 2009, adopted a stormwater
68	utility ordinance, resolution, or municipal services benefit
69	unit or, before March 1, 2009, adopted a resolution stating its
70	intent to use the uniform method of collection pursuant to s.
71	197.3632 for such stormwater ordinances, the county may continue
72	to charge an assessment or fee for stormwater management on a
73	bona fide farm operation on land classified as agricultural
74	pursuant to s. 193.461 if the ordinance provides credits against
75	the assessment or fee on a bona fide farm operation for the
76	implementation of best-management practices adopted as rules
77	under chapter 120 by the Department of Environmental Protection,
78	the Department of Agriculture and Consumer Services, or a water
79	management district as part of a statewide or regional program,
80	or stormwater quality and quantity measures required as part of
81	a National Pollutant Discharge Elimination System permit,
82	environmental resource permit, or works-of-the-district permit
83	or implementation of best-management practices or alternative
84	measures which the landowner demonstrates to the county to be of
85	equivalent or greater stormwater benefit than those provided by
86	implementation of best-management practices adopted as rules
87	under chapter 120 by the Department of Environmental Protection,
88	the Department of Agriculture and Consumer Services, or a water
89	management district as part of a statewide or regional program,
90	or stormwater quality and quantity measures required as part of
91	a National Pollutant Discharge Elimination System permit,
92	environmental resource permit, or works-of-the-district permit.
93	(a)  When an activity of a farm operation takes place
94	within a wellfield protection area as defined in any wellfield
95	protection ordinance adopted by a county, and the implemented
96	best management practice, regulation, or interim measure does
97	not specifically address wellfield protection, a county may
98	regulate that activity pursuant to such ordinance. This
99	subsection does not limit the powers and duties provided for in
100	s. 373.4592 or limit the powers and duties of any county to
101	address an emergency as provided for in chapter 252.
102	(b)  This subsection may not be construed to permit an
103	existing farm operation to change to a more excessive farm
104	operation with regard to traffic, noise, odor, dust, or fumes
105	where the existing farm operation is adjacent to an established
106	homestead or business on March 15, 1982.
107	(c)  This subsection does not limit the powers of a
108	predominantly urbanized county with a population greater than
109	1,500,000 and more than 25 municipalities, not operating under a
110	home rule charter adopted pursuant to ss. 10, 11, and 24, Art.
111	VIII of the Constitution of 1885, as preserved by s. 6(e), Art.
112	VIII of the Constitution of 1968, which has a delegated
113	pollution control program under s. 403.182 and includes drainage
114	basins that are part of the Everglades Stormwater Program, to
115	enact ordinances, regulations, or other measures to comply with
116	the provisions of s. 373.4592, or which are necessary to
117	carrying out a county's duties pursuant to the terms and
118	conditions of any environmental program delegated to the county
119	by agreement with a state agency.
120	(d)  For purposes of this subsection, a county ordinance
121	that regulates the transportation or land application of
122	domestic wastewater residuals or other forms of sewage sludge
123	shall not be deemed to be duplication of regulation.
124	(e)  This subsection does not limit a county's powers to:
125	1.  Enforce wetlands, springs protection, or stormwater
126	ordinances, regulations, or rules adopted before January 15,
127	2009.
128	2.  Enforce wetlands, springs protection, or stormwater
129	ordinances, regulations, or rules pertaining to the Wekiva River
130	Protection Area.
131	3.  Enforce ordinances, regulations, or rules as directed
132	by law or implemented consistent with the requirements of a
133	program operated under a delegation agreement from a state
134	agency or water management district.
135
136	As used in this paragraph, the term "wetlands" has the same
137	meaning as defined in s. 373.019.
138	(f)  The provisions of this subsection that limit a
139	county's authority to adopt or enforce any ordinance,
140	regulation, rule, or policy, or to charge any assessment or fee
141	for stormwater management, apply only to a bona fide farm
142	operation as described in this subsection.
143	Section 2.  Section 163.3163, Florida Statutes, is created
144	to read:
145	163.3163  Applications for development permits; disclosure
146	and acknowledgement of neighboring agricultural land.--
147	(1)  This section may be cited as the "Agricultural Land
148	Acknowledgement Act."
149	(2)  The Legislature finds that nonagricultural land which
150	neighbors agricultural land may adversely affect agricultural
151	production and farm operations on the agricultural land and may
152	lead to the agricultural land's conversion to urban, suburban,
153	or other nonagricultural uses. The Legislature intends to
154	preserve and encourage agricultural land use and to reduce the
155	occurrence of conflicts between agricultural and nonagricultural
156	land uses. The purpose of this section is to ensure that
157	generally accepted agricultural practices will not be subject to
158	interference by residential use of land contiguous to
159	agricultural land.
160	(3)  As used in this section, the term:
161	(a)  "Agricultural land" means land classified as
162	agricultural land pursuant to s. 193.461.
163	(b)  "Contiguous" means touching, bordering, or adjoining
164	along a boundary. For purposes of this section, properties that
165	would be contiguous if not separated by a roadway, railroad, or
166	other public easement are considered contiguous.
167	(c)  "Farm operation" has the same meaning as defined in s.
168	823.14.
169	(4)(a)  Before a political subdivision issues a local land
170	use permit, building permit, or certificate of occupancy for
171	nonagricultural land contiguous to agricultural land, the
172	political subdivision shall require that, as a condition of
173	issuing the permit or certificate, the applicant for the permit
174	or certificate sign and submit to the political subdivision, in
175	a format that is recordable in the official records of the
176	county in which the political subdivision is located, a written
177	acknowledgement of contiguous agricultural land in the following
178	form:
179
180	ACKNOWLEDGEMENT OF CONTIGUOUS AGRICULTURAL LAND
181
182	I, ...(name of applicant)..., understand that my property
183	located at ...(address of nonagricultural land)..., as
184	further described in the attached legal description, is
185	contiguous to agricultural land located at ...(address of
186	agricultural land)..., as further described in the
187	attached legal description.
188	I acknowledge and understand that the farm operation
189	on the contiguous agricultural land identified herein will
190	be conducted according to generally accepted agricultural
191	practices as provided in the Florida Right to Farm Act, s.
192	823.14, Florida Statutes.
193	Signature: ...(signature of applicant)....
194	Date: ...(date)....
195
196	(b)  An acknowledgement submitted to a political
197	subdivision under paragraph (a) shall be recorded in the
198	official records of the county in which the political
199	subdivision is located.
200	Section 3.  Section 604.50, Florida Statutes, is amended to
201	read:
202	604.50  Nonresidential farm buildings and farm
203	fences.--Notwithstanding any other law to the contrary, any
204	nonresidential farm building or farm fence is exempt from the
205	Florida Building Code and any county or municipal building code
206	or fee, except for code provisions implementing local, state, or
207	federal floodplain management regulations. For purposes of this
208	section, the term "nonresidential farm building" means any
209	building or support structure that is used for agricultural
210	purposes, is located on a farm that is not used as a residential
211	dwelling, and is located on land that is an integral part of a
212	farm operation or is classified as agricultural land under s.
213	193.461. The term "farm" is as defined in s. 823.14.
214	Section 4.  This act shall take effect July 1, 2009.
215

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