Bill Amendment: FL S0628 | 2021 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Urban Agriculture
Status: 2021-06-18 - Chapter No. 2021-115 [S0628 Detail]
Download: Florida-2021-S0628-Senate_Committee_Amendment_372958.html
Bill Title: Urban Agriculture
Status: 2021-06-18 - Chapter No. 2021-115 [S0628 Detail]
Download: Florida-2021-S0628-Senate_Committee_Amendment_372958.html
Florida Senate - 2021 COMMITTEE AMENDMENT Bill No. SB 628 Ì372958YÎ372958 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Rules (Rouson) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 25 - 90 4 and insert: 5 propelled equipment used on a farm or used to transport farm 6 products may be stored, maintained, or repaired by the owner 7 within the boundaries of the owner’s farm and at least 50 feet 8 away from any public road without limitation. 9 (2) This section does not apply to farm equipment that is 10 used in urban agriculture, as defined in s. 604.73(3). 11 Section 2. Subsection (1) of section 604.50, Florida 12 Statutes, is amended, and paragraph (e) is added to subsection 13 (2) of that section, to read: 14 604.50 Nonresidential farm buildings; farm fences; farm 15 signs.— 16 (1) Notwithstanding any provision of law to the contrary, 17 any nonresidential farm building, farm fence, or farm sign that 18 is located on lands used for bona fide agricultural purposes, 19 not including those lands used for urban agriculture, is exempt 20 from the Florida Building Code and any county or municipal code 21 or fee, except for code provisions implementing local, state, or 22 federal floodplain management regulations. A farm sign located 23 on a public road may not be erected, used, operated, or 24 maintained in a manner that violates any of the standards 25 provided in s. 479.11(4), (5)(a), and (6)-(8). 26 (2) As used in this section, the term: 27 (e) “Urban agriculture” has the same meaning as in s. 28 604.73(3). 29 Section 3. Section 604.73, Florida Statutes, is created to 30 read: 31 604.73 Urban agriculture pilot projects; local regulation 32 of urban agriculture.— 33 (1) SHORT TITLE.—This section shall be known and may be 34 cited as the “Urban Agriculture Pilot Project Act.” 35 (2) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds 36 that, due to the application of laws relating to agricultural 37 activities, it is necessary to distinguish between farms on 38 traditional rural farm land and the emerging trends towards 39 urban agriculture. The Legislature acknowledges that the “coming 40 to the nuisance” defense is reversed when residents bring 41 agricultural uses to already-established, dense urbanized areas, 42 and that municipalities should retain the right to reasonably 43 regulate urban agriculture to protect existing urban land uses. 44 The Legislature recognizes the ability of urban agriculture to 45 spur economic development by providing for fresh foods in city 46 centers, community revitalization, and the adaptive reuse of 47 vacant lands. It is the intent of the Legislature that local 48 governments be authorized to create urban agriculture pilot 49 projects to regulate urban agriculture under certain conditions 50 and to determine the effectiveness and impact of the pilot 51 projects on the farming operations in the selected dense 52 urbanized land areas of the state. 53 (3) DEFINITIONS.—As used in this section, the term: 54 (a) “Department” means the Department of Agriculture and 55 Consumer Services. 56 (b) “Urban agriculture” means any new or existing 57 noncommercial agricultural uses on land that is: 58 1. Within a dense urban land area, as described in s. 59 380.0651(3)(a). 60 2. Not classified as agricultural pursuant to s. 193.461. 61 3. Not zoned as agricultural as its principal use. 62 4. Designated by a municipality for inclusion in an urban 63 agricultural pilot project that has been approved by the 64 department. 65 66 The term does not include vegetable gardens, as defined in s. 67 604.71(4), for personal consumption on residential properties. 68 (4) URBAN AGRICULTURAL PILOT PROJECTS.— 69 (a) The department may approve five urban agricultural 70 pilot projects that meet the requirements of this section and 71 requirements adopted by department rule. The rules adopted by 72 the department must require, at a minimum, that a municipal 73 applicant: 74 1. Has a population of 250,000 or more. 75 2. Submits to the department a proposal that includes a 76 narrative description of the proposed pilot project, including 77 the project location, farm products to be cultivated, community 78 involvement, anticipated outcomes, nutrition and water use, 79 fertilization management, and any other requirements specified 80 by department rules. 81 (b) A pilot project shall be approved for an initial 3-year 82 period and may be renewed for additional 3-year periods by 83 mutual agreement between the department and municipality. 84 (c) At the end of the first 3-year period, the department 85 may increase the number of pilot projects to ten. 86 (d) A municipality shall submit a report providing a 87 narrative explanation of the outcomes and impact of the pilot 88 project to the department by January 1 for each year of the 89 pilot project. The department shall submit a report on the 90 outcomes and impacts of the pilot projects to the President of 91 the Senate and Speaker of the House of Representatives. 92 (5) LOCAL REGULATION.—Notwithstanding s. 604.50, s. 823.14, 93 or any other law to the contrary, urban agriculture is subject 94 to applicable municipal regulations if: 95 (a) The urban agriculture activities occur on land included 96 by a municipality in a pilot project approved by the department 97 pursuant to this section. 98 (b) The municipality duly enacts local regulations 99 applicable to urban agriculture. 100 (c) Before the reenactment of the regulations under 101 paragraph (b), the municipality designates existing farm 102 operations, as defined in s. 823.14(3)(b), within its 103 jurisdiction as legally nonconforming. 104 105 ================= T I T L E A M E N D M E N T ================ 106 And the title is amended as follows: 107 Delete lines 3 - 15 108 and insert: 109 604.40, F.S.; authorizing farm equipment used to 110 transport farm products to be stored, maintained, or 111 repaired within specified boundaries; exempting farm 112 equipment used in urban agriculture from provisions 113 requiring farm equipment to be located within 114 specified boundaries; amending s. 604.50, F.S.; 115 providing that nonresidential farm buildings, fences, 116 or signs located on lands used for urban agriculture 117 are not exempt from the Florida Building Code or local 118 governmental regulations; defining the term “urban 119 agriculture”; creating s. 604.73, F.S.; providing a 120 short title; providing legislative findings and 121 intent; defining terms; authorizing the Department of 122 Agriculture and Consumer Services to approve municipal 123 urban agricultural pilot projects; providing 124 application requirements; providing for the number, 125 duration, and renewal of pilot projects; requiring 126 municipalities to submit annual reports to the 127 department; requiring the department to submit an 128 annual report to the Legislature; providing that urban 129 agriculture is subject to specified municipal 130 regulation under certain