HB 1075 2003
1	CHAMBER ACTION
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6	The Committee on Agriculture recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to the use of farm lands; creating s.
12	163.3162, F.S.; providing a popular name; providing
13	legislative findings and purpose with respect to
14	agricultural activities conducted on land in urban areas;
15	defining the terms "farm," "farm operation," and "farm
16	product" for purposes of the act; prohibiting a county
17	from adopting any ordinance, resolution, regulation, rule,
18	or policy to prohibit or otherwise limit a bona fide farm
19	or farm operation on certain land that is an integral part
20	of a farm operation or that is classified as agricultural
21	land; prohibiting a county from changing the land use
22	classification or zoning designation or lowering the
23	current residential density designation of agricultural
24	land unless the property owner is compensated by the
25	county; providing an effective date.
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27	Be It Enacted by the Legislature of the State of Florida:
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29	Section 1. Section 163.3162, Florida Statutes, is created
30	to read:
31	163.3162 Agricultural Lands and Practices Act.--
32	(1) POPULAR NAME.--This section shall be known by the
33	popular name the "Agricultural Lands and Practices Act."
34	(2) LEGISLATIVE FINDINGS AND PURPOSE.--The Legislature
35	finds that agricultural production is a major contributor to the
36	economy of the state; that agricultural lands constitute unique
37	and irreplaceable resources of statewide importance; that the
38	continuation of agricultural activities preserves the landscape
39	and environmental resources of the state, contributes to the
40	increase of tourism, and furthers the economic self-sufficiency
41	of the people of the state; and that the encouragement,
42	development, and improvement of agriculture will result in a
43	general benefit to the health, safety, and welfare of the people
44	of the state. The Legislature further finds that agricultural
45	activities conducted on farm land in urban areas are potentially
46	subject to restrictions imposed by counties which are
47	duplicative, overbearing, and unnecessary to protect the public
48	from perceived harm. It is the purpose of this act to protect
49	reasonable agricultural activities conducted on farm lands from
50	duplicative regulation.
51	(3) DEFINITIONS.--As used in this section, the term:
52	(a) "Farm" is as defined in s. 823.14.
53	(b) "Farm operation" is as defined in s. 823.14.
54	(c) "Farm product" means any plant, as defined in s.
55	581.011, or animal useful to humans and includes, but is not
56	limited to, any product derived therefrom.
57	(4) DUPLICATION OF REGULATION.--Except as otherwise
58	provided in this section and s. 487.051(2), and notwithstanding
59	any other law, including any provision of chapter 125 or this
60	chapter, a county may not exercise any of its powers to adopt
61	any ordinance, resolution, regulation, rule, or policy to
62	prohibit, restrict, regulate, or otherwise limit an activity of
63	a bona fide farm or farm operation, or deprive any owner or
64	operator of a full and complete use of lands and farm practices
65	for production of any farm product on land that is an integral
66	part of a farm operation or that is classified as agricultural
67	land pursuant to s. 193.461, if such activity is regulated
68	through best-management practices or by an existing state,
69	regional, or federal regulatory program.
70	(5) COMPENSATION REQUIRED.--A county may not change an
71	existing agricultural land use classification or zoning
72	designation or lower the current residential density designation
73	of land that is classified as agricultural land pursuant to s.
74	193.461 unless the property owner is compensated for the
75	subsequent loss of value by the county.
76	Section 2. This act shall take effect July 1, 2003.