Bush signs a bill seen by agricultural interests as crucial to their survival, and by counties and cities as an intrusion.
By JULIE HAUSERMAN
Published June 21, 2003
TALLAHASSEE - Despite opposition from local governments across the state, Gov. Jeb Bush on Friday signed a bill into law barring cities and counties from passing new regulations on agriculture.
The sweeping measure has been pushed for years by lobbyists for Florida's citrus, timber, vegetable and cattle industries. They say local regulations are threatening their businesses.
"Realistically, the governor has thrown a life preserver to the agricultural industry in Florida," said Phil Leary of the Florida Farm Bureau.
But opponents, including the Florida Association of Counties and the Hillsborough Environmental Protection Commission, say the measure strips local governments of authority.
The law has already had an effect. Last month, the Citrus County Commission tabled an ordinance it drafted to regulate intensive farming. Residents demanded the new regulations after a large dairy operation was built off County Road 491.
Neighbors were surprised that, under state law, landowner Dale McClellan didn't have to notify neighbors. He didn't need a building permit for a giant barn to hold hundreds of cows, and no public hearing was required for his permit to pump nearly 500,000 gallons of water out of the ground.
The state rules, residents argued, didn't provide enough protection.
"Under this law, I'm at the mercy of the state agencies, but the citizens look to their local officials for results," Citrus County Commissioner Gary Bartell said in May.
But now, only state and federal rules apply to agricultural operations. In Florida, some pollution rules are written by the agriculture industry and adopted voluntarily by farmers.
Bush said he signed the bill to protect agriculture, the state's second-largest industry.
"The pressure to switch from growing crops to building houses is great and made more attractive based on the challenges of coping with the complexity of environmental regulations," Bush wrote in a letter explaining his decision.
Since so many have expressed concern, Bush ordered his state land planning and agriculture agencies to monitor its impact. The law applies only to new regulation; existing ordinances governing agriculture stay in place.
Rick Tschantz, general counsel for the Hillsborough Environmental Protection Commission, lobbied against the bill in Tallahassee.
"The state and regional programs are spread way too thin," Tschantz said.
In Hillsborough, the county protects small wetlands, but the state and federal governments don't.
Lawmakers, Tschantz said, "say they want to return local authority, but every chance they get, they take it away."
Two Republican lawmakers representing Citrus co-sponsored the measure: Sen. Nancy Argenziano of Dunnellon and Rep. Charles Dean of Inverness. Republican Sens. Mike Fasano of New Port Richey and Tom Lee of Brandon also were co-sponsors.
Several representatives from Hillsborough tried and failed to exempt Hillsborough from the bill. One of the state's largest counties, Broward, is exempt.
