DAVIE FARM GUIDE
BAR B RANCH
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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
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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
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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
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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.
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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
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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 land; or household pets, useful to humans, including (5) Any clearing, grading or other any product derived therefrom, the movement of land for which permission cultivation of crops, groves, thoroughbred may be required pursuant to this chapter. and pleasure horse ranches, including horse (6) It is expressly recognized that the term boarding, private game preserves, fish- "development" as defined herein and breeding areas, tree and plant nurseries, throughout this Code, shall not include nor cattle ranches, and other similar activities be interpreted to include any farm, or involving livestock or poultry. "agricultural uses" as that term is defined pursuant to section 12-32(A). Farm stand. A temporary structure or vehicle used in the sale of farm products, including but not limited to fruits,
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Pg. 6 vegetables, juices and ornamental plants edging, weeding, pruning, clipping, seasonal located on a farm. planting, irrigation, fertilization, application of pesticides, and the installation of water Garden center. A place of business where features or other garden ornamentation. retail and wholesale products and produce are sold to the retail consumer. Items offered Livestock. Grazing animals, such as cattle, for sale may include-plants, nursery horses, sheep, goats, and other hoofed products and stock, predominantly grown animals, including ruminants, ostriches, elsewhere, and fertilizers, potting soil, emus, and rheas. hardware, power equipment and machinery, hoes, rakes, shovels, and other garden and Plant nursery. A farm on or in which farm tools, and utensils. These nursery stock is propagated or grown to a establishments may sell a limited amount of usable size for sale, either retail or product they grow themselves. wholesale. These establishments may sell a limited amount of ancillary items such as Hobby farm. A parcel of land located in an fertilizers, potting soil, pots and garden existing or designated semi-rural area, with ornaments and may also undertake limited or without a residential dwelling and/or installation of trees, shrubs and/or plants accessory buildings, where limited incidental to the sale of such products. agricultural activities for primarily recreational purposes are not prohibited at Poultry. Any chickens, turkeys, ducks, the time of the adoption of this act and geese, peafowl or guinea fowl, or pigeons, which does not meet the criteria to be pheasants, quail and other game birds raised classified as a "farm" under the Florida for meat or eggs.
Statutes or Section 12-34(B)(16) of this Semi-rural area. Existing residential Code. neighborhoods within the town, where Landscape maintenance contractor. An limited agricultural activities are not establishment primarily engaged in prohibited by the Davie Town Code at the providing landscape and/or lawn care and time of the adoption of this Act. maintenance services, such as lawn mowing,
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TREE AMIGOS GROWERS
DETAILED USE REGULATIONS
Code Sec. 12-34 (B) Agricultural Use: within required setbacks in the R-3, R-4 or (1) Animal shelter. R-5, RM-5, RM-8, RM-10 districts. Aviaries (a) Other than as set forth in are not permitted in the R-3, R-4, or R-5 paragraph (b) below, a structure used for districts. housing or feeding livestock and containing (2) Number and types of animals. up to three (3) stalls a maximum of twelve (a) The number and types of animals (12) feet by twelve (12) feet, a tack room, shall not be restricted on farms as defined by and feed room, shall be setback at least forty section 12-503, subject to restrictions on the (40) feet from any other property under keeping or raising of pigs or hogs as set in separate ownership, from any public road section 12-34(B)(5). right-of-way or any existing structure. For (b) In the RR, AG, A-1, RO, O, CC, each additional stall not to exceed twelve B-1, B-2, B-3, M-1, M-2, and M-3 districts, (12) feet by twelve (12) feet, an additional the keeping of livestock is allowed on a lot ten-foot setback shall be required, to a of 35,000 square feet or greater, up to the maximum setback of one hundred (100) following amounts: feet. (b) Aviaries, roofed hutches, dog 1. Up to 8 livestock in total, no more houses and dog runs shall be a minimum of than 4 of which may be cattle and horses, forty (40) feet from all property lines in the provided that any offspring shall not be RR, AG, A-1, R-1, R-2, CC, RO, O, B-1, B- counted for 1 year. 2, and B-3 districts. Roofed hutches, dog 2. Up to 10 rabbits and 25 poultry, houses and dog runs are not permitted provided that all such rabbits and poultry are
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Pg. 8 kept in a completely penned area and any type except for one (1) Vietnamese provided that up to 3 poultry can be Potbellied Pig kept as a household pet, shall considered pets in all residential zoning be presumed to be a nuisance and shall be designations. prohibited in all zoning districts. (c) In the R-1 district, the keeping of livestock is allowed on a lot of 35,000 (6) Livestock in residential districts. Raising square feet or greater, up to the following of horses, cattle, goats, sheep, poultry and amounts: rabbits is not permitted in any residential 1. Up to 4 livestock in total for each zoning district, except for RR, AG, A-1, and 35,000 square feet of lot area, made up of R-1, and except as provided in chapter 12, cattle or horses only (no other types of article III, division 5, Nonconforming uses livestock), provided that any offspring shall and structures of this Code for not be counted for 1 year. nonconforming uses on farms existing on 2. Up to 10 rabbits and 5 poultry, the date this chapter is adopted by the town provided that all such rabbits and poultry are council. kept in a completely penned area and provided that up to 3 poultry can be (7) Limited agricultural activities. Nothing considered pets. in this section (12-34(B) is intended to prohibit the continuation of “limited (3) Plant Nursery. In the RR, AG, and agricultural activities” where such activities A-1 districts, retail sales shall be limited to were a lawful use on November 5, 2003 (the agricultural products grown, kept, or raised effective date of Ordinance 2003-044). For on site, and shall be limited to a maximum purposes of this paragraph, “limited of twenty-five (25) percent of the allowable agricultural activities” means agricultural building space on the site. The limitation on activity, whether for pleasure or profit, the size of building space shall not apply to conducted on land not designated as a farm farms used for an agricultural purpose in pursuant to section 193.461, Florida these districts. Statutes. No maintenance of “limited agricultural activities” shall be deemed to be (4) Agricultural uses such as a nuisance if said activities were not a cultivation of crops, groves, thoroughbred nuisance on November 5, 2003 and the and pleasure horses, cattle ranches are “limited agricultural activities” conducted permitted in the CC, B-1, B-2, B-3, M-1, M- on the property conform to the best 2, M-3 and RO districts provided the land is management practices of central Broward free of commercial or industrial structures Water Control District as to the particular and such agricultural uses are discontinued type of agricultural activity, regardless of upon conversion of the property to another any change that may occur in the type of use. limited agricultural activity being conducted, a change in development (5) Swine and Vietnamese Potbellied Pigs. conditions in vicinity or a change in the The raising, breeding or keeping of swine of
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Pg. 9 ownership of the property on which the (a) In general. The Town shall limited agricultural activity is situated. maintain an ongoing Hobby Farm Determination and recognition Program to (8) State preemption of certain agricultural help identify and protect agricultural uses regulations. Nothing is this section (12- and lifestyles on lands which are not identify 34(B) is intended to regulate aspects of as a farm pursuant to Section 193.461, agricultural uses which are preempted to the Florida Statutes. State of Florida, including but not limited to (b) Applications. Applications may the following: be submitted by any eligible landowner on (a) section 823.14 Florida Statutes, forms provided by the Town Administrator “the Florida Right to Farm Act”, which or designee, along with such fee as may be prohibits a local government from the adopted by resolution of the Town Council adoption of any ordinance, regulation, rule, to offset the cost of review. or policy to prohibit, restrict, regulate, or (c) Criteria. The following shall be otherwise limit an activity of a bona fide the minimum criteria for determination of a farm operation on land classified as Hobby Farm: agricultural land pursuant to Section 1. Agricultural uses must be a 193.461, Florida Statutes, where such permitted use in the particular zoning district activity is regulated through implemented (whether “by right” or as a legal non- best-management practices or interim conforming use). measures developed by the department of 2. The application shall demonstrate environmental protection, the department of that there are identifiable farm products, as agriculture and consumer services, or water defined in section 12-503. management districts and adopted under 3. fifty (50) percent or more of the chapter 120 as part of the statewide or gross area of the parcel must be dedicated to regional program. hobby farm or other agricultural purposes. (b) Section 586.10, Florida Statutes, 4. There shall be no unresolved Code which preempts local government compliance cases related to the hobby farm regulations on honeybee colonies. activities at the time of application and no (c) Section 570.85, Florida Statutes, outstanding liens concerning previous code which preempts municipal regulation of compliance cases. agritourism activity on land classified as 5. The applicant shall provide proof agricultural land pursuant to Section of membership or involvement with 193.461, Florida Statutes. agricultural associations, such as the Farm (d) Section604.50, Florida Statutes, Bureau, the Nursery and growers which preempts municipal regulation of Association, breed societies or other nonresidential farm buildings, farm fences organizations which may be specific to and farm signs. various forms of agriculture.
(9) Hobby Farm Determination and (d) Hobby Farm Determinations. The Town Recognition Program administrator or designee shall be
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Pg. 10 responsible for administration of the program and making final, written (g) Revocation. The Town administrator determinations on all applications (approval, shall be authorized to revoke any hobby approval with conditions or denial) based on farm certificate for violation of any of the the criteria set forth in paragraph (c) above. criteria set forth in paragraph (c), provided that no such revocation shall occur without (e) Hobby Farm Benefits. at least sixty (60) days prior written notice to 1. Certificates and promotional signs. the property owner providing an opportunity Each approved hobby farm shall receive a to cure the violation. Town certificate and a sign suitable to identify the property as a hobby farm. Signs Sec. 12-34. - Standards for specific uses. posting is not required buy may be posted at (I) Equestrian Facilities: An equestrian the discretion of the landowner. facility (as defined in Section 12-305) shall 2. Not to be determined a nuisance. provide for stables, paddocks and trails, and No designated hobby farm shall be deemed may also provide pasture land and exercise to be a nuisance if the uses conducted on the areas. Equestrian facilities may be included property conform to any conditions of the within a minimum 35-acre development. hobby farm determination and any best The maximum number of stalls shall be management practices of Central Broward limited to one (1) stall per two (2) dwelling Water Control District as to the particular units within the residential community. The type of agricultural activity. facility shall be designed as an integral 3. Upon the sale of a property having component of the residential community and a hobby farm determination, such hobby internalized within the overall development farm determination may be administratively plan as depicted on the site plan. transferred by the Town administrator or Additionally, the site plan shall include an designee without need to repeat the alternate development proposal, in application and approval process. conformance with district regulations. The use of the facility shall be available to (f) Administration of prior “Farm the residents of the community on a priority Determinations”. Any property which was basis and may be open to the public for issued a “Farm Determination” by the Town boarding only. Activities within the of Davie prior to January 1, 2-17 (pursuant equestrian facility shall be limited to use by to section 12-34(KK), now repealed) shall residents and boarders only. The be automatically considered a hobby farm owners/operators of the equestrian facility pursuant to paragraph (9) and shall be shall be members of the homeowners' automatically entitled to the benefits set association governing the overall forth in paragraph (e) above without need to development. re-apply for approval under the current program.
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LUCKY SUMO LLC
BUILDINGS AND STRUCTURES
ARTICLE II, Sec. 5-6. Construction of as structure constructed in compliance with Non-mobile Structures Used for the Florida Building Code. Every such Wholesale or Retail Sales business, including farms and agricultural uses, shall have an adequate water supply (a) Every business conducted within the and sewage disposal facilities. town for the wholesale or retail sale of merchandise, excluding farms and agricultural uses, and products manufactured therefrom, shall be conducted within or from
GENERAL REGULATIONS
Chapter 12-33 not a nuisance at the time of its established date of operation shall be a public or private (U) Nuisances. nuisance if the farm conforms to generally (1) No farm operation which has been in accepted agricultural and management operation for one (1) year or more since its practices, except that the following established date of operation and which was
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Pg. 12 conditions shall constitute evidence of a or construction equipment shall not be nuisance: parked, stored or maintained within a a. The presence of untreated or residentially zoned district, whether on improperly treated human waist, garbage, private property, public property, swale offal, dead animals, dangerous waste areas or public or private road rights-of-way materials, or gases which are harmful to except as provided for herein: human or animal life. (1) For the purposes of this section, the b. The presence of improperly built or following shall apply: improperly maintained septic tanks, water (a) Commercial vehicle, for the purpose closets, or privies. of this section, shall mean any vehicle c. The keeping of diseased animals whatsoever designed, intended or used for which are dangerous to human health, unless profit or hire, included but not limited to, such animals are kept in accordance with a vans, trucks, farm tractors, farm trailers, tow current state or federal disease control trucks, tractor-trailers, semitrailers, buses program. and trailers of any kind. d. The presence of unsanitary places (c) Agricultural equipment shall where animals are slaughtered, which may include any farm or grove implements give rise to diseases which are harmful to principally operated in agricultural or human or animal life. horticultural pursuits and shall include farm tractors and farm trailers not otherwise (2) No farm operation shall become a comprehended within the term commercial public or private nuisance as a result of a vehicle. change in ownership, a change in the type of farm product being produced, a change in (6) Agricultural equipment shall not be conditions in or around the locality of the permitted to be parked in residential areas farm, or a change brought about to comply other than those zoned RR, A-1 and AG. with Best Management Practices adopted by Additionally, farm trailers, stock trailers, local, state, or federal agencies if such farm farm tractors and heavy equipment used in has been in operation for one (1) year or an agricultural or horticultural pursuit may more since its established date of operation be stored or maintained in RR, A-1 and AG and if it was not a nuisance at the time of its districts on property belonging to the owner established date of operation. of the tractor, trailer or heavy equipment without reference to the restrictions of this (G) Commercial Vehicle Parking: Trucks, section. commercial vehicles, agricultural equipment
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WEEKLY BROTHERS
LICENSING
Sec. 13-29. - Grower exemptions; dealers shall be issued in these circumstances upon in agriculture products. application. The management of a wholesale All farm, horticultural, floricultural and farmers' produce market shall have the right grove products and products manufactured to pay a license of one hundred dollars therefrom, except intoxicating liquors, beer ($100.00) that will entitle its stall tenants to and wines, shall be exempt from all forms of deal in agricultural and horticultural license tax when the same are being offered products without obtaining individual for sale or sold by the farmer or grower licenses, but individual licenses shall be producing such products, an exempt license required of such tenants unless such license is obtained for the market.
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Pg. 14 SITE LANDSCAPING
Sec. 12-101 (A) a. Bona fide agricultural activities; 4. Exempted from the provisions of b. Other properties not the Florida-friendly landscape subject to or covered under the requirements (note: not irrigation Florida Right to Farm Act that have requirements) are the following, as pastures used for grazing of applicable: livestock;
LIVESTOCK
Sec 4-41 Definitions No person owning or having in his The following words when used in this custody animals as herein defined shall article shall have the meaning ascribed permit them to go at large to the injury or herein unless the context clearly indicates annoyance of others, nor shall such animal otherwise: be permitted at large upon the streets or public ways of the town. Such action is Animal shall mean any horse, pony, mule, declared to be a nuisance and dangerous to cow, bull, steer, ox, heifer, calf, swine, the public health and safety. ostrich, emu, rhea, sheep and goat, both domesticated and wild, male and female, Sec. 4-43 Impoundment singular and plural. (a) Any person finding any animal upon his property shall notify the police At large shall mean off the premises of the department and may remove the animal to owner or custodian of the animal, and not an animal shelter under the immediate control of the owner or (b) The Town of Davie Police custodian. Department may impound the animal. If the Town impounds the animal, reasonable Permit shall mean to suffer, allow, consent, effort shall be made to locate the owner. let; to give leave or license; to acquiesce, by (c) Any police officer or other person failure to prevent, or to expressly assent or designated by the town for such purpose is agree to the doing of an act prohibited. authorized to capture and impound any animal found at large. Any police officer or Shelter shall mean the operation of the other person designated by the town may person or firm designated by the town to issue a code violation to the owner for their pick up and board any animal found at large. animal being “at large.
Sec. 4-42 Certain animals declared a nuisance
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Pg. 15 Sec. 4-44 Notice of impoundment and sale (5) days nor more than ten (10) days (excluding Sundays and holidays) from the a) Upon the impounding of any animal first publication of the notice of sale. The the chief of police shall forthwith serve notice of sale shall be published in a written notice upon the owner, advising such newspaper of general circulation in the town owner of the location or place where the (excluding Sundays and holidays) and by animal is being held and impounded, the posting a copy of such notice at two (2) amount due by reason of such impounding, conspicuous places in the town limits. and that unless such animal be redeemed within five (5) days from date thereof that Sec. 4-45 Fees and costs the same shall be offered for sale. (b) If the owner of such animal is The owner or custodian who unknown or cannot be found, service upon redeems an animal will pay a pick-up fee to the owner shall be obtained by publishing a the police department in accordance with the notice two (2) times, consecutively, in a following schedule: newspaper or general circulation where the animal is impounded (Sundays and holidays Fee excluded) and by posting in two (2) Call out charge ...... $275.00 conspicuous places in the town limits. Pick up charge ...... 30.00 (c) Unless the impounded animal is Each additional animal.....15.00 redeemed within three (3) days from the date of last publication of notice, the chief of Impounding charge (per day, per police shall forthwith give notice of sale head) shall not exceed $200 thereof which shall be held not less than five (5) Medical attention or necessary Sec. 4-47 Manner of Keeping veterinary care when sick, (a) It shall be unlawful for any person diseased, or injured. Upon keeping or caring for an animal to request of the Town designee, fail to provide: written proof of medical attention (1) Clean, sanitary, safe, and humane or veterinary care must be conditions; and provided. (2) Sufficient quantities of (b) It shall be unlawful for any person appropriate food daily; and keeping an animal to fail to provide shelter and/or adequate shade for that (3) Proper air ventilation and animal. Outdoor shelter must be of circulation; and sound construction and provide (4) Adequate quantities of visible, adequate protection from rain, wind clean and fresh water available at and sun. The following elements all times; and
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Pg. 16 shall be provided as essential Sec. 4-48 Treatment of livestock components of shelter: (a) It shall be unlawful for any (1) Clean and appropriate person to beat, mistreat, or bedding material, per the intentionally harm an animal. Florida Department of Environmental Protection or the Florida Department of Agriculture and Customer Services best management practices. (2) Sufficient space for each animal to comfortably stand up, sit down, lie down, and turn around in the shelter, without touching the top or sides of the shelter. If the shelter is used for more than one animal at the same time, it must provide enough space for both animals to comfortably stand up, sit down, lie down, and turn around simultaneously. (3) All areas where the animals are kept must be cleaned and the fecal matter disposed according to the best management practices set forth by the Florida Department of Environmental Protection or the Florida Department of Agriculture and Consumer Services.
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Pg. 17 BROWARD COUNTY AGRICULTURAL CLASSIFICATION
As a member of the Broward County Broward County Property Appraiser’s office Commission and Value Adjustment Board, is required by law to classify all property Lori Parrish championed the agricultural and within the County as either agricultural or horse boarding classification for owners of non-agricultural. For information on this bona fide commercial agricultural valuable classification, please contact businesses. Lori worked to amend the Broward County Property Appraisals at zoning laws to promote agricultural 954.357.6866 businesses within Broward County. The may be protected and enhanced as a viable segment of the state’s economy and as an AGRICULTURAL economic and environmental resource of CLASSIFICATION & THE major importance. GREENBELT LAW BACKGROUND LEGISLATIVE INTENT Spreading suburban development drives up It is the declared policy of the State of land values, which in turn drives up the Florida to conserve, protect and encourage farmer’s property taxes, making agriculture the development and improvement of its economically unviable and forcing the agricultural lands for the production of food farmer to sell the land to developers, causing and other agricultural products and as valued the further spread of development and the natural and ecological resources for clean air loss of irreplaceable natural resources and sheds, wildlife habitat and other benefits of open space. green space, including aesthetic purposes. Recognizing this self-perpetuating cycle, the The Legislature has also declared Florida’s Florida Legislature enacted the Greenbelt economic and environmental future is Law to help preserve farmland and slow enhanced by a tax policy which encourages down the rate of development. This law sustainable agricultural use of its lands and established agriculture as a separate class of discourages pressures to otherwise develop property to be taxed on the agricultural the land in indiscriminate manners, which value of the land instead of on its value for brings conflicting land uses into development. This benefits society as a juxtaposition, urban sprawl and creates whole, since rampant development causes higher costs for public services. over-crowded schools, more traffic on the roads and strains local government’s ability The intent of the Greenbelt Law is to to keep pace with the demands for these and provide a means by which agricultural land other services such as police, fire, water and
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Pg. 18 sanitation. Since horses, cows and nursery Landscape nurseries and horse farms are the plants don’t go to school, drive on the roads two primary forms of modern agriculture. or call the police, farms make minimal use They provide desired agricultural services of these services and, more importantly, directly to the community and continue to farmland provides scenic, open green space conserve our open spaces and environmental that serves as water catchment areas, clean resources into the future. air sheds and wildlife habitat. QUALIFYING FOR AGRICULTURAL Farmers pay full taxes on their houses and CLASSIFICATION yards and may also be eligible for the homestead exemption, the same as every For land to be granted agricultural taxpayer. Only the farmland can receive the classification, the use of the land must be agricultural classification and, even with the primarily for bona fide commercial agricultural classification on the land, farms agriculture as of January 1st of the tax year. contribute more in property taxes than they cost the government in services. First and most important, the “use” of the land must be for “agricultural purposes.” BROWARD FARMS The Greenbelt Law defines “agricultural purposes” as including but “not limited to, The Broward County Property Appraiser’s horticulture; floriculture; viticulture; office is required by law to classify all forestry; dairy; livestock; poultry; bee; property within the County as either pisciculture, when the land is used agricultural or non-agricultural. In the past, principally for the production of tropical Broward County had a landscape of vast fish; aquaculture; sod farming; and all forms cattle ranches and citrus groves interspersed of farm products and farm production.” with smaller farms of all types. With the While this list is broad and inclusive in its advent of air conditioning came more and general terms and does not necessarily more people to share the benefits of this exclude categories not specifically listed, the tropical climate the population continues to Courts have ruled, for example, horses are grow. This growth has forever changed the livestock, therefore using the land to keep face of Broward County and, to be livestock, whether breeding, boarding, sustainable, agriculture has had to adapt to training or for other commercial purposes is the change and evolve. Traditional forms of agriculture, but the term livestock does not agriculture requiring hundreds of acres of include greyhound dogs, therefore use of the land to be profitable are no longer viable in land for raising or training dogs for racing is Broward County. Replacing the old types of not an agricultural use. conventional agriculture is a new type of farming which can thrive on far smaller Second, agricultural use must be the parcels of land and in a suburban setting, “primary” activity which takes place on the agriculture which relies on a nearby land. If the owner’s residence is on the land, metropolitan population for its client base. the area of the house and grounds will be
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Pg. 19 excluded from the agricultural classification, agricultural use is bona fide, i.e. commercial although it is still eligible for homestead agriculture: exemption. On the remainder of the land, the agricultural use must be the most significant 1. The length of time the land has been so activity and not merely an incidental use. utilized;
Third, the agricultural use must be 2. Whether the use has been continuous; “commercial,” which the Courts have defined as meaning done with a profit 3. The purchase price paid; motive or intent to make a profit. The Courts have also ruled it is not necessary to have 4. Size, as it relates to specific agricultural the expectation of meeting the investment use; costs of the land and realizing a profit overall to be “commercial”. However, it is 5. Whether an indicated effort has been not enough to grow fruit or vegetables for made to care sufficiently and adequately for your own use or keep a pet cow or only your the land in accordance with accepted own horses for pleasure or sport. While the commercial agricultural practices, including, “commercial” requirement is not as strict as without limitation, fertilizing, liming, tilling, the IRS business standards, you should be mowing, reforesting, and other accepted trying to make money from the agricultural agricultural practices; use of your land. 6. Whether such land is under lease and, if Fourth, the agricultural use must be “bona so, the effective length, terms, and fide.” Again, the Courts have ruled this conditions of the lease; and means good faith - real, actual and genuine and not a sham or deception. For example, if 7. Such other factors as may become you apply for agricultural classification for a applicable from time to time. horse boarding farm, you should be actually boarding other people’s horses on your land. The Department of Revenue has provided a If you apply as a nursery, then you should be suggested list of “other factors”, to which growing and selling plants on your land, not the Property Appraiser is not limited but using the land to store equipment for a lawn may also consider: mowing business. Florida Administrative Code Rule 12D- THE GREENBELT LAW - FLORIDA 5.004: STATUTE 193.461 (1) Other factors: The Legislature has provided a list of factors the Property Appraiser may weigh and (a) Opinions of appropriate experts in the consider in determining whether the fields;
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Pg. 20 (b) Business or occupation of owner; the property, alone, can be the deciding (c) The nature of the terrain of the property; factor. Although a purchase price of three or (d) Economic merchantability of the more times the agricultural value of the land agricultural product; creates a presumption the land is not to be (e) The reasonably attainable economic used primarily for agriculture, once the salability of the product within a reasonable property owner demonstrates the land is future time for the particular agricultural being used for bona fide commercial product. agriculture, the purchase price is no longer important. (2) Other recommended factors: The Courts have stressed the “use” of the (a) Zoning; land as of January 1st of the year in question (b) General character of the neighborhood; is the guidepost in classifying the land and (c) Use of adjacent properties; “agricultural use” is now and has always (d) Proximity of subject properties to a been the test. metropolitan area and services; (e) Principal domicile of the owner and However, the Property Appraiser is required family; to reclassify the following lands as non- (f) Date of acquisition; agricultural when: (g) Agricultural experience of the person conducting agricultural operations; 1. Land diverted from an agricultural to a (h) Participation in governmental or private nonagricultural use. agricultural programs or activities; (i) Amount of harvest for each crop; 2. Land no longer being utilized for (j) Gross sales from the agricultural agricultural purposes. operation; (k) Months of hired labor; and NEW APPLICATIONS FOR (l) Inventory of buildings and machinery and AGRICULTURAL CLASSIFICATION the condition of the same. If you believe your property, as of January 1 The Property Appraiser is not required to of the current tax year, meets the criteria for consider each and every one of these factors, the agricultural classification, you must file but also cannot single out one, particular an initial application with the Broward factor as the sole criterion for determining County Property Appraiser’s office by whether or not the property should be March 1 of the year (however, state law now granted the agricultural classification. No allows us to accept late-filed applications one factor, by itself, is determinative. The until the annual TRIM Notice appeal Courts have ruled, for example, it is not deadline mid-September). You may call required the owner be a farmer or the 954.357.6866 for the form, or you may agricultural use be a permitted use under the obtain the form online at: local zoning regulations. Nor can the size of http://www.bcpa.net/forms-dl.asp
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Pg. 21 When you submit your application, please renewal is subject to routine property attach as much additional information as inspections for verification purposes, but possible to show the use of your land is you do not need to file an initial application primarily for bona fide, commercial form or burdensome paperwork again. . agriculture. Utilize the factors listed above for guidance as to what documentation However, if you have changed from one would assist us in making a correct agricultural use to a different agricultural determination. Such additional information, use, you should notify us promptly so the if not already provided, may be requested by agricultural value of your property may be the Property Appraiser as is reasonably changed accordingly. You must also notify required in making this determination. Any the Property Appraiser’s Office if you have financial information submitted will be sold your property or discontinued the strictly private and confidential. agricultural use.
If you are a new purchaser of property LATE FILING AND RESOLVING previously granted the agricultural DISAGREEMENTS classification, you must submit a new application if you wish the property to If you missed the March 1 filing date continue to receive the agricultural deadline, state law now allows us to accept classification. late-filed applications until the annual TRIM Notice appeal deadline mid-September. The Property Appraiser’s Office will carefully review your application and any The absolute deadline to late file for an additional information provided and will agricultural classification for a year is physically inspect your property. The mid-September of that year (the same Property Appraiser’s Office will notify you date as the annual deadline to file a by mail, postmarked by July 1st, as to the valuation challenge to the VAB). You can status of your request. read more about the VAB process at: http://www.bcpa.net/forms-dl.asp. The VAB RENEWALS OF AGRICULTURAL will notify you directly of your hearing date. CLASSIFICATION Agricultural hearings are usually scheduled in late summer or early fall. Land previously granted the agricultural classification will be automatically renewed If you believe the Property Appraiser’s in subsequent years, providing the decision regarding your application or agricultural use of the land has not been renewal for agricultural classification is abandoned or discontinued, the land has not incorrect, you may contact our office at 954- been diverted to a nonagricultural use, the 357-6866 for further discussion and review. ownership has not changed or the land has You may also contact the Value Adjustment not been zoned to a non-agricultural use at Board and file a petition for a hearing and the request of the owner. The automatic independent review. A petition must be filed
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Pg. 22 within 30 days of the notice from the status of your application or renewal for Property Appraiser’s office regarding the classification.
STATE LAW
AGRICULTURAL CLASSIFICATION
193.461 Agricultural lands; classification such lands, may require the taxpayer or the and assessment; mandated eradication or taxpayer’s representative to furnish the quarantine program.— property appraiser such information as may reasonably be required to establish that such (1) The property appraiser shall, on an lands were actually used for a bona fide annual basis, classify for assessment agricultural purpose. Failure to make timely purposes all lands within the county as application by March 1 shall constitute a either agricultural or nonagricultural. waiver for 1 year of the privilege herein (2) Any landowner whose land is denied granted for agricultural assessment. agricultural classification by the property However, an applicant who is qualified to appraiser may appeal to the value receive an agricultural classification who adjustment board. The property appraiser fails to file an application by March 1 may shall notify the landowner in writing of the file an application for the classification and denial of agricultural classification on or may file, pursuant to s. 194.011(3), a before July 1 of the year for which the petition with the value adjustment board application was filed. The notification shall requesting that the classification be granted. advise the landowner of his or her right to The petition may be filed at any time during appeal to the value adjustment board and of the taxable year on or before the 25th day the filing deadline. The property appraiser following the mailing of the notice by the shall have available at his or her office a list property appraiser as provided in by ownership of all applications received s.194.011(1). Notwithstanding the showing the acreage, the full valuation provisions of s.194.013, the applicant must under s.193.011, the valuation of the land pay a nonrefundable fee of $15 upon filing under the provisions of this section, and the petition. Upon reviewing the petition, if whether or not the classification requested the person is qualified to receive the was granted. classification and demonstrates particular (3)(a) No lands shall be classified as extenuating circumstances judged by the agricultural lands unless a return is filed on property appraiser or the value adjustment or before March 1 of each year. The board to warrant granting the classification, property appraiser, before so classifying the property appraiser or the value
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Pg. 23 adjustment board may grant the e. Whether an indicated effort has been classification. The owner of land that was made to care sufficiently and adequately for classified agricultural in the previous year the land in accordance with accepted and whose ownership or use has not commercial agricultural practices, including, changed may reapply on a short form as without limitation, fertilizing, liming, tilling, provided by the department. The lessee of mowing, reforesting, and other accepted property may make original application or agricultural practices. reapply using the short form if the lease, or f. Whether the land is under lease and, if an affidavit executed by the owner, provides so, the effective length, terms, and that the lessee is empowered to make conditions of the lease. application for the agricultural classification g. Such other factors as may become on behalf of the owner and a copy of the applicable. lease or affidavit accompanies the 2. Offering property for sale does not application. A county may, at the request of constitute a primary use of land and may not the property appraiser and by a majority be the basis for denying an agricultural vote of its governing body, waive the classification if the land continues to be used requirement that an annual application or primarily for bona fide agricultural purposes statement be made for classification of while it is being offered for sale. property within the county after an initial (c) The maintenance of a dwelling on part application is made and the classification of the lands used for agricultural purposes granted by the property appraiser. Such shall not in itself preclude an agricultural waiver may be revoked by a majority vote of classification. the governing body of the county. (d) When property receiving an (b) Subject to the restrictions specified in agricultural classification contains a this section, only lands that are used residence under the same ownership, the primarily for bona fide agricultural purposes portion of the property consisting of the shall be classified agricultural. The term residence and curtilage must be assessed “bona fide agricultural purposes” means separately, pursuant to s. 193.011, to qualify good faith commercial agricultural use of for the assessment limitation set forth in s. the land. 193.155. The remaining property may be 1. In determining whether the use of the classified under the provisions of paragraphs land for agricultural purposes is bona fide, (a) and (b). the following factors may be taken into (e) Notwithstanding the provisions of consideration: paragraph (a), land that has received an a. The length of time the land has been so agricultural classification from the value used. adjustment board or a court of competent b. Whether the use has been continuous. jurisdiction pursuant to this section is c. The purchase price paid. entitled to receive such classification in any d. Size, as it relates to specific agricultural subsequent year until such agricultural use use, but a minimum acreage may not be of the land is abandoned or discontinued, the required for agricultural assessment. land is diverted to a nonagricultural use, or
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Pg. 24 the land is reclassified as nonagricultural all forms of farm products as defined in s. pursuant to subsection (4). The property 823.14(3) and farm production. appraiser must, no later than January 31 of (6)(a) In years in which proper application each year, provide notice to the owner of for agricultural assessment has been made land that was classified agricultural in the and granted pursuant to this section, the previous year informing the owner of the assessment of land shall be based solely on requirements of this paragraph and requiring its agricultural use. The property appraiser the owner to certify that neither the shall consider the following use factors only: ownership nor the use of the land has 1. The quantity and size of the property; changed. The department shall, by 2. The condition of the property; administrative rule, prescribe the form of the 3. The present market value of the notice to be used by the property appraiser property as agricultural land; under this paragraph. If a county has waived 4. The income produced by the property; the requirement that an annual application or 5. The productivity of land in its present statement be made for classification of use; property pursuant to paragraph (a), the 6. The economic merchantability of the county may, by a majority vote of its agricultural product; and governing body, waive the notice and 7. Such other agricultural factors as may certification requirements of this paragraph from time to time become applicable, which and shall provide the property owner with are reflective of the standard present the same notification provided to owners of practices of agricultural use and production. land granted an agricultural classification by (b) Notwithstanding any provision the property appraiser. Such waiver may be relating to annual assessment found in s. revoked by a majority vote of the county’s 192.042, the property appraiser shall rely on governing body. This paragraph does not 5-year moving average data when utilizing apply to any property if the agricultural the income methodology approach in an classification of that property is the subject assessment of property used for agricultural of current litigation. purposes. (4) The property appraiser shall reclassify (c)1 For purposes of the income the following lands as nonagricultural: methodology approach to assessment of (a) Land diverted from an agricultural to property used for agricultural purposes, a nonagricultural use. irrigation systems, including pumps and (b) Land no longer being utilized for motors, physically attached to the land shall agricultural purposes. be considered a part of the average yields (5) For the purpose of this section, per acre and shall have no separately “agricultural purposes” includes, but is not assessable contributory value. limited to, horticulture; floriculture; 2. Litter containment structures located on viticulture; forestry; dairy; livestock; producing poultry farms and animal waste poultry; bee; pisciculture, when the land is nutrient containment structures located on used principally for the production of producing dairy farms shall be assessed by tropical fish; aquaculture; sod farming; and
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Pg. 25 the methodology described in subparagraph taken out of production by any state or 1. federal eradication or quarantine program 3. Structures or improvements used in shall continue to be classified as agricultural horticultural production for frost or freeze lands for the duration of such program or protection, which structures or successor programs. Lands under these improvements are consistent with the programs which are converted to fallow, or Department of Agriculture and Consumer otherwise non-income producing uses shall Services’ interim measures or best continue to be classified as agricultural lands management practices adopted pursuant to and shall be assessed at a de minims value s.570.085 or s.403.067(7)(c), shall be of no more than $50 per acre, on a single assessed by the methodology described in year assessment methodology; however, subparagraph 1. lands converted to other income-producing (d) In years in which proper application agricultural uses permissible under such for agricultural assessment has not been programs shall be assessed pursuant to this made, the land shall be assessed under the section. Land under a mandated eradication provisions of s. 193.011. or quarantine program which is diverted (7) Lands classified for assessment from an agricultural to a nonagricultural use purposes as agricultural lands which are shall be assessed under s. 193.011.
FLORIDA HONEY CERTIFICATION AND HONEYBEE LAW
The 2016 Florida Statutes
Title XXXV AGRICULTURE, HORTICULTURE, AND ANIMAL INDUSTRY
CHAPTER 586
HONEY CERTIFICATION AND HONEYBEE LAW
586.01 Short title.—this chapter shall be known as the “Florida Honey Certification and Honeybee Law.” History.—s. 9, ch. 28167, 1953; s. 1, ch. 86-62.
586.02 Definitions.—As used in this chapter: (2) “Apiculture” means the raising, caring (1) “Apiary” means a bee yard or site for, and breeding of honeybees. where honeybee hives, honeybees, or honeybee equipment is located.
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Pg. 26 (3) “Beekeeping equipment” means honeybee hives, frames, supers, pallets, (10) “Honeybee products” means honey, queen excluders, and other equipment which beeswax, pollen, propolis, and other is used in the cultivation of honeybees and products resulting from the activities of the harvesting of products produced by honeybees. honeybees. (11) “Honeydew” means a sweet (4) “Certified honey” means honey that is substance found on leaves of plants, usually sampled, analyzed, and certified by the a secretion from homopterous insects. department to be primarily of one type from a principal nectar source. (12) “Nectar” means a sweet solution secreted by the plant extra floral glands (5) “Colony” means a distinguishable (nectaries) or by any part of the flower. localized population of honeybees in which one or more life stages may be present. (13) “Regulated article” means any article capable of transporting a honeybee pest or (6) “Compliance agreement” means a an unwanted race of honeybees. written agreement between the department and any person engaged in purchasing, (14) “Special inspection” means an assembling, exchanging, processing, inspection of honeybees, honeybee products, utilizing, treating, or moving beekeeping or beekeeping equipment performed at the equipment or honeybees wherein the person request of the beekeeper or honeybee agrees to comply with stipulated product producer or handler for the purpose requirements. of meeting inspection or certification requirements of other states or countries. (7) “Department” means the Department of Agriculture and Consumer Services of the (15) “Unwanted race of honeybees” means state or its authorized representative. those natural, genetically isolated subspecies of honeybees which beyond a reasonable (8) “Honey” means the natural food doubt can inflict damage to people or product resulting from the harvest of nectar animals greater than managed or feral or honeydew by honeybees and the natural honeybees commonly utilized in North activities of the honeybees in processing America. nectar or honeydew. History.—s. 1, ch. 28167, 1953; ss. 14, 35, (9) “Honeybee pest” means an insect, ch. 69-106; s. 250, ch. 71-377; s. 1, ch. 74- mite, or other arthropod or a bacterium, 284; s. 4, ch. 83-14; s. 2, ch. 86-62; s. 1, ch. fungus, virus, microsporidium, nematode, or 89-56; s. 939, ch. 97-103; s. 7, ch. 2012-83. other organism that damages or causes abnormalities to honeybees, colonies of 586.025 Unlawful acts.—It shall be honeybees, or beeswax. unlawful to:
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Pg. 27 (1) Introduce into this state any honeybee unopened or unused until action is taken by pest or an unwanted race of honeybees, the department. except under special permit issued by the department, which shall be the sole issuing History.—s. 3, ch. 86-62; s. 66, ch. 93-169. agency for such special permits. 586.03 Certification and labeling of (2) Use the terms “certified honey,” Florida-produced honey.— “certified,” “registered,” or “inspected” or (1) Any beekeeper or his or her any other term to convey or imply to the representative managing honeybees in this purchaser that the honey is certified honey, state may make application to the unless the honey has been certified by the department for inspection and sample department. analysis on which qualification for “certified honey,” or for special certification, shall be (3) Label, represent, advertise, or offer based. honey for sale unless it meets the definition provided in this chapter. (2) When requested by beekeepers, honeybee products processors, or other (4) Knowingly sell, offer for sale, or interested parties, the department may distribute any honeybee, any unwanted race provide special certifications based on of honeybee, or any regulated article special inspections, special laboratory infested or infected with any honeybee pest analyses, special investigations, or other declared by rule of the department to be a honeybee regulatory activities when or nuisance or threat to the state’s apiary where feasible and not otherwise industry. specifically provided for in these statutes.
(5) Knowingly conceal, or willfully (3) The department may fix, assess, and withhold information regarding, honeybees, collect fees not to exceed actual expenses honeybee pests, unwanted races of incurred for certifying honey, including fees honeybees, or regulated articles from the for special certification. department. History.—s. 2, ch. 28167, 1953; ss. 14, 35, (6) Knowingly receive honeybees, ch. 69-106; s. 4, ch. 86-62; s. 67, ch. 93-169; honeybee pests, honeybee products, s. 940, ch. 97-103. beekeeping equipment, or other articles for distribution within this state that are not in 586.045 Certificates of registration and compliance with this chapter without inspection.— immediately informing the department and (1) Each beekeeper having honeybee isolating and holding the honeybees, colonies within the state shall apply to the honeybee pests, honeybee products, department, on forms supplied by the beekeeping equipment, or other articles department, for certificates of inspection and registration, and for annual renewal on the
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Pg. 28 anniversary date of the registration. An 586.055 Location of apiaries.—an apiary application for renewal postmarked after the may be located on land classified as anniversary date shall be accompanied by a agricultural under s. 193.461 or on land that $10 late filing fee. is integral to a beekeeping operation. History.—s. 8, ch. 2012-83. (2) Each application shall be accompanied by a registration fee as set by department 586.10 Powers and duties of department; rule, based on the cost of the honeybee preemption of local government inspection program. ordinances.— (1) The authority to regulate, inspect, and (3) Neither the registration fee nor the permit managed honeybee colonies and to annual renewal fee shall exceed $100. The adopt rules on the placement and location of department may exempt from the payment registered inspected managed honeybee of a registration fee those governmental colonies is preempted to the state through agencies having honeybee colonies for the department and supersedes any related experimental or educational purposes. ordinance adopted by a county, municipality, or political subdivision (4) The department shall provide to each thereof. person subject to this section written notice and renewal forms 60 days prior to the (2) The department shall: annual renewal date informing the person of (a) Administer and enforce this chapter. the certificate of registration renewal date and the application fee. (b) Adopt rules necessary to enforce this chapter, rules relating to standard grades for (5) Upon application prior to the renewal honey and other honeybee products, and, date, the department may, for good cause, after consultation with local governments such as natural disasters, hardship cases, or and other affected stakeholders, rules to unusual circumstances, supported by written administer this section. documentation, extend the renewal date without penalty for up to 90 days. (3) The department may: (a) Enter upon any public or private (6) The certificate of registration shall be premises or carrier during regular business renewed if the registrant has complied with hours for the purpose of inspection, the provisions of this chapter, including the quarantine, destruction, or treatment of payment of the applicable fee, and the rules honeybees, used beekeeping equipment, of the department. unwanted races of honeybees, or regulated articles. History.—s. 2, ch. 89-56; s. 8, ch. 92-147; s. 69, ch. 93-169; s. 10, ch. 95-317. (b) Declare a honeybee pest or unwanted race of honeybees to be a nuisance to the beekeeping industry as well as any honeybee
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Pg. 29 or other infested or infected article that is (e) Investigate methods of control, exposed to infestation or infection in a eradication, and prevention of dissemination manner believed likely to communicate the of honeybee pests or unwanted races of infection or infestation. honeybees.
(c) Declare a quarantine against any area, (f) Inspect or cause to be inspected all place, or political unit within this state or apiaries in the state at such intervals as it other states, territories, or foreign countries, may deem best and keep a complete, or portion thereof, in reference to honeybee accurate, and current list of all inspected pests or unwanted races of honeybees and apiaries to include the: prohibit the movement within this state from 1. Name of the apiary. other states, territories, or foreign countries of all honeybees, honeybee products, used 2. Name of the owner of the apiary. beekeeping equipment, or other articles from such quarantined places or areas which are 3. Mailing address of the apiary owner. likely to carry honeybee pests or unwanted races of honeybees if the quarantine is 4. Location of the apiary. determined, after due investigation, to be necessary in order to protect this state’s 5. Number of hives in the apiary. beekeeping industry, honeybees, and the public. In such cases, the quarantine may be 6. Pest problems associated with the made absolute or rules may be adopted apiary. prescribing the method and manner under which the prohibited articles may be moved 7. Brands used by beekeepers where into or within, sold in, or otherwise disposed applicable. of in this state. Notwithstanding s. 112.313, an apiary (d) Enter into cooperative arrangements inspector may be a certified beekeeper as with any person, municipality, county, or long as the inspector does not inspect his or other department of this state or any agency, her own apiary. officer, or authority of other states or the Federal Government, including the United (g) Collect or accept from other agencies States Department of Agriculture, for or individuals specimens of arthropods, inspection of honeybees, honeybee pests, or nematodes, fungi, bacteria, or other unwanted races of honeybees and products organisms for identification. thereof and the control or eradication of honeybee pests and unwanted races of (h) Confiscate, destroy, or make use of honeybees, and contribute a share of the abandoned beehives or beekeeping expenses incurred under such arrangements. equipment.
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Pg. 30 (i) Require the identification of ownership infested or infected by honeybee pests or of apiaries. unwanted races of honeybees or so exposed to infection or infestation that it is (j) Enter into a compliance agreement with reasonably believed that infection or any person engaged in purchasing, infestation could exist. assembling, exchanging, processing, utilizing, treating, or moving beekeeping (o) Require the removal from this state of equipment or honeybees. any honeybees or beekeeping equipment that is brought into the state in violation of (k) Make and issue to beekeepers this chapter or the rules adopted under this certificates of registration and inspection, chapter. following proper inspection and certification of their honeybee colonies. History.—s. 1, ch. 61-415; ss. 14, 35, ch. 69- 106; s. 7, ch. 86-62; s. 2, ch. 87-17; s. 3, ch. (l) Revoke or suspend a beekeeper’s or 89-56; s. 71, ch. 93-169; s. 941, ch. 97-103; honeybee product processor’s certificate of s. 9, ch. 2012-83; s. 94, ch. 2013-15; s. 18, inspection or use of a certificate or permit ch. 2013-226. issued by the department if the department determines that the beekeeper or honeybee 586.11 Certificate of inspection to product processor is selling or offering for accompany interstate shipments; sale or is distributing or offering to enforcement.— distribute honeybees, honeybee products, or (1) All honeybees, except bees in beekeeping equipment in violation of this combless packages, and used beekeeping chapter or rules adopted under this chapter, equipment shipped or moved into this state or has aided or abetted in such violation. shall be accompanied by a certificate of inspection issued by the state of origin. (m) Refuse the certification of any honeybees, honeybee products, or beekeeping equipment if it is determined (2)(a) The certificate shall certify that the that an unwanted race of honeybees exists, apiaries owned or operated by the beekeeper or honeybee pests exist on honeybees, or his or her agents or representatives have honeybee products, or beekeeping been inspected annually in the state of origin equipment, or that the condition of the at a time when the bees are actively rearing apiary inhibits a thorough and efficient brood, and that the honeybees meet the entry inspection by the department. requirements of the department concerning honeybee pests and unwanted races of (n) Conduct, supervise, or cause the honeybees. fumigation, destruction, or treatment of honeybees, including unwanted races of (b) The certificate described in paragraph honeybees, honeybee products, and used (a) shall not be valid to allow honeybees and beekeeping equipment or other articles used beekeeping equipment to be shipped or
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Pg. 31 moved into this state unless the certificate is 586.13 Removal, destruction, or treatment issued by a state which has standards of of infested or infected honeybees or inspection which are adequate to ensure the beekeeping equipment.— health and safety of Florida honeybees and (1) If the department finds any honeybees, which are at least equal to the standards honeybee products, or used beekeeping established by the department. equipment or other articles infested or infected with honeybee pests or an unwanted (3) Bees in combless packages must be race of honeybees, notification shall be accompanied by a certificate of inspection given in writing to the owner or person from the state of origin and an affidavit that having charge of the apiary to that effect. no honey is used in the feed. The owner or person in charge shall, under the supervision of the department and within (4) It shall be the duty of the sheriffs and 48 hours after notice, cause the infested and officers of the Florida Highway Patrol to infected honeybees, honeybee products, or enforce the provisions relating to the beekeeping equipment or other article to be movement of bees and used beekeeping removed from this state or destroyed if the equipment into the state, as well as such problem cannot be successfully treated, as movement within the state. determined by the department. If successful treatment is possible, the owner or person in History.—s. 2, ch. 61-415; ss. 14, 35, ch. 69- charge shall, under the supervision of the 106; s. 1, ch. 83-168; s. 8, ch. 86-62; s. 4, ch. department, follow the treatment as 89-56; s. 1, ch. 91-21; s. 72, ch. 93-169; s. prescribed in the notice of the department. 942, ch. 97-103. (2) No damages shall be awarded to the 586.112 Stop-sale or stop-movement owner for the destruction of unwanted races notice.—The department may issue and of honeybees or infested or infected enforce a stop-sale or stop-movement notice honeybees, honeybee products, or to the owner or custodian of any honeybees, beekeeping equipment or other articles honeybee products, or honeybee equipment except as provided under the provisions of found or suspected to be in violation of this this chapter. chapter or any department rules promulgated thereunder. The notice shall prohibit further (3) If the owner or person in charge sale, barter, exchange, or distribution of refuses or neglects to comply with the terms such items until the department has issued a of the notice within 10 days after receiving written release confirming compliance with it, the department may treat or destroy or the provisions of this chapter and any cause to be treated or destroyed the infested department rule promulgated thereunder. or infected honeybees, beekeeping History.—s. 11, ch. 95-317. equipment, honeybee products, honeybee pests or unwanted races of honeybees. The expenses shall be assessed, collected, and
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Pg. 32 enforced against the owner by the rules adopted under this chapter upon any department. person. The fine, when paid, shall be deposited in the Plant Industry Trust Fund. History.—s. 4, ch. 61-415; ss. 14, 35, ch. 69- The imposition of a fine pursuant to this 106; s. 10, ch. 86-62; s. 3, ch. 87-17; s. 74, subsection may be in addition to or in lieu of ch. 93-169. the suspension or revocation of a permit or a certificate of inspection or registration. 586.14 Compensation for beekeeping equipment and honeybees contained therein (b) Any administrative order made and destroyed due to infection with American entered by the department imposing a fine foulbrood.—Upon destruction of honeybees upon any person pursuant to this subsection or honeybee equipment infected with shall specify the amount of the fine and the American foulbrood, Bacillus larvae, Florida time limit, which shall not exceed 15 days, resident owners of honeybees and for payment thereof. Upon failure to pay the beekeeping equipment may receive fine within the time limit, the permit or the compensation from the department. This certificate of inspection or registration of the compensation shall be up to 50 percent of person may be suspended or revoked the appraised value of the destroyed without further hearing. An additional fine property, providing funds are available for of $100 per day may be imposed until the this purpose; however, compensation shall order is complied with. not exceed $30 per colony. History.—s. 5, ch. 61-415; ss. 14, 35, ch. 69- (3) In addition to the penalties provided in 106; s. 1, ch. 75-213; s. 2, ch. 80-113; s. this section and chapter 500, the department 418, ch. 81-259; s. 11, ch. 86-62; s. 75, ch. may collect costs related to enforcing 93-169. prohibitions against the adulteration or misbranding of honey. Such collections shall 586.15 Penalty for violation.— be deposited into the General Inspection (1) A person who violates any of the Trust Fund. provisions of this chapter commits a misdemeanor of the first degree, punishable History.—s. 6, ch. 61-415; ss. 14, 35, ch. 69- as provided in s. 775.082 or s. 775.083 for 106; s. 611, ch. 71-136; s. 3, ch. 80-113; s. the first offense, and commits a felony of the 12, ch. 86-62; s. 76, ch. 93-169; s. 19, ch. third degree, punishable as provided in s. 2013-226; s. 142, ch. 2014-150. 775.082, s. 775.083, or s. 775.084 for a second or subsequent offense. 586.16 Handling of money received.—All money received by the department as fees and penalties under the provisions of this (2)(a) The department may, after notice chapter shall be deposited in the State and hearing, impose an administrative fine Treasury to the credit of the Plant Industry in the Class II category pursuant to s. Trust Fund and shall be used by the 570.971 for a violation of this chapter or the
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Pg. 33 department to defray its expenses in carrying Effective July 1, 1993, two members shall out the duties imposed on it by this chapter. be appointed to a term of 4 years, two History.—s. 13, ch. 86-62; s. 77, ch. 93-169. members shall be appointed to a term of 3 years, two members shall be appointed to a 586.161 Honeybee Technical Council.— term of 2 years, and one member shall be (1) COMPOSITION.—The Honeybee appointed to a term of 1 year. Technical Council is created in the Department of Agriculture and Consumer (3) MEETINGS; POWERS AND Services and shall be composed of seven DUTIES; PROCEDURES; RECORDS.— members to be appointed by the The meetings, powers and duties, Commissioner of Agriculture of which there procedures, and recordkeeping of the shall be five representatives of the honeybee Honeybee Technical Council shall be industry, one representative of the Institute pursuant to s. 570.232. of Food and Agricultural Sciences, and one representative of the Department of History.—s. 14, ch. 86-62; s. 1, ch. 87-50; s. Agriculture and Consumer Services who 5, ch. 91-429; s. 78, ch. 93-169; s. 28, ch. shall serve as secretary of the council. 94-335; s. 53, ch. 2011-206; s. 143, ch. 2014-150. (2) STAGGERED TERMS.—Members shall be appointed to 4-year staggered terms.
FLORIDA ADMINISTRATIVE CODE DEFINITIONS
FAC Rule 12D-1.002 Definitions. (3) “Livestock” – Animals kept or raised for use or pleasure, especially farm animals Unless otherwise stated or unless otherwise kept for use and profit. Livestock is further clearly indicated by the context in which a defined as those kinds of domestic animals particular term is used, all terms used in this and fowls which are normally susceptible to chapter shall have the same meanings as are confinement within boundaries without attributed to them in the current Florida seriously impairing their utility, and the Statutes. In this connection, reference is intrusion of which upon the land of others made to the definitions contained in Sections normally causes harm to land or to crops 192.001, 196.012, and 197.102, Florida thereon. Statutes.
SALES TAX EXEMPTIONS
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Pg. 34 212.031 Tax on rental or license fee for information is provided by race track use of real property.— officials to properly administer the tax, sales tax is due only on the maximum single (1)(a) It is declared to be the legislative amount for which a horse is sold at all races intent that every person is exercising a at which it is claimed during an entire racing taxable privilege who engages in the season. business of renting, leasing, letting, or (6) It is specifically provided that the use granting a license for the use of any real tax as defined herein does not apply to property unless such property is: livestock and livestock products, to poultry
1. Assessed as agricultural property and poultry products, or to farm and under s. 193.461. agricultural products, when produced by the farmer and used by him or her and members 212.07 Sales, storage, use tax; tax of the farmer’s family and his or her added to purchase price; dealer not to employees on the farm. absorb; liability of purchasers who (7) Provided, however, that each and cannot prove payment of the tax; every agricultural commodity sold by any penalties; general exemptions.— person, other than a producer, to any other person who purchases not for direct (5)(a) The gross proceeds derived from consumption but for the purpose of the sale in this state of livestock, poultry, acquiring raw products for use or for sale in and other farm products direct from the farm the process of preparing, finishing, or are exempted from the tax levied by this manufacturing such agricultural commodity chapter provided such sales are made for the ultimate retail consumer trade shall directly by the producers. The producers be and is exempted from any and all shall be entitled to such exemptions provisions of this chapter, including although the livestock so sold in this state payment of the tax applicable to the sale, may have been registered with a breeders’ or storage, use, or transfer, or any other registry association prior to the sale and utilization or handling thereof, except when although the sale takes place at a livestock such agricultural commodity is actually sold show or race meeting, so long as the sale is as a marketable or finished product to the made by the original producer and within ultimate consumer; in no case shall more this state. When sales of livestock, poultry, than one tax be exacted. or other farm products are made to consumers by any person, as defined herein, 212.08 Sales, rental, use, consumption, other than a producer, they are not exempt distribution, and storage tax; specified from the tax imposed by this chapter. The exemptions.—The sale at retail, the rental, foregoing exemption does not apply to the use, the consumption, the distribution, ornamental nursery stock offered for retail and the storage to be used or consumed in sale by the producer. this state of the following are hereby (b) Sales of race horses at claiming races specifically exempt from the tax imposed by are taxable; however, if sufficient this chapter.
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Pg. 35 pesticides, herbicides, fungicides, and weed 3) EXEMPTIONS; CERTAIN FARM killers used for application on crops or EQUIPMENT.—There shall be no tax on groves, including commercial nurseries and the sale, rental, lease, use, consumption, or home vegetable gardens, used in dairy barns storage for use in this state of power farm or on poultry farms for the purpose of equipment used exclusively on a farm or in a protecting poultry or livestock, or used forest in the agricultural production of crops directly on poultry or livestock; portable or products as produced by those containers or movable receptacles in which agricultural industries included in s. portable containers are placed, used for 570.02(1), or for fire prevention and processing farm products; field and garden suppression work with respect to such crops seeds, including flower seeds; nursery stock, or products. Harvesting may not be seedlings, cuttings, or other propagative construed to include processing activities. material purchased for growing stock; seeds, This exemption is not forfeited by moving seedlings, cuttings, and plants used to farm equipment between farms or forests. produce food for human consumption; cloth, However, this exemption shall not be plastic, and other similar materials used for allowed unless the purchaser, renter, or shade, mulch, or protection from frost or lessee signs a certificate stating that the farm insects on a farm; generators used on poultry equipment is to be used exclusively on a farms; and liquefied petroleum gas or other farm or in a forest for agricultural fuel used to heat a structure in which started production or for fire prevention and pullets or broilers are raised; however, such suppression, as required by this subsection. exemption shall not be allowed unless the Possession by a seller, lessor, or other dealer purchaser or lessee signs a certificate stating of a written certification by the purchaser, that the item to be exempted is for the renter, or lessee certifying the purchaser’s, exclusive use designated herein. Also renter’s, or lessee’s entitlement to an exempt are cellophane wrappers, glue for tin exemption permitted by this subsection and glass (apiarists), mailing cases for relieves the seller from the responsibility of honey, shipping cases, window cartons, and collecting the tax on the nontaxable baling wire and twine used for baling hay, amounts, and the department shall look when used by a farmer to contain, produce, solely to the purchaser for recovery of such or process an agricultural commodity. tax if it determines that the purchaser was not entitled to the exemption. (e) Gas or electricity used for certain
(5) EXEMPTIONS; ACCOUNT OF agricultural purposes.— USE.— 1. Butane gas, propane gas, natural gas, and all other forms of liquefied petroleum a) Items in agricultural use and certain gases are exempt from the tax imposed by nets.—There are exempt from the tax this chapter if used in any tractor, vehicle, or imposed by this chapter nets designed and other farm equipment which is used used exclusively by commercial fisheries; exclusively on a farm or for processing farm disinfectants, fertilizers, insecticides, products on the farm and no part of which
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Pg. 36 gas is used in any vehicle or equipment form for wholesale distribution. The driven or operated on the public highways of exemption does not apply to electricity used this state. This restriction does not apply to in buildings or structures where agricultural the movement of farm vehicles or farm products are sold at retail. This exemption equipment between farms. The transporting applies only if the electricity used for the of bees by water and the operating of exempt purposes is separately metered. If equipment used in the apiary of a beekeeper the electricity is not separately metered, it is is also deemed an exempt use. conclusively presumed that some portion of 2. Electricity used directly or indirectly the electricity is used for a nonexempt for production, packing, or processing of purpose, and all of the electricity used for agricultural products on the farm, or used such purposes is taxable. directly or indirectly in a packinghouse, is exempt from the tax imposed by this (7) MISCELLANEOUS EXEMPTIONS. chapter. As used in this subsection, the term “packinghouse” means any building or (d) Feeds.—Feeds for poultry, ostriches, structure where fruits, vegetables, or meat and livestock, including racehorses and from cattle or hogs is packed or otherwise dairy cows, are exempt. prepared for market or shipment in fresh
FLORIDA RIGHT TO FARM ACT
823.14 Florida Right to Farm Act.— improvement, and preservation of agriculture will result in a general benefit to (1) SHORT TITLE.—This section shall be the health and welfare of the people of the known and may be cited as the “Florida state. The Legislature further finds that Right to Farm Act.” agricultural activities conducted on farm (2) LEGISLATIVE FINDINGS AND land in urbanizing areas are potentially PURPOSE.—The Legislature finds that subject to lawsuits based on the theory of agricultural production is a major nuisance and that these suits encourage and contributor to the economy of the state; that even force the premature removal of the agricultural lands constitute unique and farm land from agricultural use. It is the irreplaceable resources of statewide purpose of this act to protect reasonable importance; that the continuation of agricultural activities conducted on farm agricultural activities preserves the land from nuisance suits. landscape and environmental resources of (3) DEFINITIONS.—As used in this the state, contributes to the increase of section: tourism, and furthers the economic self- (a) “Farm” means the land, buildings, sufficiency of the people of the state; and support facilities, machinery, and other that the encouragement, development,
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Pg. 37 appurtenances used in the production of date of operation shall be a public or private farm or aquaculture products. nuisance if the farm operation conforms to (b) “Farm operation” means all conditions or generally accepted agricultural and activities by the owner, lessee, agent, management practices, except that the independent contractor, and supplier which following conditions shall constitute occur on a farm in connection with the evidence of a nuisance: production of farm, honeybee, or apiculture 1. The presence of untreated or improperly products and includes, but is not limited to, treated human waste, garbage, offal, dead the marketing of produce at roadside stands animals, dangerous waste materials, or gases or farm markets; the operation of machinery which are harmful to human or animal life. and irrigation pumps; the generation of 2. The presence of improperly built or noise, odors, dust, and fumes; ground or improperly maintained septic tanks, water aerial seeding and spraying; the placement closets, or privies. and operation of an apiary; the application 3. The keeping of diseased animals which of chemical fertilizers, conditioners, are dangerous to human health, unless such insecticides, pesticides, and herbicides; and animals are kept in accordance with a the employment and use of labor. current state or federal disease control (c) “Farm product” means any plant, as program. defined in s. 581.011, or animal or insect 4. The presence of unsanitary places where useful to humans and includes, but is not animals are slaughtered, which may give limited to, any product derived therefrom. rise to diseases which are harmful to human (d) “Established date of operation” means or animal life. the date the farm operation commenced. If (b) No farm operation shall become a public the farm operation is subsequently expanded or private nuisance as a result of a change in within the original boundaries of the farm ownership, a change in the type of farm land, the established date of operation of the product being produced, a change in expansion shall also be considered as the conditions in or around the locality of the date the original farm operation commenced. farm, or a change brought about to comply If the land boundaries of the farm are with Best Management Practices adopted by subsequently expanded, the established date local, state, or federal agencies if such farm of operation for each expansion is deemed to has been in operation for 1 year or more be a separate and independent established since its established date of operation and if date of operation. The expanded operation it was not a nuisance at the time of its shall not divest the farm operation of a established date of operation. previous established date of operation. (5) WHEN EXPANSION OF (4) FARM OPERATION NOT TO BE OR OPERATION NOT PERMITTED.—This BECOME A NUISANCE.— act shall not be construed to permit an (a) No farm operation which has been in existing farm operation to change to a more operation for 1 year or more since its excessive farm operation with regard to established date of operation and which was noise, odor, dust, or fumes where the not a nuisance at the time of its established existing farm operation is adjacent to an
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Pg. 38 established homestead or business on March Environmental Protection, the Department 15, 1982. of Agriculture and Consumer Services, or (6) LIMITATION ON DUPLICATION OF water management districts and adopted GOVERNMENT REGULATION.—It is the under chapter 120 as part of a statewide or intent of the Legislature to eliminate regional program. When an activity of a duplication of regulatory authority over farm farm operation takes place within a wellfield operations as expressed in this subsection. protection area as defined in any wellfield Except as otherwise provided for in this protection ordinance adopted by a local section and s. 487.051(2), and government, and the adopted best notwithstanding any other provision of law, management practice or interim measure a local government may not adopt any does not specifically address wellfield ordinance, regulation, rule, or policy to protection, a local government may regulate prohibit, restrict, regulate, or otherwise limit that activity pursuant to such ordinance. an activity of a bona fide farm operation on This subsection does not limit the powers land classified as agricultural land pursuant and duties provided for in s. 373.4592 or to s. 193.461, where such activity is limit the powers and duties of any local regulated through implemented best government to address an emergency as management practices or interim measures provided for in chapter 252. developed by the Department of
BUILDING CODES AND EXEMPTIONS
553.73 Florida Building Code.— further exemptions shall be as determined by the Legislature and provided by law: (1)(a) The commission shall adopt, by (c) Nonresidential farm buildings on rule pursuant to ss. 120.536(1) and 120.54, farms. the Florida Building Code which shall contain or incorporate by reference all laws 604.50 Nonresidential farm buildings; and rules which pertain to and govern the farm fences; farm signs.— design, construction, erection, alteration, (1) Notwithstanding any provision of law modification, repair, and demolition of to the contrary, any nonresidential farm public and private buildings, structures, and building, farm fence, or farm sign that is facilities and enforcement of such laws and located on lands used for bona fide rules, except as otherwise provided in this agricultural purposes is exempt from the section. Florida Building Code and any county or (10) The following buildings, structures, municipal code or fee, except for code and facilities are exempt from the Florida provisions implementing local, state, or Building Code as provided by law, and any federal floodplain management regulations. A farm sign located on a public road may
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Pg. 39 not be erected, used, operated, or maintained s. 553.73(10)(c) or that is used primarily for in a manner that violates any of the agricultural purposes, is located on land that standards provided in s. 479.11(4), (5)(a), is an integral part of a farm operation or is and (6)-(8). classified as agricultural land under s. (2) As used in this section, the term: 193.461, and is not intended to be used as a (a) “Bona fide agricultural purposes” has residential dwelling. The term may include, the same meaning as provided in s. 193.461 but is not limited to, a barn, greenhouse, (3)(b). shade house, farm office, storage building, (b) “Farm” has the same meaning as or poultry house. provided in s. 823.14. (c) “Farm sign” means a sign erected, 604.40 Farm equipment.— used, or maintained on a farm by the owner Notwithstanding any other law, ordinance, or lessee of the farm which relates solely to rule, or policy to the contrary, all power- farm produce, merchandise, or services sold, drawn, power-driven, or self-propelled produced, manufactured, or furnished on the equipment used on a farm may be stored, farm. maintained, or repaired by the owner within (d) “Nonresidential farm building” means the boundaries of the owner’s farm and at any temporary or permanent building or least 50 feet away from any public road support structure that is classified as a without limitation. nonresidential farm building on a farm under
VEHICLES
FLORIDA STATUTES - EXEMPTIONS FARM VEHICLES
322.04 Persons exempt from obtaining issued in accordance with the requirements driver's license.-- of this chapter. (1) The following persons are exempt from (2) The following persons are exempt from obtaining a driver's license: the requirement to obtain a commercial (b) Any person while driving or operating driver's license: any road machine, farm tractor, or (a) Drivers of authorized emergency implement of husbandry temporarily vehicles. operated or moved on a highway. (b) Military personnel driving vehicles operated for military purposes. 322.53 License required; exemptions.-- (c) Farmers transporting farm supplies or (1) Except as provided in subsection (2), farm machinery within 150 miles of their every person who drives a commercial farm, or transporting agricultural products to motor vehicle in this state is required to or from the first place of storage or possess a valid commercial driver's license
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Pg. 40 processing or directly to or from market, (19) "Farmer" means a person who grows within 150 miles of their farm. agricultural products, including aqua- (d) Drivers of recreational vehicles, as cultural, horticultural, and forestry products, defined in s. 320.01. and, except as provided herein, employees (e) Drivers who operate straight trucks, as of such persons. The term does not include defined in s. 316.003, that are exclusively employees whose primary purpose of transporting their own tangible personal employment is the operation of motor property which is not for sale. vehicles. (f) An employee of a publicly owned transit (20) "Farm tractor" means a motor vehicle system who is limited to moving vehicles designed and used primarily as a farm for maintenance or parking purposes implement for drawing plows, mowing exclusively within the restricted-access machines, and other implements of confines of a transit system's property. husbandry.
(3) Notwithstanding subsection (2), all 320.01 Definitions, general.--As used in drivers of for-hire commercial motor the Florida Statutes, except as otherwise vehicles are required to possess a valid provided, the term: commercial driver's license issued in 22) "Golf cart" means a motor vehicle that accordance with the requirements of this is designed and manufactured for operation chapter. on a golf course for sporting or recreational purposes and that is not capable of (4) A resident who is exempt from exceeding speeds of 20 miles per hour. obtaining a commercial driver's license pursuant to paragraph (2)(b), paragraph (42) "Low-speed vehicle" means any four- (2)(d), paragraph (2)(e), or paragraph (2)(f) wheeled electric vehicle whose top speed is may drive a commercial motor vehicle greater than 20 miles per hour but not pursuant to the exemption granted in greater than 25 miles per hour, including paragraph (2)(b), paragraph (2)(d), neighborhood electric vehicles. Low-speed paragraph (2)(e), or paragraph (2)(f) if he or vehicles must comply with the safety she possesses a valid Class E driver's license standards in 49 C.F.R. s. 571.500 and s. or a military license. 316.2122.
(5) The department shall adopt rules and (43) "Utility vehicle" means a motor enter into necessary agreements with other vehicle designed and manufactured for jurisdictions to provide for the operation of general maintenance, security, and commercial vehicles by nonresidents landscaping purposes, but the term does not pursuant to the exemption granted in include any vehicle designed or used subsection (2). primarily for the transportation of persons or property on a street or highway, or a golf 322.01 Definitions.--As used in this cart, or an all-terrain vehicle as defined in s. chapter: 316.2074.
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Pg. 41 in this section shall be construed as (44) For purposes of this chapter, the term exempting such farm tractors and farm "agricultural products" means any food trailers from laws relating to the tires to be product; any agricultural, horticultural, or used when operating on the roads of this livestock product; any raw material used in state. plant food formulation; and any plant food used to produce food and fiber. Chapter 316 (45) "Mini truck" means any four-wheeled, STATE UNIFORM TRAFFIC reduced-dimension truck that does not have CONTROL a National Highway Traffic Safety 316.003 Definitions.--The following words Administration truck classification, with a and phrases, when used in this chapter, shall top speed of 55 miles per hour, and which is have the meanings respectively ascribed to equipped with headlamps, stop lamps, turn them in this section, except where the signal lamps, tail lamps, reflex reflectors, context otherwise requires: parking brakes, rearview mirrors, windshields, and seat belts. 12) FARM TRACTOR.--Any motor vehicle designed and used primarily as a farm 320.51 Farm tractors and farm trailers implement for drawing plows, mowing exempt.-- machines, and other implements of The following are exempt from the husbandry. provisions of this chapter which require the 16) IMPLEMENT OF HUSBANDRY.-- registration of motor vehicles, the payment Any vehicle designed and adapted of license taxes, and the display of license exclusively for agricultural, horticultural, or plates: livestock-raising operations or for lifting or carrying an implement of husbandry and in (1) A motor vehicle which is operated either case not subject to registration if used principally on a farm, grove, or orchard in upon the highways. agricultural or horticultural pursuits and which is operated on the roads of this state 42) ROADWAY.--That portion of a only incidentally in going from the owner's highway improved, designed, or ordinarily or operator's headquarters to such farm, used for vehicular travel, exclusive of the grove, or orchard and returning therefrom or berm or shoulder. In the event a highway in going from one farm, grove, or orchard to includes two or more separate roadways, the another; and term "roadway" as used herein refers to any such roadway separately, but not to all such (2) A vehicle without motive power which roadways collectively. is used principally for the purpose of transporting plows, harrows, fertilizer (68) GOLF CART.--A motor vehicle distributors, spray machines, and other farm designed and manufactured for operation on or grove equipment and which uses the a golf course for sporting or recreational roads of this state only incidentally. Nothing purposes.
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Pg. 42
316.215 Scope and effect of regulations.-- (3) Every combination of farm tractor and towed farm equipment or towed implement (3) The provisions of this chapter with of husbandry shall at all times mentioned in respect to equipment required on vehicles s. 316.217 be equipped with lamps and shall not apply to implements of husbandry, reflectors as follows: road machinery, road rollers, or farm (a) The farm tractor shall be equipped as tractors except as herein made applicable. required in subsections (1) and (2). (b) If the towed unit or its load extends 316.2295 Lamps, reflectors and emblems more than 4 feet to the rear of the tractor or on farm tractors, farm equipment and obscures any light thereon, the unit shall be implements of husbandry.-- equipped on the rear with at least two red (1) Every farm tractor and every self- reflectors visible from all distances within propelled unit of farm equipment or 600 feet to 100 feet to the rear when directly implement of husbandry manufactured or in front of lawful lower beams of assembled after January 1, 1972, shall be headlamps. equipped with vehicular hazard-warning (c) If the towed unit of such combination lights visible from a distance of not less than extends more than 4 feet to the left of the 1,000 feet to the front and rear in normal centerline of the tractor, the unit shall be sunlight, which shall be displayed whenever equipped on the front with an amber any such vehicle is operated upon a reflector visible from all distances within highway. 600 feet to 100 feet to the front when
(2) Every farm tractor and every self- directly in front of lawful lower beams of propelled unit of farm equipment or headlamps. This reflector shall be so implement of husbandry manufactured or positioned to indicate, as nearly as assembled after January 1, 1972, shall at all practicable, the extreme left projection of times, and every other such motor vehicle the towed unit.
shall at all times mentioned in s. 316.217, be (4) The two red reflectors required in the equipped with lamps and reflectors as foregoing subsections shall be so positioned follows: as to show from the rear, as nearly as (a) At least two headlamps meeting the practicable, the extreme width of the vehicle requirements of ss. 316.237 and 316.239. or combination carrying them. If all other (b) At least one red lamp visible when requirements are met, reflective tape or paint lighted from a distance of not less than may be used in lieu of the reflectors required 1,000 feet to the rear mounted as far to the by subsection (3). left of the center of the vehicle as practicable. (5) Every farm tractor and every self- (c) At least two red reflectors visible from propelled unit of farm equipment or all distances within 600 feet to 100 feet to implement of husbandry designed for the rear when directly in front of lawful operation at speeds not in excess of 25 miles lower beams of headlamps. per hour shall at all times be equipped with a
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Pg. 43 slow moving vehicle emblem mounted on a nonmoving violation as provided in the rear except as provided in subsection (6). chapter 318.
(6) Every combination of farm tractor and 316.217 When lighted lamps are required towed farm equipment or towed implement (1) Every vehicle operated upon a highway of husbandry normally operating at speeds within this state shall display lighted lamps not in excess of 25 miles per hour shall at all and illuminating devices as herein times be equipped with a slow moving respectively required for different classes of vehicle emblem as follows: vehicles, subject to exceptions with respect (a) When the towed unit or any load thereon to parked vehicles, under the following obscures the slow moving vehicle emblem conditions; on the farm tractor, the towed unit shall be equipped with a slow moving vehicle (a) At any time from sunset to sunrise emblem. In such cases, the towing vehicle including the twilight hours. Twilight hours need not display the emblem. shall mean the time between sunset and full (b) When the slow moving vehicle emblem night or between full night and sunrise. on the farm tractor unit is not obscured by (b) During any rain, smoke, or fog. the towed unit or its load, then either or both (c) Stop lights, turn signals, and other may be equipped with the required emblem, signaling devices shall be lighted as but it shall be sufficient if either has it. prescribed for use of such devices.
(c) The emblem required by subsections (5) 316.515 Maximum width, height, length and (6) shall comply with current standards and specifications of the American Society (5) IMPLEMENTS OF HUSBANDRY of Agricultural Engineers approved by the AND FARM EQUIPMENT; department. AGRICULTURAL TRAILERS;
(7) Except during the periods of time stated FORESTRY EQUIPMENT; SAFETY in s. 316.217(1), an agricultural product REQUIREMENTS.-- trailer which is less than 10 feet in length (a) Notwithstanding any other provisions of and narrower than the hauling vehicle is not law, straight trucks, agricultural tractors, and required to have tail lamps, stop lamps, and cotton module movers, not exceeding 50 turn signals and may use the hauling feet in length, or any combination of up to vehicle's lighting apparatus to meet the and including three implements of requirements of ss. 316.221 and 316.222. husbandry, including the towing power unit, However, the load of the agricultural and any single agricultural trailer with a load product trailer must be contained within the thereon or any agricultural implements trailer and must not in any way obstruct the attached to a towing power unit, or a self- hauling vehicle's lighting apparatus. propelled agricultural implement or an (8) A violation of this section is a agricultural tractor, is authorized for the noncriminal traffic infraction, punishable as purpose of transporting peanuts, grains, soybeans, cotton, hay, straw, or other perishable farm products from their point of
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Pg. 44 production to the first point of change of exceeded by such equipment without a custody or of long-term storage, and for the permit. To be eligible for this exemption, the purpose of returning to such point of equipment shall be operated within a radius production, or for the purpose of moving of 50 miles of the real property owned, such tractors, movers, and implements from rented, or leased by the equipment owner. one point of agricultural production to However, equipment being delivered by a another, by a person engaged in the dealer to a purchaser is not subject to the 50- production of any such product or custom mile limitation. Farming or agricultural hauler, if such vehicle or combination of equipment greater than 174 inches in width vehicles otherwise complies with this must have one warning lamp mounted on section. The Department of Transportation each side of the equipment to denote the may issue over length permits for cotton width and must have a slow-moving vehicle module movers greater than 50 feet but not sign. Warning lamps required by this more than 55 feet in overall length. Such paragraph must be visible from the front and vehicles shall be operated in accordance rear of the vehicle and must be visible from with all safety requirements prescribed by a distance of at least 1,000 feet. law and rules of the Department of Transportation. (d) The operator of equipment operated under this subsection is responsible for b) Notwithstanding any other provision of verifying that the route used has adequate law, equipment not exceeding 136 inches in clearance for the equipment. width and not capable of speeds exceeding 20 miles per hour which is used exclusively 316.520 Loads on vehicles for harvesting forestry products is (1) A vehicle may not be driven or moved authorized for the purpose of transporting on any highway unless the vehicle is so equipment from one point of harvest to constructed or loaded as to prevent any of its another point of harvest, not to exceed 10 load from dropping, shifting, leaking, miles, by a person engaged in the harvesting blowing, or otherwise escaping therefrom, of forestry products. Such vehicles must be except that sand may be dropped only for operated during daylight hours only, in the purpose of securing traction or water or accordance with all safety requirements other substance may be sprinkled on a prescribed by s. 316.2295(5) and (6). roadway in cleaning or maintaining the
(c) The width and height limitations of this roadway. section do not apply to farming or agricultural equipment, whether self- (2) It is the duty of every owner and driver, propelled, pulled, or hauled, when severally, of any vehicle hauling, upon any temporarily operated during daylight hours public road or highway open to the public, upon a public road that is not a limited dirt, sand, lime rock, gravel, silica, or other access facility as defined in s. 334.03(13), similar aggregate or trash, garbage, any and the width and height limitations may be inanimate object or objects, or any similar material that could fall or blow from such
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Pg. 45 vehicle, to prevent such materials from securing the load, so as to fasten the load falling, blowing, or in any way escaping securely to the vehicle. from such vehicle. Covering and securing the load with a close-fitting tarpaulin or 316.530 Towing requirements other appropriate cover or a load securing 2) When a vehicle is towing a trailer or device meeting the requirements of 49 semitrailer on a public road or highway by C.F.R. s. 393.100 or a device designed to means of a trailer hitch to the rear of the reasonably ensure that cargo will not shift vehicle, there shall be attached in addition upon or fall from the vehicle is required and thereto safety chains, cables, or other safety shall constitute compliance with this section. devices that comply with 49 C.F.R. subpart F, ss. 393.71(g)(2)(1) and 393.71(h)(10) (4) The provision of subsection (2) from the trailer or semitrailer to the vehicle. requiring covering and securing the load These safety chains, cables, or other safety with a close-fitting tarpaulin or other devices shall be of sufficient strength to appropriate cover does not apply to vehicles maintain connection of the trailer or carrying agricultural products locally from a semitrailer to the pulling vehicle under all harvest site or to or from a farm on roads conditions while the trailer or semitrailer is where the posted speed limit is 65 miles per being towed by the vehicle. The provisions hour or less and the distance driven on of this subsection shall not apply to trailers public roads is less than 20 miles. or semitrailers using a hitch known as a fifth wheel nor to farm equipment traveling less 316.525 Requirements for vehicles than 20 miles per hour. hauling loads.-- (1) It is the duty of every owner, licensee, SB 310 — Off-highway Vehicles and driver, severally, of any truck, trailer, The bill (Chapter 2019-19, L.O.F.) redefines semitrailer, or pole trailer to use such the terms “ATV” (all-terrain vehicle) and stanchions, standards, stays, supports, or “ROV” (recreational off-highway vehicle) other equipment, appliances, or and to increase the width and dry weight contrivances, together with one or more lock allowed for these vehicles. This change will chains, when lock chains are the most allow manufacturers to meet increasing suitable means of fastening the load, or consumer and regulatory demands for safer together with nylon strapping, when nylon vehicles. strapping is the most suitable means of These provisions were approved by the Governor and took effect July 1, 2019.
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TOWN OF DAVIE HORSE FARM
LOCAL BUSINESS TAXES
205.064 Farm, aqua-cultural, grove, therefrom, except intoxicating liquors, wine, horticultural, floricultural, tropical pisci- or beer, when such products were grown or cultural, and tropical fish farm products; produced by such person in the state. certain exemptions. (2) A wholesale farmers’ produce market may pay a tax of not more than $200 for a (1) A local business tax receipt is not receipt that will entitle the market’s stall required of any person for the privilege of tenants to engage in the selling of engaging in the selling of farm, aqua- agricultural and horticultural products cultural, grove, horticultural, floricultural, therein, in lieu of such tenants being tropical pisci-cultural, or tropical fish farm required to obtain individual local business products, or products manufactured tax receipts to so engage.
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SIGNS
479.16 Signs for which permits are not (2) Signs erected, used, or maintained on required. a farm by the owner or lessee of such farm and relating solely to farm produce, The following signs are exempt from the merchandise, service, or entertainment sold, requirement that a permit for a sign be produced, manufactured, or furnished on obtained under the provisions of this chapter such farm. but are required to comply with the provisions of s. 479.11(4)-(8):
WELLS, LAKES, EARTH MOVING ETC. EXEMPTIONS
373.313 Prior permission and notification. on the person’s farm, and when the waters to be produced are not intended for use by the (1) Taking into consideration other public or any residence other than his or her applicable state laws, in any geographical own, provided that such person complies area where the department determines such with all local and state rules and regulations permission to be reasonably necessary to relating to the construction of water wells. protect the groundwater resources, prior permission shall be obtained from the 373.406 Exemptions. The following department for each of the following: exemptions shall apply: (a) The construction of any water well; (b) The repair of any water well; or (1) Nothing herein, or in any rule, (c) The abandonment of any water well. regulation, or order adopted pursuant hereto, shall be construed to affect the right of any natural person to capture, discharge, and use 373.326 Exemptions. water for purposes permitted by law. (2) Notwithstanding s. 403.927, nothing (2) Nothing in this part shall prevent a herein, or in any rule, regulation, or order person who has not obtained a license adopted pursuant hereto, shall be construed to affect the right of any person engaged in pursuant to s. 373.323 from constructing a the occupation of agriculture, silviculture, well that is 2 inches or under in diameter, on floriculture, or horticulture to alter the the person’s own or leased property, topography of any tract of land, including, intended for use only in a single-family but not limited to, activities that may impede house which is his or her residence, or or divert the flow of surface waters or intended for use only for farming purposes adversely impact wetlands, for purposes
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Pg. 48 consistent with the normal and customary exemption has retroactive application to July practice of such occupation in the area. 1, 1984. However, such alteration or activity may not (3) Nothing herein, or in any rule, be for the sole or predominant purpose of regulation, or order adopted pursuant hereto, impeding or diverting the flow of surface shall be construed to be applicable to waters or adversely impacting wetlands. construction, operation, or maintenance of This exemption applies to lands classified as any agricultural closed system. However, agricultural pursuant to s. 193.461 and to part II of this chapter shall be applicable as activities requiring an environmental to the taking and discharging of water for resource permit pursuant to this part. This filling, replenishing, and maintaining the exemption does not apply to any activities water level in any such agricultural closed previously authorized by an environmental system. This subsection shall not be resource permit or a management and construed to eliminate the necessity to meet storage of surface water permit issued generally accepted engineering practices for pursuant to this part or a dredge and fill construction, operation, and maintenance of permit issued pursuant to chapter 403. This dams, dikes, or levees.
DEFINITIONS STATE LAW
163.3164 Community Planning Act; definitions as used in this act: (14) “Development” has the same meaning as in s. 380.04.
(16) “Development permit” includes any building permit, zoning permit, subdivision approval, rezoning, certification, special exception, variance, or any other official action of local government having the effect of permitting the development of land.
(26) “Land development regulations” means ordinances enacted by governing bodies for the regulation of any aspect of development and includes any local government zoning, rezoning, subdivision, building construction, or sign regulations or any other regulations controlling the development of land, except that this definition does not apply in s. 163.3213. 163.3213 Administrative review of land development regulations. (1) It is the intent of the Legislature that substantially affected persons have the right to maintain administrative actions which assure that land development regulations implement and are consistent with the local comprehensive plan.
(2) As used in this section: (b) “Land development regulation” means an ordinance enacted by a local governing body for the regulation of any aspect of development, including a subdivision, building construction, landscaping, tree protection, or sign regulation or any other regulation concerning the development of land. This term shall include
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Pg. 49 a general zoning code, but shall not include a zoning map, an action which results in zoning or rezoning of land, or any building construction standard adopted pursuant to and in compliance with the provisions of chapter 553.
163.3194 Legal status of comprehensive plan. (5) The tax-exempt status of lands classified as agricultural under s. 193.461 shall not be affected by any comprehensive plan adopted under this act as long as the land meets the criteria set forth in s. 193.461.
380.04 Definition of development.— (3) The following operations or uses shall not be taken for the purpose of this chapter to involve “development” as defined in this section:
(e) The use of any land for the purpose of growing plants, crops, trees, and other agricultural or forestry products; raising livestock; or for other agricultural purposes.
CS/SB 82 — Vegetable Gardens
CS/SB 82 prohibits a county, municipality, or other political subdivision of the state from regulating vegetable gardens on residential properties. Any local ordinance or regulation regarding vegetable gardens on residential properties is void and unenforceable. The bill provides an exception for local ordinances or regulations of a general nature that do not specifically regulate vegetable gardens, including, but not limited to, regulations and ordinances relating to water use during drought conditions, fertilizer use, or control of invasive species.
The bill defines the term “vegetable garden” as a plot of ground where herbs, fruits, flowers, or vegetables are cultivated for human consumption.
If approved by the Governor, these provisions take effect July 1, 2019.
FLORIDA ATTORNEY GENERAL OPINIONS
Number: AGO 2013-01 (http://myfloridalegal.com/opinions) Date: January 29, 2013 Subject: Nonresidential farm buildings, regulation
Number: AGO 2001-71 (http://myfloridalegal.com/opinions) Date: October 10, 2001 Subject: Nonresidential farm building, zoning/building permits
Number: AGO 2009-26 (http://myfloridalegal.com/opinions) Date: June 15, 2009 Subject: Right to Farm Act, residential dwelling
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TOWN OF DAVIE CATTLE FARM
Agriculture Improvement Act of 2018: Highlights and Implications
The United States addresses agricultural and food policy through a variety of programs, including nutrition assistance, crop insurance, commodity support, and conservation. Much of the legal framework for agricultural and food policy is set through a legislative process that occurs approximately every 5 years.
The current farm law, the Agriculture Improvement Act of 2018 (2018 Farm Act), was signed on December 20, 2018, and will remain in force through 2023, although some provisions extend beyond 2023. The 2018 Farm Act makes few major changes in agricultural and food policy. Nutrition policy, particularly the Supplemental Nutrition Assistance Program (SNAP), will continue with minor changes. Crop insurance options and agricultural commodity programs will exist much as under the 2014 Farm Act. All major conservation programs are continued, although some are modified significantly. Programs are expanded for trade, research and extension, energy, specialty crops, organic agriculture, local and regional foods, and beginning/socially disadvantaged/veteran farmers and ranchers.
The 2018 Farm Act increases FY2019-FY2023 spending by $1.8 billion (less than 1 percent) above the level projected for a continuation of the previous farm act. The Congressional Budget Office projects that 76 percent of
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Pg. 51 outlays under the 2018 Farm Act will fund nutrition programs, 9 percent will fund crop insurance programs, 7 percent will fund conservation programs, 7 percent will fund commodity programs, and the remaining 1 percent will fund all other programs, including trade, credit, rural development, research and extension, forestry, horticulture and miscellaneous programs.
Topic Area Highlights and Economic Implications
The core research and data program of the Economic Research Service covers the breadth of USDA programs affected by the 2018 Farm Act: farming, nutrition, conservation, trade, rural development, research, and energy. ERS will provide highlights and summaries of important new programs and provisions, as well as some economic implications of the new farm legislation based on ERS expertise, in the following policy areas:
• Crop Commodity Programs (includes provisions from Titles I and XI) • Dairy & Livestock (includes provisions from Titles I and XII) • Conservation (Title II only) • Trade (Title III only) • Nutrition (Title IV only) • Credit (Title V only) • Rural Development (Title VI only) • Research, Extension, and Related Matters (Title VII only) • Energy (Title IX and VII) • Crop Insurance (Title XI only)
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Pg. 52 • Specialty Crops (includes provisions from Titles III, IV, VII, X, XI, and XII) • Organic Agriculture (includes provisions from Titles II, III, V, VII, X and XI) • Local and Regional Foods (includes provisions from Titles IV, VI, VII, X, XI, and XII) • Beginning, Socially Disadvantaged, and Veteran Farmers and Ranchers (includes provisions from Titles I, II, V, VII, XI, and XII). ERS Policy-Related Research
The core research and data program of the Economic Research Service covers the breadth of USDA programs touched by farm legislation.
For further information visit https://www.ers.usda.gov/agriculture-improvement-act-of-2018-highlights-and- implications/
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