HOUSE AMENDMENT Bill No. HB 1075 CS
1	CHAMBER ACTION
2	Senate House
3	.
4	.
5	.
6
7
8
9
10
11
12	Representative Poppell offered the following:
13
14	Amendment (with title amendment)
15	Remove line(s) 44-75, and insert:
16	of the state. It is the purpose of this act to protect
17	reasonable agricultural activities conducted on farm lands from
18	duplicative regulation.
19	(3) DEFINITIONS.--As used in this section, the term:
20	(a) "Farm" is as defined in s. 823.14.
21	(b) "Farm operation" is as defined in s. 823.14.
22	(c) "Farm product" means any plant, as defined in s.
23	581.011, or animal useful to humans and includes, but is not
24	limited to, any product derived therefrom.
25	(4) DUPLICATION OF REGULATION.--Except as otherwise
26	provided in this section and s. 487.051(2), and notwithstanding
27	any other law, including any provision of chapter 125 or this
28	chapter, a county may not exercise any of its powers to adopt
29	any ordinance, resolution, regulation, rule, or policy to
30	prohibit, restrict, regulate, or otherwise limit an activity of
31	a bona fide farm operation on land that is an integral part of a
32	farm operation or land classified as agricultural land pursuant
33	to s. 193.461, if such activity is regulated through implemented
34	best-management practices, interim measures, or regulations
35	developed by the Department of Environmental Protection, the
36	Department of Agriculture and Consumer Services, or water
37	management districts and adopted under chapter 120 as part of a
38	statewide or regional program or if such activity is expressly
39	regulated by the United States Department of Agriculture, the
40	United States Army Corps of Engineers, or the United States
41	Environmental Protection Agency.
42	(a) When an activity of a farm operation takes place
43	within a wellfield protection area, as defined in any wellfield
44	protection ordinance adopted by a local government, and the
45	implemented best-management practice, interim measure, or
46	regulation does not specifically address wellfield protection, a
47	local government may regulate that activity pursuant to such
48	ordinance. This subsection does not limit the powers and duties
49	provided for in s. 373.4592 or limit the powers and duties of
50	any local government to address an emergency as provided for in
51	chapter 252.
52	(b) This subsection may not be construed to permit an
53	existing farm operation to change to a more excessive farm
54	operation with regard to traffic, noise, odor, dust, or fumes
55	where the existing farm operation is adjacent to an established
56	homestead or business on March 15, 1982.
57	(c) This subsection does not limit the powers of a
58	predominantly urbanized county with a population greater than
59	1,500,000 and more than 25 municipalities that is not operating
60	under a home rule charter adopted pursuant to ss. 10, 11, and
61	24, Art. VIII of the Constitution of 1885, as preserved by s.
62	6(e), Art. VIII of the Constitution of 1968, that has a
63	delegated pollution control program under s. 403.182, and
64	includes drainage basins that are part of the Everglades
65	Stormwater Program, to enact ordinances, regulations, or other
66	measures to comply with the provisions of s. 373.4592 or which
67	are necessary for carrying out a county’s duties pursuant to the
68	terms and conditions of any environmental program delegated to
69	the county by agreement with a state agency.
70	(d) For the purposes of this subsection, a county
71	ordinance which regulates the transportation or land application
72	of domestic wastewater residuals or other forms of sewage sludge
73	shall not be deemed a duplication of regulation.
74
75
76
77	================= T I T L E A M E N D M E N T =================
78	Remove line(s) 16-25, and insert:
79	product” for purposes of the act; providing powers of certain
80	counties; prohibiting duplication of regulation; providing
81	construction; providing an effective date.
82