Florida 2025 Regular Session

Florida House Bill H0211 Compare Versions

Only one version of the bill is available at this time.
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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 farm products; amending s. 2
1616 163.3162, F.S.; revising the definition of the term 3
1717 "farm product"; providing that the collection, 4
1818 storage, processing, and distribution of a farm 5
1919 product is an activity of a bona fide farm operation 6
2020 which a governmental entity may not prohibit, 7
2121 restrict, regulate, or otherwise limit; reenacting s. 8
2222 163.3177(7)(b), F.S., relating to the definition of 9
2323 the term "rural agricultural industrial center," to 10
2424 incorporate the amendment made to s. 163.3162, F.S., 11
2525 in a reference thereto; providing an effective date. 12
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2727 Be It Enacted by the Legislature of the State of Florida: 14
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2929 Section 1. Paragraph (c) of subsection ( 2) and paragraph 16
3030 (a) of subsection (3) of section 163.3162, Florida Statutes, are 17
3131 amended to read: 18
3232 163.3162 Agricultural lands and practices. — 19
3333 (2) DEFINITIONS.—As used in this section, the term: 20
3434 (c) "Farm product" means plants and plant products any 21
3535 plant, as defined in s. 581.011, regardless of whether such 22
3636 plants and plant products are edible or nonedible, or any animal 23
3737 useful to humans and includes, but is not limited to, any 24
3838 product derived therefrom. 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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5151 (3) DUPLICATION OF REGULATION. —Except as otherwise 26
5252 provided in this section and s. 487.051(2), and notwithstanding 27
5353 any other law, including any provision of chapter 125 or this 28
5454 chapter: 29
5555 (a) A governmental entity may not exercise any of its 30
5656 powers to adopt or enforce any ordinance, resolution, 31
5757 regulation, rule, or policy to prohibit, restrict, regulate, or 32
5858 otherwise limit an activity of a bona fide farm operation , 33
5959 including, but not limited to, the collection, storage, 34
6060 processing, and distribution of a farm product, on land 35
6161 classified as agricultura l land pursuant to s. 193.461, if such 36
6262 activity is regulated through implemented best management 37
6363 practices, interim measures, or regulations adopted as rules 38
6464 under chapter 120 by the Department of Environmental Protection, 39
6565 the Department of Agriculture and Consumer Services, or a water 40
6666 management district as part of a statewide or regional program; 41
6767 or if such activity is expressly regulated by the United States 42
6868 Department of Agriculture, the United States Army Corps of 43
6969 Engineers, or the United States Enviro nmental Protection Agency. 44
7070 Section 2. For the purpose of incorporating the amendment 45
7171 made by this act to section 163.3162, Florida Statutes, in a 46
7272 reference thereto, paragraph (b) of subsection (7) of section 47
7373 163.3177, Florida Statutes, is reenacted to read: 48
7474 163.3177 Required and optional elements of comprehensive 49
7575 plan; studies and surveys. — 50
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8484 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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8888 (7) 51
8989 (b) As used in this subsection, the term "rural 52
9090 agricultural industrial center" means a developed parcel of land 53
9191 in an unincorporated area on which there ex ists an operating 54
9292 agricultural industrial facility or facilities that employ at 55
9393 least 200 full-time employees in the aggregate and process and 56
9494 prepare for transport a farm product, as defined in s. 163.3162, 57
9595 or any biomass material that could be used, dire ctly or 58
9696 indirectly, for the production of fuel, renewable energy, 59
9797 bioenergy, or alternative fuel as defined by law. The center may 60
9898 also include land contiguous to the facility site which is not 61
9999 used for the cultivation of crops, but on which other existing 62
100100 activities essential to the operation of such facility or 63
101101 facilities are located or conducted. The parcel of land must be 64
102102 located within, or within 10 miles of, a rural area of 65
103103 opportunity. 66
104104 Section 3. This act shall take effect July 1, 2025. 67