SENATE AMENDMENT

    Bill No. CS for CS for SB 1904

    Amendment No.    

                            CHAMBER ACTION
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11  Senator Diaz-Balart moved the following amendment:

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13         Senate Amendment 

14         On page 16, lines 4-13, delete those lines

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16  and insert:

17         (6)  It is the intent of the Legislature to provide a

18  mechanism by which a farm operation may obtain a waiver or

19  variance from local government regulation of a farm activity

20  when such regulation imposes undue hardship on the farm

21  operation. Local governments shall establish procedures and

22  criteria for a waiver or variance from the application of

23  local regulations to a bona fide farm operation on land

24  classified as agricultural land pursuant to s. 193.461. A

25  local government may grant such waiver or variance based upon

26  competent factual data and information established by the

27  applicant that the activity subject to regulation is in

28  compliance with applicable state and federal requirements, and

29  the following circumstances exist:

30         (a)  Compliance with the local regulation will require

31  measures that, because of their extent or cost, impose undue

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1904

    Amendment No.    





 1  hardship on the farm operation;

 2         (b)  Alternative state or federal regulations,

 3  including implementation of Best Management Practices,

 4  substantially achieve the objective of the local regulation;

 5         (c)  The impact of the farm activity on adjacent land

 6  uses, if any, may be substantially mitigated by implementation

 7  of alternative measures; and

 8         (d)  Issuance of the waiver or variance will not be

 9  detrimental to the public health, welfare, and safety; will

10  not create a nuisance; and will not materially increase the

11  level of pollution from the subject activity.

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