Florida Senate - 2013 SB 1190 By Senator Brandes 22-01221A-13 20131190__ 1 A bill to be entitled 2 An act relating to agricultural lands; amending s. 3 163.3162, F.S.; revising a definition; prohibiting a 4 governmental entity from adopting or enforcing any 5 prohibition, restriction, regulation, or other 6 limitation or from charging a fee on a specific 7 agricultural activity of a bona fide farm operation on 8 land classified as agricultural land under certain 9 circumstances; providing an effective date. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13 Section 1. Paragraphs (b) through (j) of subsection (3) of 14 section 163.3162, Florida Statutes, are redesignated as 15 paragraphs (c) through (k), respectively, paragraph (d) of 16 subsection (2) and paragraph (a) of subsection (3) are amended, 17 and a new paragraph (b) is added to subsection (3) of that 18 section, to read: 19 163.3162 Agricultural Lands and Practices.— 20 (2) DEFINITIONS.—As used in this section, the term: 21 (d) “Governmental entity” has the same meaning as provided 22 in s. 164.1031. The term does not include a water management 23 district, a water control district established under chapter 24 298, or a special district created by special act for water 25 management purposes. 26 (3) DUPLICATION OF REGULATION.—Except as otherwise provided 27 in this section and s. 487.051(2), and notwithstanding any other 28 law, including any provision of chapter 125 or this chapter: 29 (a) A governmental entity
countymay not exercise any of 30 its powers to adopt or enforce any ordinance, resolution, 31 regulation, rule, or policy to prohibit, restrict, regulate, or 32 otherwise limit an activity of a bona fide farm operation on 33 land classified as agricultural land pursuant to s. 193.461, if 34 such activity is regulated through implemented best management 35 practices, interim measures, or regulations adopted as rules 36 under chapter 120 by the Department of Environmental Protection, 37 the Department of Agriculture and Consumer Services, or a water 38 management district as part of a statewide or regional program; 39 or if such activity is expressly regulated by the United States 40 Department of Agriculture, the United States Army Corps of 41 Engineers, or the United States Environmental Protection Agency. 42 (b) A governmental entity may not charge a fee on a 43 specific agricultural activity of a bona fide farm operation on 44 land classified as agricultural land pursuant to s. 193.461, if 45 such agricultural activity is regulated through implemented best 46 management practices, interim measures, or rules adopted under 47 chapter 120 by the Department of Environmental Protection, the 48 Department of Agriculture and Consumer Services, or a water 49 management district as part of a statewide or regional program 50 or if such agricultural activity is expressly regulated by the 51 United States Department of Agriculture, the United States Army 52 Corps of Engineers, or the United States Environmental 53 Protection Agency. 54 Section 2. This act shall take effect July 1, 2013.