1 | Representative Poppell offered the following: |
2 |
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3 | Amendment (with title amendment) |
4 | Remove lines 235-432 and insert: |
5 | Section 9. 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 | 1. Enforce its wetlands and springs protection ordinances, |
99 | regulations, or rules adopted before January 1, 2009. |
100 | 2. Implement the requirements of parts II and III of |
101 | chapter 369 pertaining to the Wekiva River Protection Area. |
102 | 3. Enforce ordinances, regulations, or rules as provided |
103 | by law or implemented consistent with the requirements of a |
104 | program operated under a delegation agreement from a state |
105 | agency or water management district. |
106 | |
107 | As used in this paragraph, the term "wetlands" has the same |
108 | meaning as defined in s. 373.019. |
109 | Section 10. Section 163.3163, Florida Statutes, is created |
110 | to read: |
111 | 163.3163 Applications for development permits; disclosure |
112 | and acknowledgement of neighboring agricultural land.-- |
113 | (1) This section may be cited as the "Agricultural Land |
114 | Acknowledgement Act." |
115 | (2) The Legislature finds that nonagricultural land which |
116 | neighbors agricultural land may adversely affect agricultural |
117 | production and farm operations on the agricultural land and may |
118 | lead to the agricultural land's conversion to urban, suburban, |
119 | or other nonagricultural uses. The Legislature intends to |
120 | preserve and encourage agricultural land use and to reduce the |
121 | occurrence of conflicts between agricultural and nonagricultural |
122 | land uses. The purpose of this section is to ensure that |
123 | generally accepted agricultural practices will not be subject to |
124 | interference by residential use of land contiguous to |
125 | agricultural land. |
126 | (3) As used in this section, the term: |
127 | (a) "Agricultural land" means land classified as |
128 | agricultural land pursuant to s. 193.461. |
129 | (b) "Contiguous" means touching, bordering, or adjoining |
130 | along a boundary. For purposes of this section, properties that |
131 | would be contiguous if not separated by a roadway, railroad, or |
132 | other public easement are considered contiguous. |
133 | (c) "Farm operation" has the same meaning as defined in s. |
134 | 823.14. |
135 | (4)(a) Before a political subdivision issues a local land |
136 | use permit, building permit, or certificate of occupancy for |
137 | nonagricultural land contiguous to agricultural land, the |
138 | political subdivision shall require that, as a condition of |
139 | issuing the permit or certificate, the applicant for the permit |
140 | or certificate sign and submit to the political subdivision, in |
141 | a format that is recordable in the official records of the |
142 | county in which the political subdivision is located, a written |
143 | acknowledgement of contiguous agricultural land in the following |
144 | form: |
145 |
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146 | ACKNOWLEDGEMENT OF CONTIGUOUS AGRICULTURAL LAND |
147 |
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148 | I, ...(name of applicant)..., understand that my property |
149 | located at ...(address of nonagricultural land)..., as |
150 | further described in the attached legal description, is |
151 | contiguous to agricultural land located at ...(address of |
152 | agricultural land)..., as further described in the |
153 | attached legal description. |
154 | I acknowledge and understand that the farm operation |
155 | on the contiguous agricultural land identified herein will |
156 | be conducted according to generally accepted agricultural |
157 | practices as provided in the Florida Right to Farm Act, s. |
158 | 823.14, Florida Statutes. |
159 | Signature: ...(signature of applicant).... |
160 | Date: ...(date).... |
161 |
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162 | (b) An acknowledgement submitted to a political |
163 | subdivision under paragraph (a) shall be recorded in the |
164 | official records of the county in which the political |
165 | subdivision is located. |
166 | Section 11. Section 604.50, Florida Statutes, is amended |
167 | to read: |
168 | 604.50 Nonresidential farm buildings and farm |
169 | fences.--Notwithstanding any other law to the contrary, any |
170 | nonresidential farm building or farm fence is exempt from the |
171 | Florida Building Code and any county or municipal building code |
172 | or fee, except for code provisions implementing local, state, or |
173 | federal floodplain management regulations. For purposes of this |
174 | section, the term "nonresidential farm building" means any |
175 | building or support structure that is used for agricultural |
176 | purposes, is located on a farm that is not used as a residential |
177 | dwelling, and is located on land that is an integral part of a |
178 | farm operation or is classified as agricultural land under s. |
179 | 193.461. The term "farm" is as defined in s. 823.14. |
180 | Section 12. This act shall take effect July 1, 2009. |
181 |
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182 | ----------------------------------------------------- |
183 | T I T L E A M E N D M E N T |
184 | Remove lines 35-67 and insert: |
185 | limitations on open burning; amending s. 163.3162, F.S.; |
186 | prohibiting a county from enforcing certain limits on the |
187 | activity of a bona fide farm operation on agricultural |
188 | land under certain circumstances; prohibiting a county |
189 | from charging agricultural lands for stormwater management |
190 | assessments and fees under certain circumstances; allowing |
191 | an assessment to be collected if credits against the |
192 | assessment are provided for implementation of best- |
193 | management practices; providing exemptions from certain |
194 | restrictions on a county's powers over the activity on |
195 | agricultural land; providing a definition; creating s. |
196 | 163.3163, F.S.; creating the "Agricultural Land |
197 | Acknowledgement Act"; providing legislative findings and |
198 | intent; providing definitions; requiring an applicant for |
199 | certain development permits to sign and submit an |
200 | acknowledgement of contiguous agricultural land as a |
201 | condition of the political subdivision issuing the |
202 | permits; specifying information to be included in the |
203 | acknowledgement; requiring that the acknowledgement be |
204 | recorded in the official county records; amending s. |
205 | 604.50, F.S.; exempting farm fences from the Florida |
206 | Building Code; exempting nonresidential farm buildings and |
207 | farm fences from county and municipal codes and fees; |
208 | specifying that the exemptions do not apply to code |
209 | provisions implementing certain floodplain regulations; |
210 | providing an effective date. |