ENROLLED 2021 Legislature CS for SB 628, 1st Engrossed 2021628er 1 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. 26 27 Be It Enacted by the Legislature of the State of Florida: 28 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: 60 604.73 Urban 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. 94 95 The term does not include vegetable gardens, as defined in s. 96 604.71(4), for personal consumption on residential properties. 97 (4) URBAN AGRICULTURAL PILOT PROJECTS.— 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.