HB 1013 — Urban Agriculture

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 HBCS/HB 1013 2021 A bill to be entitled An act relating to urban agriculture;

exemptingauthorizing farm equipment used into urbantransport agriculture from certain provisions requiring farm equipmentproducts to be locatedstored, amaintained, specifiedor distancerepaired fromwithin aspecified publicboundaries; road;

exempting farm equipment used in urban agriculture from provisions requiring farm equipment to be located within specified boundaries;

definingproviding thea termdefinition; "urban agriculture";

definingproviding thedefinitions; term "urban agriculture";

expresslyauthorizing preservingthe localDepartment governmentalof authorityAgriculture and Consumer Services to regulateapprove municipal urban agricultureagricultural underpilot certainprojects; circumstances;

providing application requirements;

providing for the number, duration, and renewal of pilot projects;

requiring municipalities to submit annual reports to the department;

requiring the department to submit an annual report to the Legislature;

providing that urban agriculture is subject to specified municipal regulation;

BePage It1 Enacted by the Legislature of the6 StateCODING: of Florida:

Section 1.

Section 604.40, Florida Statutes, is amended to read:

604.40 Farm equipment.— (1) Notwithstanding any other law, ordinance, rule, or policy to the contrary, all power-drawn, power-driven, or self- propelled equipment used on a farm may be stored, maintained, or Page 1 of 4 CODING:

hb1013-00hb1013-01-c1 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 HBCS/HB 1013 2021 repairedBe byIt theEnacted ownerby within the boundariesLegislature of the owner'sState farmof andFlorida: at least 50 feet away from any public road without limitation.

Section 1.

Section 604.40, Florida Statutes, is amended to read:

604.40 Farm equipment.— (1) Notwithstanding any other law, ordinance, rule, or policy to the contrary, all power-drawn, power-driven, or self- propelled equipment used on a farm or used to transport farm products may be stored, maintained, or repaired by the owner within the boundaries of the owner's farm and at least 50 feet away from any public road without limitation.

604.73.604.73(3).

A farm sign located onPage a2 public road may not be erected, used, operated, or maintained in a manner that violates any of the6 standardsCODING: provided in s.

Words stricken are deletions;

words underlined are additions.

hb1013-01-c1 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 CS/HB 1013 2021 on a public road may not be erected, used, operated, or maintained in a manner that violates any of the standards provided in s.

604.73.604.73(3).

Page604.73 2Urban ofagriculture 4pilot CODING:projects;

Wordslocal strickenregulation areof deletions;urban agriculture.— (1) SHORT TITLE.—This section shall be known and may be cited as the "Urban Agriculture Pilot Project Act." (2) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds that, due to the application of laws relating to agricultural activities, it is necessary to distinguish between farms on traditional rural farm land and the emerging trends towards urban agriculture.

words underlined are additions.

hb1013-00 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 HB 1013 2021 604.73 Local regulation of urban agriculture.— (1) SHORT TITLE.—This section shall be known and may be cited as the "Florida Urban Agriculture Act." (2) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds that, due to the application of laws relating to agricultural activities, it is necessary to distinguish between farms on traditional rural farm land and the emerging trends towards urban agriculture.

It is the intent of the Legislature that local governmentsPage retain3 authority to regulate urban agriculture under certain conditions, which will further the growth of farmland6 andCODING: promote the establishment of new farms and agricultural uses within dense urbanized land areas of this state.

(3) DEFINITION.—As used in this section, the term "urban agriculture" means any new or existing food cultivation on a piece of land within a dense urban land area, as described in s.

380.0651(3)(a), for recreational, residential, community, commercial, or not-for-profit gardening or farming purposes.

The Page 3 of 4 CODING:

hb1013-00hb1013-01-c1 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 HBCS/HB 1013 2021 termgovernments appliesbe authorized to create urban landagriculture thatpilot isprojects notto designatedregulate orurban zonedagriculture forunder agriculturecertain asconditions aand principalto use.determine the effectiveness and impact of the pilot projects on the farming operations in the selected dense urbanized land areas of the state.

The(3) termDEFINITION.—As doesused notin includethis vegetablesection, gardens,the asterm: defined in s.

(a) "Department" means the Department of Agriculture and Consumer Services.

(b) "Urban agriculture" means any new or existing noncommercial agricultural uses on land that is:

1.

Within a dense urban land area, as described in s.

380.0651(3)(a).