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Davie Farm Guide DAVIE FARM GUIDE BAR B RANCH Davie Farm Guide - March 10, 2020.doc WELCOME TO THE TOWN OF DAVIE A MESSAGE FROM MAYOR JUDY PAUL As a long time Davie resident and community and once was home to lucrative elected official, one of my top priorities has citrus and cattle companies. Remnants still been to preserve the agricultural roots of our persist, including New River Grove, Spykes community. To this end, in 1998, I created Grove, Marando Farms and Ranch (formerly the Davie Agrarian Committee, which was Batten’s Farm), along with a host of horse committed to bringing together all farms, nurseries and farmers markets agricultural interests including but not throughout the Town. limited to equestrian, cattle, nursery, apiary, and crop. Davie was founded as a farming Davie Farm Guide - March 10, 2020.doc Pg. 1 The idea was to create a coordinated, educating municipalities to the Right to citizen based, organization that could Farm Act and working closely with the advocate on behalf of the interests of the Broward County Farm Bureau making sure agricultural community with deep roots and that government did not encroach on the a strong heritage in the Davie area. Vast rights of the farmer, both commercial and areas of cattle land were giving way to mass hobby. highways and residential and commercial In March 2001, the people of Davie development and many felt it was necessary voted for a charter amendment to adopt to draw a line in the sand to stem the tide legislation to ensure the preservation of the and protect agriculture from an untimely Town’s rural character and equestrian demise in central Broward County. lifestyle. This referendum passed with nearly a 90 percent majority. The Agricultural Advisory Board (now known as the Agricultural and Environmental Committee) was then created and became an arm of the Town Council. As a “farm friendly” Town, the elected officials have been farsighted in adopting legislation to encourage, protect, and preserve agriculture in the community, the first branch of local government in the state of Florida to do so. Town ordinances and state statutes pertaining to farms and agricultural use, which are scattered throughout local and state law, have been compiled into this pamphlet for your assistance. The Agricultural and Environmental Committee will also assist individuals with farm-related issues. Many don’t realize it, but Florida is an agricultural state with fruits, vegetables, field crops, beef cattle and milk counted as The committee worked diligently our leading products. Poultry and egg with Broward County in devising a PDR production is also important along with program and identified properties to be thoroughbred and a variety of show breed preserved as well as with the Town of Davie and pleasure horses. Oranges are Florida's seeking a share of the State and County most important agricultural product. Other grant money to preserve open space, once citrus fruits grown include grapefruit, limes, the core of a strong agricultural industry. tangerines and tangelos. Tomatoes are The committee worked diligently in Florida's second leading crop. Non-citrus Davie Farm Guide - March 10, 2020.doc Pg. 2 fruits grown include bananas, papayas, Davie takes preserving its rural character strawberries and watermelons. Vegetables seriously and has earmarked several major grown in Florida are cabbage, celery, agricultural corridors for special attention. In cucumbers, green peppers, lettuce, potatoes, September, 2005, the voters of Davie snap beans, squash and sweet corn. Florida approved a $25,000,000 bond to acquire leads the nation in the production of sugar more land for parks and open spaces, to cane. Other field crops are peanuts, improve existing parks and to complete the soybeans and tobacco. recreational trail system. Florida is second only to California Whether you are looking for land to in the production of greenhouse and nursery start up or to relocate an agricultural products and ranks first in the production of operation or already own a farm in Davie, indoor plants. In 2012 agriculture in Florida this guide has been prepared to inform you accounted for $133 billion in sales revenue. of your rights to various exemptions for Davie is home to many horse farms farms according to Davie ordinances and and nurseries and has a network of over 165 state law. miles (and growing) of trails linking the community to hundreds of acres of equestrian-friendly county and town parks. R. COLLECTION’S NURSERY Davie Farm Guide - March 10, 2020.doc Pg. 3 Please note: The information contained in this guide reflects law that was current as of as of the date of this edition. However, the law may subsequently be changed or amended by the State Legislature, the Town Council and/or decisions of the courts. Therefore the contents of this document should be considered as general information only and should not be construed as legal advice of any kind. Davie Farm Guide - March 10, 2020.doc Pg. 4 TABLE OF CONTENTS TOWN OF DAVIE CODE OF ORDINANCES ............................................................................ 6 DEFINITIONS ................................................................................................................................ 6 DETAILED USE REGULATIONS ............................................................................................... 8 BUILDINGS AND STRUCTURES ............................................................................................. 12 GENERAL REGULATIONS ....................................................................................................... 12 LICENSING ................................................................................................................................. 14 SITE LANDSCAPING ................................................................................................................. 15 LIVESTOCK ................................................................................................................................ 15 BROWARD COUNTY AGRICULTURAL CLASSIFICATION ............................................... 18 AGRICULTURAL CLASSIFICATION & THE GREENBELT LAW ....................................... 18 STATE LAW ................................................................................................................................ 23 AGRICULTURAL CLASSIFICATION ...................................................................................... 23 FLORIDA HONEY CERTIFICATION AND HONEYBEE LAW ............................................. 26 FLORIDA ADMINISTRATIVE CODE DEFINITIONS ............................................................ 34 SALES TAX EXEMPTIONS ....................................................................................................... 34 FLORIDA RIGHT TO FARM ACT ............................................................................................ 37 BUILDING CODES AND EXEMPTIONS ................................................................................. 39 VEHICLES ................................................................................................................................... 40 FLORIDA STATUTES - EXEMPTIONS FARM VEHICLES ................................................... 40 LOCAL BUSINESS TAXES ....................................................................................................... 47 WELLS, LAKES, EARTH MOVING ETC. EXEMPTIONS ...................................................... 48 DEFINITIONS STATE LAW ...................................................................................................... 49 FLORIDA ATTORNEY GENERAL OPINIONS ....................................................................... 50 AGRICULTURE IMPROVEMENT ACT OF 2018…………………………………………….51 TOPIC AREA HIGHLIGHTS AND RCONOMIC IMPLICATIONS...………………………..52 Davie Farm Guide - March 10, 2020.doc Pg. 5 TOWN OF DAVIE CODE OF ORDINANCES DEFINITIONS Chapter 12, Sec. 12-503 Equestrian facilities. Any building, Agricultural use. The use of a parcel of land structure or land area that may not meet the for the cultivation of crops and livestock criteria to be classified as a "farm" under the including, but not limited to: cropland, Florida Statutes or the Davie Town Code pastureland, orchards, vineyards, ornamental and that is used primarily for equestrian horticulture areas, groves, confined feeding competitions, events or displays, whether operations, specialty farms, silviculture private or commercial, such as areas, aviaries, beekeeping, farm stands, showgrounds, rodeo arenas and racetracks. plant nurseries but specifically excluding The term equestrian facilities also include landscape maintenance contractors. communal stables, paddocks and riding areas that are an amenity or accessory to a Boarding stable. A stable for livestock that residential development. Equestrian provides food and shelter for compensation. facilities may also board horses belonging to owners who reside elsewhere. Development. (1) The division of a parcel of land into two Farm. The land, buildings, structures, and or more parcels; machinery which are primarily adapted and (2) The construction, reconstruction, used for agricultural purposes when such conversion, structural alteration, relocation land is classified agricultural pursuant to or enlargement of any buildings; Section 193.461, F.S. (3) Any use or change in use of any Farm Product. Any plant, as defined in buildings or land; Section 581.011, F.S., any animal, except (4) Any extension of any use or
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