Title: Agricultural Lands

Summary: Prohibiting a governmental entity from adopting or enforcing any prohibition, restriction, regulation, or other limitation or from charging a fee on a specific agricultural activity of a bona fide farm operation on land classified as agricultural land under certain circumstances; revising an exemption from the Florida Building Code and certain county and municipal code provisions and fees for nonresidential farm buildings, fences, and signs, etc.

Full Text:
An act relating to agricultural lands; amending s. 163.3162, F.S.; revising a definition; prohibiting a governmental entity from adopting or enforcing any prohibition, restriction, regulation, or other limitation or from charging a fee on a specific agricultural activity of a bona fide farm operation on land classified as agricultural land under certain circumstances; amending s. 604.50, F.S.; revising an exemption from the Florida Building Code and certain county and municipal code provisions and fees for nonresidential farm buildings, fences, and signs; limiting applicability of the exemption to such farm buildings, fences, and signs located on certain lands; defining the term  bona fide agricultural purposes ; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Paragraphs (b) through (j) of subsection (3) of section 163.3162, Florida Statutes, are redesignated as paragraphs (c) through (k), respectively, paragraph (d) of subsection (2) and paragraph (a) of subsection (3) are amended, and a new paragraph (b) is added to subsection (3) of that section, to read: 163.3162 Agricultural Lands and Practices.  (2) DEFINITIONS. As used in this section, the term: (d) Governmental entity  has the same meaning as provided in s. 164.1031. The term does not include a water management district, a water control district established under chapter,or a special district created by special act for water management purposes. (3) DUPLICATION OF REGULATION. Except as otherwise provided in this section and s. 487.051(2), and notwithstanding any other law, including any provision of chapter or this chapter: (a) A governmental entity county may not exercise any of its powers to adopt or enforce any ordinance, resolution, regulation, rule, or policy to prohibit, restrict, regulate, or otherwise limit an activity of a bona fide farm operation on land classified as agricultural land pursuant to s. 193.461, if such activity is regulated through implemented best management practices, interim measures, or regulations adopted as rules under chapter by the Department of Environmental Protection, the Department of Agriculture and Consumer Services, or a water management district as part of a statewide or regional program; or if such activity is expressly regulated by the United States Department of Agriculture, the United States Army Corps of Engineers, or the United States Environmental Protection Agency. (b) A governmental entity may not charge a fee on a specific agricultural activity of a bona fide farm operation on land classified as agricultural land pursuant to s. 193.461,if such agricultural activity is regulated through implemented best management practices, interim measures, or rules adopted under chapter by the Department of Environmental Protection, the Department of Agriculture and Consumer Services, or a water management district as part of a statewide or regional program or if such agricultural activity is expressly regulated by the United States Department of Agriculture, the United States Army Corps of Engineers, or the United States Environmental Protection Agency. Section 2. Section 604.50, Florida Statutes, is amended to read: 604.50 Nonresidential farm buildings; farm fences; farm signs.  (1) Notwithstanding any provision of law to the contrary, any nonresidential farm building, farm fence, or farm sign that is located on lands used for bona fide agricultural purposes is exempt from the Florida Building Code and any county or municipal code or fee, except for code provisions implementing local, state, or federal floodplain management regulations. A farm sign located on a public road may not be erected, used, operated, or maintained in a manner that violates any of the standards provided in s. 479.11(4), (5)(a), and (6)-(8). (2) As used in this section, the term: (a) Bona fide agricultural purposes  has the same meaning as provided in s. 193.461 (3)(b). (b) (a)  Farm  has the same meaning as provided in s. 823.14. (c) (b)  Farm sign  means a sign erected, used, or maintained on a farm by the owner or lessee of the farm which relates solely to farm produce, merchandise, or services sold, produced, manufactured, or furnished on the farm. (d) (c)  Nonresidential farm building  means any temporary or permanent building or support structure that is classified as a nonresidential farm building on a farm under s. 553.73(10)(c) or that is used primarily for agricultural purposes, is located on land that is an integral part of a farm operation or is classified as agricultural land under s. 193.461, and is not intended to be used as a residential dwelling. The term may include, but is not limited to, a barn, greenhouse, shade house, farm office, storage building, or poultry house. Section 3. This act shall take effect July 1, 2013.