Florida Senate - 2023                                    SB 1472
       
       
        
       By Senator Bradley
       
       
       
       
       
       6-01355-23                                            20231472__
    1                        A bill to be entitled                      
    2         An act relating to organic material products; amending
    3         s. 823.14, F.S.; defining the term “organic material”
    4         and revising definitions; prohibiting local
    5         governments from adopting any ordinance, regulation,
    6         rule, or policy to prohibit, restrict, regulate, or
    7         otherwise limit the collection, storage, processing,
    8         or distribution of organic material products;
    9         providing that such activities are a bona fide farm
   10         operation and lands associated with such activities
   11         are agricultural; providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Paragraphs (c), (d), and (e) of subsection (3)
   16  and subsection (6) of section 823.14, Florida Statutes, are
   17  amended, and paragraph (g) is added to subsection (3) of that
   18  section, to read:
   19         823.14 Florida Right to Farm Act.—
   20         (3) DEFINITIONS.—As used in this section:
   21         (c) “Farm” means the land, buildings, support facilities,
   22  machinery, and other appurtenances used in the production of
   23  farm, organic material, or aquaculture products.
   24         (d) “Farm operation” means all conditions or activities by
   25  the owner, lessee, agent, independent contractor, or supplier
   26  which occur on a farm in connection with the production of farm,
   27  honeybee, or apiculture products or in connection with
   28  complementary agritourism activities, or the collection,
   29  storage, processing, and distribution of organic material
   30  products. These conditions and activities include, but are not
   31  limited to, the marketing of farm products at roadside stands or
   32  farm markets; the operation of machinery and irrigation pumps;
   33  the generation of noise, odors, dust, fumes, and particle
   34  emissions; ground or aerial seeding and spraying; the placement
   35  and operation of an apiary; the application of chemical
   36  fertilizers, conditioners, insecticides, pesticides, and
   37  herbicides; agritourism activities; and the employment and use
   38  of labor.
   39         (e) “Farm product” means any plant, as defined in s.
   40  581.011, organic material, or animal or insect useful to humans
   41  and includes, but is not limited to, any product derived
   42  therefrom.
   43         (g) “Organic material” means vegetative matter resulting
   44  from landscaping maintenance or land clearing operations. The
   45  term includes clean wood and materials such as tree and shrub
   46  trimmings, grass clippings, palm fronds, trees and tree stumps,
   47  and associated rocks and soils.
   48         (6) LIMITATION ON DUPLICATION OF GOVERNMENT REGULATION.—
   49         (a) It is the intent of the Legislature to eliminate
   50  duplication of regulatory authority over farm operations as
   51  expressed in this subsection. Except as otherwise provided for
   52  in this section and s. 487.051(2), and notwithstanding any other
   53  provision of law, a local government may not adopt any
   54  ordinance, regulation, rule, or policy to prohibit, restrict,
   55  regulate, or otherwise limit:
   56         1. An activity of a bona fide farm operation on land
   57  classified as agricultural land pursuant to s. 193.461, where
   58  such activity is regulated through implemented best management
   59  practices or interim measures developed by the Department of
   60  Environmental Protection, the Department of Agriculture and
   61  Consumer Services, or water management districts and adopted
   62  under chapter 120 as part of a statewide or regional program.
   63         2. The collection, storage, processing, or distribution of
   64  organic material products. For purposes of this section, the
   65  collection, storage, processing, or distribution of organic
   66  material products are deemed a bona fide farm operation and the
   67  lands associated with the operation are deemed agricultural.
   68         (b) When an activity of a farm operation takes place within
   69  a wellfield protection area as defined in any wellfield
   70  protection ordinance adopted by a local government, and the
   71  adopted best management practice or interim measure does not
   72  specifically address wellfield protection, a local government
   73  may regulate that activity pursuant to such ordinance. This
   74  subsection does not limit the powers and duties provided for in
   75  s. 373.4592 or limit the powers and duties of any local
   76  government to address an emergency as provided for in chapter
   77  252.
   78         Section 2. This act shall take effect July 1, 2023.