Bill Text: FL S1132 | 2012 | Regular Session | Comm Sub
Bill Title: Agriculture
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-03-05 - Laid on Table, refer to CS/HB 1197 -SJ 787 [S1132 Detail]
Download: Florida-2012-S1132-Comm_Sub.html
Florida Senate - 2012 CS for SB 1132 By the Committee on Budget Subcommittee on General Government Appropriations; and Senators Hays and Montford 601-02811-12 20121132c1 1 A bill to be entitled 2 An act relating to agriculture; amending s. 823.14, 3 F.S.; revising definitions relating to the Florida 4 Right to Farm Act to include beekeeping; amending s. 5 586.02, F.S.; revising the definition of the term 6 “apiary” and adding a definition for the term 7 “apiculture”; amending s. 586.10, F.S.; providing that 8 authority to regulate honeybee colonies is preempted 9 to the state; requiring that the Department of 10 Agriculture and Consumer Services adopt rules after 11 consulting with local governments and other affected 12 stakeholders; reordering and amending s. 604.50, F.S.; 13 providing an exemption from the Florida Building Code 14 for farm signs; providing an effective date. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18 Section 1. Paragraphs (b) and (c) of subsection (3) of 19 section 823.14, Florida Statutes, are amended to read: 20 823.14 Florida Right to Farm Act.— 21 (3) DEFINITIONS.—As used in this section: 22 (b) “Farm operation” means all conditions or activities by 23 the owner, lessee, agent, independent contractor, and supplier 24 which occur on a farm in connection with the production of farm, 25 honeybee, or aquaculture products and includes, but is not 26 limited to, the marketing of produce at roadside stands or farm 27 markets; the operation of machinery and irrigation pumps; the 28 generation of noise, odors, dust, and fumes; ground or aerial 29 seeding and spraying; the placement and operation of an apiary; 30 the application of chemical fertilizers, conditioners, 31 insecticides, pesticides, and herbicides; and the employment and 32 use of labor. 33 (c) “Farm product” means any plant, as defined in s. 34 581.011, or animal or insect useful to humans and includes, but 35 is not limited to, any product derived therefrom. 36 Section 2. Subsection (1) of section 586.02, Florida 37 Statutes, is amended, present subsections (2) through (14) of 38 that section are redesignated as subsections (3) through (15), 39 respectively, and a new subsection (2) is added to that section, 40 to read: 41 586.02 Definitions.—As used in this chapter: 42 (1) “Apiary” means a beeyard or site where honeybee hives, 43 honeybees, or honeybee equipment is located. The beeyard or site 44 may be located on land classified as agricultural under s. 45 193.461 or on land that is integral to a beekeeping operation. 46 (2) “Apiculture” means the raising, caring, and breeding of 47 honeybees. 48 Section 3. Section 586.10, Florida Statutes, is amended to 49 read: 50 586.10 Powers and duties of department.—The authority to 51 regulate, inspect, and permit managed honeybee colonies and to 52 adopt rules on the placement and location of registered 53 inspected managed honeybee colonies is preempted to the state 54 through the department and supersedes any related ordinance 55 adopted by a county, municipality, or political subdivision 56 thereof. The department shallhave the powers and duties to: 57 (1) After consulting with local governments and other 58 affected stakeholders, adopt rules to administer this section. 59 (2)(1)Administer and enforce the provisions of this 60 chapter. 61 (3)(2)AdoptPromulgaterules necessary to the enforcement 62 of this chapter. 63 (4)(3)AdoptPromulgaterules relating to standard grades 64 for honey and other honeybee products. 65 (5)(4)Enter upon any public or private premise or carrier 66 during regular business hours for the purpose of inspection, 67 quarantine, destruction, or treatment of honeybees, used 68 beekeeping equipment, unwanted races of honeybees, or regulated 69 articles. 70 (6)(5)Declare a honeybee pest or unwanted race of 71 honeybees to be a nuisance to the beekeeping industry as well as 72 any honeybee or otherarticleinfested or infected article 73therewithorthat has been exposed to infestation or infection 74 in a manner believed likely to communicate the infection or 75 infestation. 76 (7)(6)Declare a quarantine against any area, place, or 77 political unit within this state or other states, territories, 78 or foreign countries, or portion thereof, in reference to 79 honeybee pests or unwanted races of honeybees and prohibit the 80 movement within this state from other states, territories, or 81 foreign countries of all honeybees, honeybee products, used 82 beekeeping equipment, or other articles from such quarantined 83 places or areas which are likely to carry honeybee pests or 84 unwanted races of honeybees if the quarantine is determined, 85 after due investigation, to be necessary in order to protect 86 this state’s beekeeping industry, honeybees, and the public. In 87 such cases, the quarantine may be made absolute or rules may be 88 adopted prescribing the method and manner under which the 89 prohibited articles may be moved into or within, sold in, or 90 otherwise disposed of in this state. 91 (8)(7)Enter into cooperative arrangements with any person, 92 municipality, county, or other department of this state or any 93 agency, officer, or authority of other states or the United 94 States Government, including the United States Department of 95 Agriculture, for inspection of honeybees, honeybee pests, or 96 unwanted races of honeybees and products thereof and the control 97 or eradication of honeybee pests and unwanted races of 98 honeybees, and contribute a share of the expenses incurred under 99 such arrangements. 100 (9)(8)Carry on investigations of methods of control, 101 eradication, and prevention of dissemination of honeybee pests 102 or unwanted races of honeybees. 103 (10)(9)Inspect or cause to be inspected all apiaries in 104 the state at such intervals as it may deem best and to keep a 105 complete, accurate, and current list of all inspected apiaries 106 to include the: 107 (a) Name of the apiary. 108 (b) Name of the owner of the apiary. 109 (c) Mailing address of the apiary owner. 110 (d) Location of the apiary. 111 (e) Number of hives in the apiary. 112 (f) Pest problems associated with the apiary. 113 (g) Brands used by beekeepers where applicable. 114 (11)(10)Collect or accept from other agencies or 115 individuals specimens of arthropods, nematodes, fungi, bacteria, 116 or other organisms for identification. 117 (12)(11)Confiscate, destroy, or make use of abandoned 118 beehives or beekeeping equipment. 119 (13)(12)Require the identification of ownership of 120 apiaries. 121 (14)(13)Enter into a compliance agreement with any person 122 engaged in purchasing, assembling, exchanging, processing, 123 utilizing, treating, or moving beekeeping equipment or 124 honeybees. 125 (15)(14)Make and issue to beekeepers certificates of 126 registration and inspection, following proper inspection and 127 certification of their honeybee colonies. 128 (16)(15)Revoke or suspend a beekeeper’s or honeybee 129 product processor’s certificate of inspection or the use of a 130 certificate or permit issued by the department if the department 131 determines that theabeekeeper or honeybee product processor is 132 selling or offering for sale or is distributing or offering to 133 distribute honeybees, honeybee products, or beekeeping equipment 134 in violation of this chapter or rules adopted under this 135 chapter, or has aided or abetted in suchtheviolation, the136department may revoke or suspend her or his certificate of137inspection or the use of any certificate or permit issued by the138department. 139 (17)(16)The department mayRefuse the certification of any 140 honeybees, honeybee products, or beekeeping equipment ifwhenit 141 is determined that an unwanted race of honeybees exists, or 142 honeybee pests exist on honeybees, honeybee products, or 143 beekeeping equipment, or that the condition of the apiary 144 inhibits a thorough and efficient inspection by the department. 145 (18)(17)The department is authorized toConduct, 146 supervise, or cause the fumigation, destruction, or treatment of 147 honeybees, including unwanted races of honeybees, honeybee 148 products, and used beekeeping equipment or other articles 149 infested or infected by honeybee pests or unwanted races of 150 honeybees or so exposed to infection or infestation that it is 151 reasonably believed that infection or infestation could exist. 152 (19)(18)The department mayRequire the removal from this 153 state of any honeybees or beekeeping equipment thatwhichhas 154 been brought into the state in violation of this chapter or the 155 rules adopted under this chapter. 156 Section 4. Section 604.50, Florida Statutes, is reordered 157 and amended to read: 158 604.50 Nonresidential farm buildings,andfarm fences, and 159 farm signs.— 160 (1) Notwithstanding any other law to the contrary, any 161 nonresidential farm building,orfarm fence, or farm sign is 162 exempt from the Florida Building Code and any county or 163 municipal code or fee, except for code provisions implementing 164 local, state, or federal floodplain management regulations. 165 (2) As used in this section, the term: 166 (c)(a)“Nonresidential farm building” means any temporary 167 or permanent building or support structure that is classified as 168 a nonresidential farm building on a farm under s. 553.73(9)(c) 169 or that is used primarily for agricultural purposes, is located 170 on land that is an integral part of a farm operation or is 171 classified as agricultural land under s. 193.461, and is not 172 intended to be used as a residential dwelling. The term may 173 include, but is not limited to, a barn, greenhouse, shade house, 174 farm office, storage building, or poultry house. 175 (a)(b)“Farm” has the same meaning as provided in s. 176 823.14. 177 (b) “Farm sign” means a sign erected, used, or maintained 178 on a farm by the owner or lessee of the farm which relates 179 solely to farm produce, merchandise, or service sold, produced, 180 manufactured, or furnished on the farm. 181 Section 5. This act shall take effect July 1, 2012.