Florida Senate - 2013                                    SB 1190
       
       
       
       By Senator Brandes
       
       
       
       
       22-01221A-13                                          20131190__
    1                        A bill to be entitled                      
    2         An act relating to agricultural lands; amending s.
    3         163.3162, F.S.; revising a definition; prohibiting a
    4         governmental entity from adopting or enforcing any
    5         prohibition, restriction, regulation, or other
    6         limitation or from charging a fee on a specific
    7         agricultural activity of a bona fide farm operation on
    8         land classified as agricultural land under certain
    9         circumstances; providing an effective date.
   10  
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Paragraphs (b) through (j) of subsection (3) of
   14  section 163.3162, Florida Statutes, are redesignated as
   15  paragraphs (c) through (k), respectively, paragraph (d) of
   16  subsection (2) and paragraph (a) of subsection (3) are amended,
   17  and a new paragraph (b) is added to subsection (3) of that
   18  section, to read:
   19         163.3162 Agricultural Lands and Practices.—
   20         (2) DEFINITIONS.—As used in this section, the term:
   21         (d) “Governmental entity” has the same meaning as provided
   22  in s. 164.1031. The term does not include a water management
   23  district, a water control district established under chapter
   24  298, or a special district created by special act for water
   25  management purposes.
   26         (3) DUPLICATION OF REGULATION.—Except as otherwise provided
   27  in this section and s. 487.051(2), and notwithstanding any other
   28  law, including any provision of chapter 125 or this chapter:
   29         (a) A governmental entity county may not exercise any of
   30  its powers to adopt or enforce any ordinance, resolution,
   31  regulation, rule, or policy to prohibit, restrict, regulate, or
   32  otherwise limit an activity of a bona fide farm operation on
   33  land classified as agricultural land pursuant to s. 193.461, if
   34  such activity is regulated through implemented best management
   35  practices, interim measures, or regulations adopted as rules
   36  under chapter 120 by the Department of Environmental Protection,
   37  the Department of Agriculture and Consumer Services, or a water
   38  management district as part of a statewide or regional program;
   39  or if such activity is expressly regulated by the United States
   40  Department of Agriculture, the United States Army Corps of
   41  Engineers, or the United States Environmental Protection Agency.
   42         (b) A governmental entity may not charge a fee on a
   43  specific agricultural activity of a bona fide farm operation on
   44  land classified as agricultural land pursuant to s. 193.461, if
   45  such agricultural activity is regulated through implemented best
   46  management practices, interim measures, or rules adopted under
   47  chapter 120 by the Department of Environmental Protection, the
   48  Department of Agriculture and Consumer Services, or a water
   49  management district as part of a statewide or regional program
   50  or if such agricultural activity is expressly regulated by the
   51  United States Department of Agriculture, the United States Army
   52  Corps of Engineers, or the United States Environmental
   53  Protection Agency.
   54         Section 2. This act shall take effect July 1, 2013.