Senate Bill sb1870

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2002                                  SB 1870

    By Senator Peaden





    1-1518-02                                               See HB

  1                      A bill to be entitled

  2         An act relating to the Florida Right to Farm

  3         Act; amending s. 823.14, F.S.; defining the

  4         term "abandoned vehicle"; providing that a

  5         local government may not prohibit an owner of a

  6         farm from maintaining certain vehicles within

  7         the land boundaries of the farm; providing an

  8         effective date.

  9

10  Be It Enacted by the Legislature of the State of Florida:

11

12         Section 1.  Present paragraphs (a), (b), (c), and (d)

13  of subsection (3) of section 823.14, Florida Statutes, are

14  redesignated as paragraphs (b), (c), (d), and (e),

15  respectively, a new paragraph (a) is added to that subsection,

16  and subsection (6) of that section is amended, to read:

17         823.14  Florida Right to Farm Act.--

18         (3)  DEFINITIONS.--As used in this section:

19         (a)  "Abandoned vehicle" means any motor vehicle or

20  agricultural equipment that does not have an identifiable

21  owner, has been disposed of on public or private property in a

22  wrecked, inoperative, or partially dismantled condition, and

23  has no apparent intrinsic value to the rightful owner.

24         (6)  LIMITATION ON DUPLICATION OF GOVERNMENT

25  REGULATION.--

26         (a)  It is the intent of the Legislature to eliminate

27  duplication of regulatory authority over farm operations as

28  expressed in this paragraph subsection. Except as otherwise

29  provided for in this section and s. 487.051(2), and

30  notwithstanding any other provision of law, a local government

31  may not adopt any ordinance, regulation, rule, or policy to

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 1870
    1-1518-02                                               See HB




  1  prohibit, restrict, regulate, or otherwise limit an activity

  2  of a bona fide farm operation on land classified as

  3  agricultural land pursuant to s. 193.461, where such activity

  4  is regulated through implemented best-management practices or

  5  interim measures developed by the Department of Environmental

  6  Protection, the Department of Agriculture and Consumer

  7  Services, or water management districts and adopted under

  8  chapter 120 as part of a statewide or regional program. When

  9  an activity of a farm operation takes place within a wellfield

10  protection area as defined in any wellfield protection

11  ordinance adopted by a local government, and the adopted

12  best-management practice or interim measure does not

13  specifically address wellfield protection, a local government

14  may regulate that activity pursuant to such ordinance. This

15  paragraph subsection does not limit the powers and duties

16  provided for in s. 373.4592 or limit the powers and duties of

17  any local government to address an emergency as provided for

18  in chapter 252.

19         (b)  A local government may not adopt any ordinance,

20  regulation, rule, or policy to prohibit an owner of a farm

21  from maintaining within the land boundaries of the farm any

22  motor vehicle or agricultural equipment that does not meet the

23  definition of abandoned vehicle pursuant to subsection (3).

24         Section 2.  This act shall take effect July 1, 2002.

25

26            *****************************************

27                       LEGISLATIVE SUMMARY

28
      For purposes of the Florida Right to Farm Act, defines
29    the term "abandoned vehicle" and provides that a local
      government may not prohibit a farm owner from maintaining
30    on the farm a motor vehicle or agricultural equipment
      that does not meet the definition of abandoned vehicle.
31

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CODING: Words stricken are deletions; words underlined are additions.