FL
Florida House Bill H1361

Florida 2023 Regular Session

Florida House Bill H1361 Compare Versions

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1010 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
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1414 A bill to be entitled 1
1515 An act relating to organic material products; amending 2
1616 s. 823.14, F.S.; revising and providing definitions; 3
17-providing an effective date. 4
18- 5
19-Be It Enacted by the Legislature of the State of Florida: 6
20- 7
21- Section 1. Paragraphs (c), (d), and (e) of subsection (3) 8
22-of section 823.14, Florida Statutes, are amended, and paragraph 9
23-(g) is added to that subsection, to read: 10
24- 823.14 Florida Right to Farm Act. — 11
25- (3) DEFINITIONS.—As used in this section: 12
26- (c) "Farm" means the land, buildings, support facilities, 13
27-machinery, and other appurtenances used in the production of 14
28-farm, organic material, or aquaculture products. 15
29- (d) "Farm operation" means all conditions or acti vities by 16
30-the owner, lessee, agent, independent contractor, or supplier 17
31-which occur on a farm in connection with the production of farm, 18
32-honeybee, or apiculture products or in connection with 19
33-complementary agritourism activities , or the collection, 20
34-storage, processing, and distribution of organic material 21
35-products. These conditions and activities include, but are not 22
36-limited to, the marketing of farm products at roadside stands or 23
37-farm markets; the operation of machinery and irrigation pumps; 24
38-the generation of noise, odors, dust, fumes, and particle 25
17+prohibiting local governments from adopting any 4
18+ordinance, regulation, rule, or policy to prohibit, 5
19+restrict, regulate, or otherwise limit the collection, 6
20+storage, processing, or distribution of organic 7
21+material products; providing that such activities are 8
22+a bona fide farm operation and lands associated with 9
23+such activities are agricultural; providing an 10
24+effective date. 11
25+ 12
26+Be It Enacted by the Legislature of the State of Florida: 13
27+ 14
28+ Section 1. Paragraphs (c), (d), and (e) of subsection (3) 15
29+and subsection (6) of section 823.14, Florida Statutes, are 16
30+amended, and paragraph (g) is added to subsection (3) of that 17
31+section, to read: 18
32+ 823.14 Florida Right to Farm Act. — 19
33+ (3) DEFINITIONS.—As used in this section: 20
34+ (c) "Farm" means the land, buildings, support facilities, 21
35+machinery, and other appurtenances u sed in the production of 22
36+farm, organic material, or aquaculture products. 23
37+ (d) "Farm operation" means all conditions or activities by 24
38+the owner, lessee, agent, independent contractor, or supplier 25
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4747 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
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51-emissions; ground or aerial seeding and spraying; the placement 26
52-and operation of an apiary; the application of chemical 27
53-fertilizers, conditioners, insecticides, pesticides, and 28
54-herbicides; agritourism activities; and the employment and use 29
55-of labor. 30
56- (e) "Farm product" means any plant, as defined in s. 31
57-581.011, organic material, or animal or insect useful to humans 32
58-and includes, but is not limited to, any product derived 33
59-therefrom. 34
60- (g) "Organic material" means vegetative matter resulting 35
61-from landscaping maintenance or land clearing operations and 36
62-includes materials such as tree and shrub trimmings, grass 37
63-clippings, palm fronds, trees and tree stumps, and associated 38
64-rocks and soils, and may also include clean wo od. 39
65- Section 2. This act shall take effect July 1, 2023. 40
51+which occur on a farm in connection with the production of farm, 26
52+honeybee, or apiculture products or in connection with 27
53+complementary agritourism activities , or the collection, 28
54+storage, processing, and distribution of organic material 29
55+products. These conditions and activities include, but are not 30
56+limited to, the marketing of farm products at roadside stands or 31
57+farm markets; the operation of machinery and irrigation pumps; 32
58+the generation of noise, odors, dust, fumes, and particle 33
59+emissions; ground or aerial seeding and spraying; the placement 34
60+and operation of an api ary; the application of chemical 35
61+fertilizers, conditioners, insecticides, pesticides, and 36
62+herbicides; agritourism activities; and the employment and use 37
63+of labor. 38
64+ (e) "Farm product" means any plant, as defined in s. 39
65+581.011, organic material, or animal or insect useful to humans 40
66+and includes, but is not limited to, any product derived 41
67+therefrom. 42
68+ (g) "Organic material" means vegetative matter resulting 43
69+from landscaping maintenance or land clearing operations and 44
70+includes materials such as tree and shrub trimmings, grass 45
71+clippings, palm fronds, trees and tree stumps, and associated 46
72+rocks and soils, and may also include clean wood. 47
73+ (6) LIMITATION ON DUPLICATION OF GOVERNMENT REGULATION. —It 48
74+is the intent of the Legislature to eliminate duplication of 49
75+regulatory authority over farm operations as expressed in this 50
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84+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
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88+subsection. 51
89+ (a) Except as otherwise provided for in this section and 52
90+s. 487.051(2), and notwithstanding any other provision of law, a 53
91+local government may not adopt any ordinance, regulation, rule , 54
92+or policy to prohibit, restrict, regulate, or otherwise limit an 55
93+activity of a bona fide farm operation on land classified as 56
94+agricultural land pursuant to s. 193.461, where such activity is 57
95+regulated through implemented best management practices or 58
96+interim measures developed by the Department of Environmental 59
97+Protection, the Department of Agriculture and Consumer Services, 60
98+or water management districts and adopted under chapter 120 as 61
99+part of a statewide or regional program. 62
100+ (b) Except as otherwise pro vided in this section, and 63
101+notwithstanding any other provision of law, a local government 64
102+may not adopt any ordinance, regulation, rule, or policy to 65
103+prohibit, restrict, regulate, or otherwise limit the collection, 66
104+storage, processing, or distribution of o rganic material 67
105+products. For purposes of this section, the collection, storage, 68
106+processing, or distribution of organic material products are 69
107+deemed a bona fide farm operation and the lands associated with 70
108+the operation are deemed agricultural. 71
109+ (c) When an activity of a farm operation takes place 72
110+within a wellfield protection area as defined in any wellfield 73
111+protection ordinance adopted by a local government, and the 74
112+adopted best management practice or interim measure does not 75
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121+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
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125+specifically address wellfie ld protection, a local government 76
126+may regulate that activity pursuant to such ordinance. This 77
127+subsection does not limit the powers and duties provided for in 78
128+s. 373.4592 or limit the powers and duties of any local 79
129+government to address an emergency as prov ided for in chapter 80
130+252. 81
131+ Section 2. This act shall take effect July 1, 2023. 82