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9/29/2020 Chapter 823 Section 14 - 2011 Florida Statutes - The Florida Senate <br />brought about to comply with Best Management Practices adopted by local, state, or federal agencies if such farm has <br />been in operation for 1 year or more since its established date of operation and if it was not a nuisance at the time of its <br />established date of operation. <br />(5) WHEN EXPANSION OF OPERATION NOT PERMITTED.—This act shall not be construed to permit an <br />existing farm operation to change to a more excessive farm operation with regard to noise, odor, dust, or fumes where <br />the existing farm operation is adjacent to an established homestead or business on March 15, 1982. <br />(6) LIMITATION ON DUPLICATION OF GOVERNMENT REGULATION.—It is the intent of the Legislature to <br />eliminate duplication of regulatory authority over farm operations as expressed in this subsection. Except as otherwise <br />provided for in this section and s. 487.051(2), and notwithstanding any other provision of law, a local government may <br />not adopt any ordinance, regulation, rule, or policy to prohibit, restrict, regulate, or otherwise limit an activity of a <br />bona fide farm operation on land classified as agricultural land pursuant to s. 193.461, where such activity is regulated <br />through implemented best management practices or interim measures developed by the Department of <br />Environmental Protection, the Department of Agriculture and Consumer Services, or water management districts and <br />adopted under chapter 120 as part of a statewide or regional program. When an activity of a farm operation takes <br />place within a wellfield protection area as defined in any wellfield protection ordinance adopted by a local <br />government, and the adopted best management practice or interim measure does not specifically address wellfield <br />protection, a local government may regulate that activity pursuant to such ordinance. This subsection does not limit <br />the powers and duties provided for in s. 373.4592 or limit the powers and duties of any local government to address an <br />emergency as provided for in chapter 252. <br />History.—s. 1, ch. 79-61; ss. 1, 2, ch. 82-24; s. 9, ch. 87-367; s. 75, ch. 93-206; s. 1279, ch. 97-102; s. 25, ch. 99-391; s. 39, ch. 2000-308. <br />Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers <br />should be consulted for official purposes. <br />Copyright © 2000- 2020 State of Florida. <br />155 <br />https://www.fisenate.gov/laws/statutes/2011/823.14 2/2 <br />