Senate Bill sb1660

    Florida Senate - 2003                                  SB 1660

    By Senators Argenziano, Alexander, Dockery, Peaden, Lynn,
    Webster, Bennett, Fasano and Posey




    3-765B-03

  1                      A bill to be entitled

  2         An act relating to the use of farm lands;

  3         creating s. 163.3162, F.S.; providing a short

  4         title; providing legislative findings and

  5         purpose with respect to agricultural activities

  6         conducted on land in urban areas; defining the

  7         terms "farm," "farm operation," and "farm

  8         product" for purposes of the act; prohibiting a

  9         local government from adopting any ordinance,

10         resolution, regulation, rule, or policy to

11         prohibit or otherwise limit a bona fide farm or

12         farm operation on certain land that is an

13         integral part of a farm operation or that is

14         classified as agricultural land; prohibiting a

15         local government from changing the land use

16         classification or zoning designation of such

17         agricultural land without a written agreement

18         from the affected landowner; providing an

19         effective date.

20

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

22

23         Section 1.  Section 163.3162, Florida Statutes, is

24  created to read:

25         163.3162  Agricultural Lands and Practices Act.--

26         (1)  SHORT TITLE.--This section may be cited as the

27  "Agricultural Lands and Practices Act."

28         (2)  LEGISLATIVE FINDINGS AND PURPOSE.--The Legislature

29  finds that agricultural production is a major contributor to

30  the economy of the state; that agricultural lands constitute

31  unique and irreplaceable resources of statewide importance;

                                  1

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






    Florida Senate - 2003                                  SB 1660
    3-765B-03




  1  that the continuation of agricultural activities preserves the

  2  landscape and environmental resources of the state,

  3  contributes to the increase of tourism, and furthers the

  4  economic self-sufficiency of the people of the state; and that

  5  the encouragement, development, improvement, and preservation

  6  of agriculture will result in a general benefit to the health,

  7  safety, and welfare of the people of the state. The

  8  Legislature further finds that agricultural activities

  9  conducted on farm land in urban areas are potentially subject

10  to restrictions imposed by local governments which are

11  duplicative, overbearing, and unnecessary to protect the

12  public from perceived harm. It is the purpose of this act to

13  protect reasonable agricultural activities conducted on farm

14  lands from duplicative regulation.

15         (3)  DEFINITIONS.--As used in this section, the term:

16         (a)  "Farm" is as defined in s. 823.14.

17         (b)  "Farm operation" is as defined in s. 823.14.

18         (c)  "Farm product" means any plant, as defined in s.

19  581.011, or animal useful to humans and includes, but is not

20  limited to, any product derived therefrom.

21         (4)  DUPLICATION OF REGULATION.--Except as otherwise

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

23  notwithstanding any other law, including any provision of

24  chapter 125 or this chapter, a local government may not

25  exercise any of its powers to adopt any ordinance, resolution,

26  regulation, rule, or policy to prohibit, restrict, regulate,

27  or otherwise limit an activity of a bona fide farm or farm

28  operation, or deprive any owner or operator of a full and

29  complete use of lands and farm practices for production of any

30  farm product on land that is an integral part of a farm

31  operation or that is classified as agricultural land pursuant

                                  2

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






    Florida Senate - 2003                                  SB 1660
    3-765B-03




  1  to s. 193.461, if such activity is regulated through

  2  best-management practices or by an existing state, regional,

  3  or federal regulatory program.

  4         (5)  WRITTEN AGREEMENT REQUIRED.--A local government

  5  may not change the land use classification or the zoning

  6  designation of land that is an integral part of a farm

  7  operation or that is classified as agricultural land pursuant

  8  to s. 193.461 unless it receives written agreement for the

  9  change from the affected landowner.

10         Section 2.  This act shall take effect July 1, 2003.

11

12            *****************************************

13                          SENATE SUMMARY

14    Creates the Agricultural Lands and Practices Act.
      Prohibits a local government from adopting any ordinance,
15    resolution, regulation, rule, or policy to prohibit or
      otherwise limit a bona fide farm or farm operation on
16    land that is an integral part of a farm operation or that
      is classified as agricultural land if the activity is
17    regulated through best-management practices or by a
      state, regional, or federal regulatory program. Prohibits
18    a local government from changing the land use
      classification or zoning designation of such agricultural
19    land without written agreement from the affected
      landowner. (See bill for details.)
20

21

22

23

24

25

26

27

28

29

30

31

                                  3

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