Florida Senate - 2013                             CS for SB 1190
       
       
       
       By the Committee on Appropriations; and Senators Brandes, Sachs,
       and Evers
       
       
       
       576-04933-13                                          20131190c1
    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; amending s. 604.50, F.S.; revising an
   10         exemption from the Florida Building Code and certain
   11         county and municipal code provisions and fees for
   12         nonresidential farm buildings, fences, and signs;
   13         limiting applicability of the exemption to such farm
   14         buildings, fences, and signs located on certain lands;
   15         defining the term “bona fide agricultural purposes”;
   16         providing an effective date.
   17  
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Paragraphs (b) through (j) of subsection (3) of
   21  section 163.3162, Florida Statutes, are redesignated as
   22  paragraphs (c) through (k), respectively, paragraph (d) of
   23  subsection (2) and paragraph (a) of subsection (3) are amended,
   24  and a new paragraph (b) is added to subsection (3) of that
   25  section, to read:
   26         163.3162 Agricultural Lands and Practices.—
   27         (2) DEFINITIONS.—As used in this section, the term:
   28         (d) “Governmental entity” has the same meaning as provided
   29  in s. 164.1031. The term does not include a water management
   30  district, a water control district established under chapter
   31  298, or a special district created by special act for water
   32  management purposes.
   33         (3) DUPLICATION OF REGULATION.—Except as otherwise provided
   34  in this section and s. 487.051(2), and notwithstanding any other
   35  law, including any provision of chapter 125 or this chapter:
   36         (a) A governmental entity county may not exercise any of
   37  its powers to adopt or enforce any ordinance, resolution,
   38  regulation, rule, or policy to prohibit, restrict, regulate, or
   39  otherwise limit an activity of a bona fide farm operation on
   40  land classified as agricultural land pursuant to s. 193.461, if
   41  such activity is regulated through implemented best management
   42  practices, interim measures, or regulations adopted as rules
   43  under chapter 120 by the Department of Environmental Protection,
   44  the Department of Agriculture and Consumer Services, or a water
   45  management district as part of a statewide or regional program;
   46  or if such activity is expressly regulated by the United States
   47  Department of Agriculture, the United States Army Corps of
   48  Engineers, or the United States Environmental Protection Agency.
   49         (b) A governmental entity may not charge a fee on a
   50  specific agricultural activity of a bona fide farm operation on
   51  land classified as agricultural land pursuant to s. 193.461, if
   52  such agricultural activity is regulated through implemented best
   53  management practices, interim measures, or rules adopted under
   54  chapter 120 by the Department of Environmental Protection, the
   55  Department of Agriculture and Consumer Services, or a water
   56  management district as part of a statewide or regional program
   57  or if such agricultural activity is expressly regulated by the
   58  United States Department of Agriculture, the United States Army
   59  Corps of Engineers, or the United States Environmental
   60  Protection Agency.
   61         Section 2. Section 604.50, Florida Statutes, is amended to
   62  read:
   63         604.50 Nonresidential farm buildings; farm fences; farm
   64  signs.—
   65         (1) Notwithstanding any provision of law to the contrary,
   66  any nonresidential farm building, farm fence, or farm sign that
   67  is located on lands used for bona fide agricultural purposes is
   68  exempt from the Florida Building Code and any county or
   69  municipal code or fee, except for code provisions implementing
   70  local, state, or federal floodplain management regulations. A
   71  farm sign located on a public road may not be erected, used,
   72  operated, or maintained in a manner that violates any of the
   73  standards provided in s. 479.11(4), (5)(a), and (6)-(8).
   74         (2) As used in this section, the term:
   75         (a) “Bona fide agricultural purposes” has the same meaning
   76  as provided in s. 193.461(3)(b).
   77         (b)(a) “Farm” has the same meaning as provided in s.
   78  823.14.
   79         (c)(b) “Farm sign” means a sign erected, used, or
   80  maintained on a farm by the owner or lessee of the farm which
   81  relates solely to farm produce, merchandise, or services sold,
   82  produced, manufactured, or furnished on the farm.
   83         (d)(c) “Nonresidential farm building” means any temporary
   84  or permanent building or support structure that is classified as
   85  a nonresidential farm building on a farm under s. 553.73(10)(c)
   86  or that is used primarily for agricultural purposes, is located
   87  on land that is an integral part of a farm operation or is
   88  classified as agricultural land under s. 193.461, and is not
   89  intended to be used as a residential dwelling. The term may
   90  include, but is not limited to, a barn, greenhouse, shade house,
   91  farm office, storage building, or poultry house.
   92         Section 3. This act shall take effect July 1, 2013.