Florida Senate - 2021                                     SB 628
       By Senator Rouson
       19-00815-21                                            2021628__
    1                        A bill to be entitled                      
    2         An act relating to urban agriculture; amending s.
    3         604.40, F.S.; exempting farm equipment used in urban
    4         agriculture from certain provisions requiring farm
    5         equipment to be located a specified distance from a
    6         public road; amending s. 604.50, F.S.; providing that
    7         nonresidential farm buildings, fences, or signs
    8         located on lands used for urban agriculture are not
    9         exempt from the Florida Building Code or local
   10         governmental regulations; defining the term “urban
   11         agriculture”; creating s. 604.73, F.S.; providing a
   12         short title; providing legislative findings and
   13         intent; defining the term “urban agriculture”;
   14         expressly preserving local governmental authority to
   15         regulate urban agriculture under certain
   16         circumstances; providing an effective date.
   18  Be It Enacted by the Legislature of the State of Florida:
   20         Section 1. Section 604.40, Florida Statutes, is amended to
   21  read:
   22         604.40 Farm equipment.—
   23         (1) Notwithstanding any other law, ordinance, rule, or
   24  policy to the contrary, all power-drawn, power-driven, or self
   25  propelled equipment used on a farm may be stored, maintained, or
   26  repaired by the owner within the boundaries of the owner’s farm
   27  and at least 50 feet away from any public road without
   28  limitation.
   29         (2)This section does not apply to farm equipment that is
   30  used in urban agriculture, as defined in s. 604.73.
   31         Section 2. Subsection (1) of section 604.50, Florida
   32  Statutes, is amended, and paragraph (e) is added to subsection
   33  (2) of that section, to read:
   34         604.50 Nonresidential farm buildings; farm fences; farm
   35  signs.—
   36         (1) Notwithstanding any provision of law to the contrary,
   37  any nonresidential farm building, farm fence, or farm sign that
   38  is located on lands used for bona fide agricultural purposes,
   39  not including those lands used for urban agriculture, is exempt
   40  from the Florida Building Code and any county or municipal code
   41  or fee, except for code provisions implementing local, state, or
   42  federal floodplain management regulations. A farm sign located
   43  on a public road may not be erected, used, operated, or
   44  maintained in a manner that violates any of the standards
   45  provided in s. 479.11(4), (5)(a), and (6)-(8).
   46         (2) As used in this section, the term:
   47         (e)“Urban agriculture” has the same meaning as in s.
   48  604.73.
   49         Section 3. Section 604.73, Florida Statutes, is created to
   50  read:
   51         604.73 Local regulation of urban agriculture.—
   52         (1)SHORT TITLE.—This section shall be known and may be
   53  cited as the “Florida Urban Agriculture Act.”
   54         (2)LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
   55  that, due to the application of laws relating to agricultural
   56  activities, it is necessary to distinguish between farms on
   57  traditional rural farm land and the emerging trends towards
   58  urban agriculture. The Legislature acknowledges that the “coming
   59  to the nuisance” defense is reversed when residents bring
   60  agricultural uses to already-established, dense urbanized areas,
   61  and that municipalities should retain the right to reasonably
   62  regulate urban agriculture to protect existing urban land uses.
   63  The Legislature recognizes the ability of urban agriculture to
   64  spur economic development by providing for fresh foods in city
   65  centers, community revitalization, and the adaptive reuse of
   66  vacant lands. It is the intent of the Legislature that local
   67  governments retain authority to regulate urban agriculture under
   68  certain conditions, which will further the growth of farmland
   69  and promote the establishment of new farms and agricultural uses
   70  within dense urbanized land areas of this state.
   71         (3)DEFINITION.—As used in this section, the term “urban
   72  agriculture” means any new or existing food cultivation on a
   73  piece of land within a dense urban land area, as described in s.
   74  380.0651(3)(a), for recreational, residential, community,
   75  commercial, or not-for-profit gardening or farming purposes. The
   76  term applies to urban land that is not designated or zoned for
   77  agriculture as a principal use. The term does not include
   78  vegetable gardens, as defined in s. 604.71(4), for personal
   79  consumption on residential properties.
   80         (4)LOCAL REGULATION.—Notwithstanding s. 823.14 or any
   81  other law to the contrary, urban agriculture is subject to the
   82  land use, building, and other regulations of a county,
   83  municipality, or other political subdivision of the state,
   84  regardless of the property’s agricultural classification
   85  pursuant to s. 193.461, where:
   86         (a)There is a land use or zoning regulation duly enacted
   87  to allow for urban agriculture; and
   88         (b)The regulation designates existing farm operations, as
   89  defined in s. 823.14(3)(b), as legally nonconforming before the
   90  regulation’s adoption.
   91         Section 4. This act shall take effect July 1, 2021.