HB 1361 2023
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hb1361-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to organic material products; amending 2
s. 823.14, F.S.; revising and providing definitions; 3
prohibiting local governments from adopting any 4
ordinance, regulation, rule, or policy to prohibit, 5
restrict, regulate, or otherwise limit the collection, 6
storage, processing, or distribution of organic 7
material products; providing that such activities are 8
a bona fide farm operation and lands associated with 9
such activities are agricultural; providing an 10
effective date. 11
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Be It Enacted by the Legislature of the State of Florida: 13
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Section 1. Paragraphs (c), (d), and (e) of subsection (3) 15
and subsection (6) of section 823.14, Florida Statutes, are 16
amended, and paragraph (g) is added to subsection (3) of that 17
section, to read: 18
823.14 Florida Right to Farm Act. — 19
(3) DEFINITIONS.—As used in this section: 20
(c) "Farm" means the land, buildings, support facilities, 21
machinery, and other appurtenances u sed in the production of 22
farm, organic material, or aquaculture products. 23
(d) "Farm operation" means all conditions or activities by 24
the owner, lessee, agent, independent contractor, or supplier 25
HB 1361 2023
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hb1361-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
which occur on a farm in connection with the production of farm, 26
honeybee, or apiculture products or in connection with 27
complementary agritourism activities , or the collection, 28
storage, processing, and distribution of organic material 29
products. These conditions and activities include, but are not 30
limited to, the marketing of farm products at roadside stands or 31
farm markets; the operation of machinery and irrigation pumps; 32
the generation of noise, odors, dust, fumes, and particle 33
emissions; ground or aerial seeding and spraying; the placement 34
and operation of an api ary; the application of chemical 35
fertilizers, conditioners, insecticides, pesticides, and 36
herbicides; agritourism activities; and the employment and use 37
of labor. 38
(e) "Farm product" means any plant, as defined in s. 39
581.011, organic material, or animal or insect useful to humans 40
and includes, but is not limited to, any product derived 41
therefrom. 42
(g) "Organic material" means vegetative matter resulting 43
from landscaping maintenance or land clearing operations and 44
includes materials such as tree and shrub trimmings, grass 45
clippings, palm fronds, trees and tree stumps, and associated 46
rocks and soils, and may also include clean wood. 47
(6) LIMITATION ON DUPLICATION OF GOVERNMENT REGULATION. —It 48
is the intent of the Legislature to eliminate duplication of 49
regulatory authority over farm operations as expressed in this 50
HB 1361 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
subsection. 51
(a) Except as otherwise provided for in this section and 52
s. 487.051(2), and notwithstanding any other provision of law, a 53
local government may not adopt any ordinance, regulation, rule , 54
or policy to prohibit, restrict, regulate, or otherwise limit an 55
activity of a bona fide farm operation on land classified as 56
agricultural land pursuant to s. 193.461, where such activity is 57
regulated through implemented best management practices or 58
interim measures developed by the Department of Environmental 59
Protection, the Department of Agriculture and Consumer Services, 60
or water management districts and adopted under chapter 120 as 61
part of a statewide or regional program. 62
(b) Except as otherwise pro vided in this section, and 63
notwithstanding any other provision of law, a local government 64
may not adopt any ordinance, regulation, rule, or policy to 65
prohibit, restrict, regulate, or otherwise limit the collection, 66
storage, processing, or distribution of o rganic material 67
products. For purposes of this section, the collection, storage, 68
processing, or distribution of organic material products are 69
deemed a bona fide farm operation and the lands associated with 70
the operation are deemed agricultural. 71
(c) When an activity of a farm operation takes place 72
within a wellfield protection area as defined in any wellfield 73
protection ordinance adopted by a local government, and the 74
adopted best management practice or interim measure does not 75
HB 1361 2023
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hb1361-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
specifically address wellfie ld protection, a local government 76
may regulate that activity pursuant to such ordinance. This 77
subsection does not limit the powers and duties provided for in 78
s. 373.4592 or limit the powers and duties of any local 79
government to address an emergency as prov ided for in chapter 80
252. 81
Section 2. This act shall take effect July 1, 2023. 82