CS/CS/CS/HB 1133

1	A bill to be entitled
2	An act relating to agriculture; amending s. 163.3162,
3	F.S.; prohibiting a county from enforcing certain limits
4	on the activity of a bona fide farm operation on
5	agricultural land under certain circumstances; prohibiting
6	a county from charging agricultural lands for stormwater
7	management assessments and fees under certain
8	circumstances; exempting certain wetland protection
9	ordinances, regulations, and rules adopted before a
10	specified date from provisions restricting a county's
11	powers over the activity on agricultural land; creating s.
12	163.3163, F.S.; creating the "Agricultural Land
13	Acknowledgement Act"; providing legislative findings and
14	intent; providing definitions; requiring an applicant for
15	certain development permits to sign and submit an
16	acknowledgement of neighboring agricultural land as a
17	condition of the political subdivision issuing the
18	permits; specifying information to be included in the
19	acknowledgement; requiring that the acknowledgement be
20	permanently maintained as a public record; amending s.
21	604.50, F.S.; exempting farm fences from the Florida
22	Building Code; exempting nonresidential farm buildings and
23	farm fences from county and municipal codes and fees;
24	specifying that the exemptions do not apply to code
25	provisions implementing certain floodplain regulations;
26	amending s. 689.261, F.S.; requiring certain prospective
27	purchasers of residential property to be presented with a
28	copy of an acknowledgement of neighboring agricultural
29	land at or before execution of the contract for sale;
30	providing an effective date.
31
32	Be It Enacted by the Legislature of the State of Florida:
33
34	Section 1.  Subsection (4) of section 163.3162, Florida
35	Statutes, is amended to read:
36	163.3162  Agricultural Lands and Practices Act.--
37	(4)  DUPLICATION OF REGULATION.--Except as otherwise
38	provided in this section and s. 487.051(2), and notwithstanding
39	any other law, including any provision of chapter 125 or this
40	chapter, a county may not exercise any of its powers to adopt or
41	enforce any ordinance, resolution, regulation, rule, or policy
42	to prohibit, restrict, regulate, or otherwise limit an activity
43	of a bona fide farm operation on land classified as agricultural
44	land pursuant to s. 193.461, if such activity is regulated
45	through implemented best management practices, interim measures,
46	or regulations adopted as rules under chapter 120 developed by
47	the Department of Environmental Protection, the Department of
48	Agriculture and Consumer Services, or a water management
49	district and adopted under chapter 120 as part of a statewide or
50	regional program; or if such activity is expressly regulated by
51	the United States Department of Agriculture, the United States
52	Army Corps of Engineers, or the United States Environmental
53	Protection Agency. A county may not charge an assessment or fee
54	for stormwater management on land classified as agricultural
55	land pursuant to s. 193.461, if the agricultural operation has a
56	National Pollutant Discharge Elimination System permit,
57	environmental resource permit, or works-of-the-district permit
58	or implements best management practices adopted as rules under
59	chapter 120 by the Department of Environmental Protection, the
60	Department of Agriculture and Consumer Services, or a water
61	management district as part of a statewide or regional program.
62	(a)  When an activity of a farm operation takes place
63	within a wellfield protection area as defined in any wellfield
64	protection ordinance adopted by a county, and the implemented
65	best management practice, regulation, or interim measure does
66	not specifically address wellfield protection, a county may
67	regulate that activity pursuant to such ordinance. This
68	subsection does not limit the powers and duties provided for in
69	s. 373.4592 or limit the powers and duties of any county to
70	address an emergency as provided for in chapter 252.
71	(b)  This subsection may not be construed to permit an
72	existing farm operation to change to a more excessive farm
73	operation with regard to traffic, noise, odor, dust, or fumes
74	where the existing farm operation is adjacent to an established
75	homestead or business on March 15, 1982.
76	(c)  This subsection does not limit the powers of a
77	predominantly urbanized county with a population greater than
78	1,500,000 and more than 25 municipalities, not operating under a
79	home rule charter adopted pursuant to ss. 10, 11, and 24, Art.
80	VIII of the Constitution of 1885, as preserved by s. 6(e), Art.
81	VIII of the Constitution of 1968, which has a delegated
82	pollution control program under s. 403.182 and includes drainage
83	basins that are part of the Everglades Stormwater Program, to
84	enact ordinances, regulations, or other measures to comply with
85	the provisions of s. 373.4592, or which are necessary to
86	carrying out a county's duties pursuant to the terms and
87	conditions of any environmental program delegated to the county
88	by agreement with a state agency.
89	(d)  For purposes of this subsection, a county ordinance
90	that regulates the transportation or land application of
91	domestic wastewater residuals or other forms of sewage sludge
92	shall not be deemed to be duplication of regulation.
93	(e)  This subsection does not limit a county's powers to
94	enforce its applicable wetland protection ordinances,
95	regulations, or rules adopted before January 1, 2009.
96	Section 2.  Section 163.3163, Florida Statutes, is created
97	to read:
98	163.3163  Applications for development permits; disclosure
99	and acknowledgement of neighboring agricultural land.--
100	(1)  This section may be cited as the "Agricultural Land
101	Acknowledgement Act."
102	(2)  The Legislature finds that nonagricultural land which
103	neighbors agricultural land may adversely affect agricultural
104	production and farm operations on the agricultural land and may
105	lead to the agricultural land's conversion to urban, suburban,
106	or other nonagricultural uses. The Legislature intends to
107	preserve and encourage agricultural land use and to reduce the
108	occurrence of conflicts between agricultural and nonagricultural
109	land uses. The purpose of this section is to give notice to a
110	residential land purchaser before the contract for sale, or to
111	an applicant for a local land use permit, building permit, or
112	certificate of occupancy before issuance of a permit or
113	certificate, that the land neighbors agricultural land and that
114	certain generally accepted agricultural practices will take
115	place.
116	(3)  As used in this section, the term:
117	(a)  "Agricultural land" means land classified as
118	agricultural land pursuant to s. 193.461.
119	(b)  "Contiguous" means touching, bordering, or adjoining
120	along a boundary. For purposes of this section, properties
121	separated only by a roadway, railroad, or other public easement
122	are considered contiguous.
123	(c)  "Farm operation" has the same meaning as defined in s.
124	823.14.
125	(4)(a)  Before a political subdivision issues a local land
126	use permit, building permit, or certificate of occupancy for
127	nonagricultural land contiguous to agricultural land, the
128	political subdivision shall require that, as a condition of
129	issuing the permit or certificate, the applicant for the permit
130	or certificate sign and submit to the political subdivision a
131	written acknowledgement of neighboring agricultural land in the
132	following form:
133
134	ACKNOWLEDGEMENT OF NEIGHBORING AGRICULTURAL LAND
135
136	I, ...(name of applicant)..., understand that my property
137	located at ...(address of nonagricultural land)... is
138	contiguous to agricultural land located at ...(address of
139	agricultural land)....
140	I acknowledge and understand that the farm operation
141	on the neighboring agricultural land identified herein
142	will be conducted according to generally accepted
143	agricultural practices as provided in the Florida Right to
144	Farm Act, s. 823.14, Florida Statutes."
145	Signature: ...(signature of applicant)....
146	Date: ...(date)....
147
148	(b)  An acknowledgement submitted to a political
149	subdivision under paragraph (a) is a public record and shall be
150	maintained by the political subdivision as a permanent record.
151	Section 3.  Section 604.50, Florida Statutes, is amended to
152	read:
153	604.50  Nonresidential farm buildings and farm
154	fences.--Notwithstanding any other law to the contrary, any
155	nonresidential farm building or farm fence is exempt from the
156	Florida Building Code and any county or municipal building code
157	or fee, except for code provisions implementing local, state, or
158	federal floodplain management regulations. For purposes of this
159	section, the term "nonresidential farm building" means any
160	building or support structure that is used for agricultural
161	purposes, is located on a farm that is not used as a residential
162	dwelling, and is located on land that is an integral part of a
163	farm operation or is classified as agricultural land under s.
164	193.461. The term "farm" is as defined in s. 823.14.
165	Section 4.  Subsection (3) is added to section 689.261,
166	Florida Statutes, to read:
167	689.261  Sale of residential property; disclosure of ad
168	valorem taxes and neighboring agricultural land to prospective
169	purchaser.--
170	(3)  A prospective purchaser of residential property
171	contiguous to agricultural land must be presented with a copy of
172	the acknowledgement of neighboring agricultural land required
173	pursuant to s. 163.3163 at or before execution of the contract
174	for sale.
175	Section 5.  This act shall take effect July 1, 2009.

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