2021 Legislature                    CS for SB 628, 1st Engrossed
    2         An act relating to urban agriculture; amending s.
    3         604.40, F.S.; authorizing farm equipment used to
    4         transport farm products to be stored, maintained, or
    5         repaired within specified boundaries; exempting farm
    6         equipment used in urban agriculture from provisions
    7         requiring farm equipment to be located within
    8         specified boundaries; amending s. 604.50, F.S.;
    9         providing that nonresidential farm buildings, fences,
   10         or signs located on lands used for urban agriculture
   11         are not exempt from the Florida Building Code or local
   12         governmental regulations; defining the term “urban
   13         agriculture”; creating s. 604.73, F.S.; providing a
   14         short title; providing legislative findings and
   15         intent; defining terms; authorizing the Department of
   16         Agriculture and Consumer Services to approve municipal
   17         urban agricultural pilot projects; providing
   18         application requirements; providing for the number,
   19         duration, and renewal of pilot projects; requiring
   20         municipalities to submit annual reports to the
   21         department; requiring the department to submit an
   22         annual report to the Legislature; providing that urban
   23         agriculture is subject to specified municipal
   24         regulation under certain circumstances; providing an
   25         effective date.
   27  Be It Enacted by the Legislature of the State of Florida:
   29         Section 1. Section 604.40, Florida Statutes, is amended to
   30  read:
   31         604.40 Farm equipment.—
   32         (1) Notwithstanding any other law, ordinance, rule, or
   33  policy to the contrary, all power-drawn, power-driven, or self-
   34  propelled equipment used on a farm or used to transport farm
   35  products may be stored, maintained, or repaired by the owner
   36  within the boundaries of the owner’s farm and at least 50 feet
   37  away from any public road without limitation.
   38         (2)This section does not apply to farm equipment that is
   39  used in urban agriculture, as defined in s. 604.73(3).
   40         Section 2. Subsection (1) of section 604.50, Florida
   41  Statutes, is amended, and paragraph (e) is added to subsection
   42  (2) of that section, to read:
   43         604.50 Nonresidential farm buildings; farm fences; farm
   44  signs.—
   45         (1) Notwithstanding any provision of law to the contrary,
   46  any nonresidential farm building, farm fence, or farm sign that
   47  is located on lands used for bona fide agricultural purposes,
   48  not including those lands used for urban agriculture, is exempt
   49  from the Florida Building Code and any county or municipal code
   50  or fee, except for code provisions implementing local, state, or
   51  federal floodplain management regulations. A farm sign located
   52  on a public road may not be erected, used, operated, or
   53  maintained in a manner that violates any of the standards
   54  provided in s. 479.11(4), (5)(a), and (6)-(8).
   55         (2) As used in this section, the term:
   56         (e)“Urban agriculture” has the same meaning as in s.
   57  604.73(3).
   58         Section 3. Section 604.73, Florida Statutes, is created to
   59  read:
   60         604.73Urban agriculture pilot projects; local regulation
   61  of urban agriculture.—
   62         (1)SHORT TITLE.—This section shall be known and may be
   63  cited as the “Urban Agriculture Pilot Project Act.”
   64         (2)LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
   65  that, due to the application of laws relating to agricultural
   66  activities, it is necessary to distinguish between farms on
   67  traditional rural farm land and the emerging trends towards
   68  urban agriculture. The Legislature acknowledges that the “coming
   69  to the nuisance” defense is reversed when residents bring
   70  agricultural uses to already-established, dense urbanized areas,
   71  and that municipalities should retain the right to reasonably
   72  regulate urban agriculture to protect existing urban land uses.
   73  The Legislature recognizes the ability of urban agriculture to
   74  spur economic development by providing for fresh foods in city
   75  centers, community revitalization, and the adaptive reuse of
   76  vacant lands. It is the intent of the Legislature that local
   77  governments be authorized to create urban agriculture pilot
   78  projects to regulate urban agriculture under certain conditions
   79  and to determine the effectiveness and impact of the pilot
   80  projects on the farming operations in the selected dense
   81  urbanized land areas of the state.
   82         (3)DEFINITIONS.—As used in this section, the term:
   83         (a)“Department” means the Department of Agriculture and
   84  Consumer Services.
   85         (b)“Urban agriculture” means any new or existing
   86  noncommercial agricultural uses on land that is:
   87         1.Within a dense urban land area, as described in s.
   88  380.0651(3)(a);
   89         2. Not classified as agricultural pursuant to s. 193.461;
   90         3. Not zoned as agricultural as its principal use; and
   91         4. Designated by a municipality for inclusion in an urban
   92  agricultural pilot project that has been approved by the
   93  department.
   95  The term does not include vegetable gardens, as defined in s.
   96  604.71(4), for personal consumption on residential properties.
   98         (a) The department may approve five municipalities in which
   99  urban agricultural pilot projects that meet the requirements of
  100  this section and requirements adopted by department rule may be
  101  established. The rules adopted by the department must require,
  102  at a minimum, that a municipal applicant:
  103         1. Has a population of 250,000 or more.
  104         2. Submits to the department a proposal that includes a
  105  narrative description of the proposed pilot project, including
  106  the project location, farm products to be cultivated, community
  107  involvement, anticipated outcomes, nutrition and water use,
  108  fertilization management, and any other requirements specified
  109  by department rules.
  110         (b) A pilot project shall be approved for an initial 3-year
  111  period and may be renewed for additional 3-year periods by
  112  mutual agreement between the department and municipality.
  113         (c) A municipality shall submit a report providing a
  114  narrative explanation of the outcomes and impact of the pilot
  115  project to the department by January 1 for each year of the
  116  pilot project. The department shall submit a report on the
  117  outcomes and impacts of the pilot projects to the President of
  118  the Senate and Speaker of the House of Representatives.
  119         (5)LOCAL REGULATION.—Notwithstanding s. 604.50, s. 823.14,
  120  or any other law to the contrary, urban agriculture is subject
  121  to applicable municipal regulations if:
  122         (a)The urban agriculture activities occur on land included
  123  by a municipality in a pilot project approved by the department
  124  pursuant to this section.
  125         (b)The municipality duly enacts local regulations
  126  applicable to urban agriculture.
  127         (c)Before the reenactment of the regulations under
  128  paragraph (b), the municipality designates existing farm
  129  operations, as defined in s. 823.14(3)(b), within its
  130  jurisdiction as legally nonconforming.
  131         Section 4. This act shall take effect July 1, 2021.