Okaloosa County BOCC — September 2, 2014 — Action Item Printout

BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: September 2, 2014 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Change to Land Development Code - Beekeeping DEPARTMENT: Growth Management BCC DISTRICT: All PUBLIC HEARING: Consideration of a request for changes to the Land Development Code (LDC) submitted by the Department of Growth Management revising Chapter 2, Section 2.21.00 “Accessory Uses and Structures”, Subsection 10 “Livestock; Poultry; Beekeeping.” This is the first of two public hearings, the second hearing will be held September 16, 2014. STAFF FINDINGS: Chapter 2 “Zoning Regulations” was substantially re-written and the revisions approved in May, 2010, including those regulations regarding livestock, poultry, and beekeeping. Since that time the Legislature amended Section 586.10 of the Florida Statutes (FS) to read, in pertinent part, as follows. The authority to regulate, inspect, and permit managed honeybee colonies and to adopt rules on the placement and location of registered inspected managed honeybee colonies is preempted to the state through the department and supercedes any related ordinance adopted by a county, municipality, or political subdivision thereof. Section 586.045, FS, further states as follows. Each beekeeper having honeybee colonies within the state shall apply to the department, on forms supplied by the department, for certificates of inspection and registration, and for annual renewal on the anniversary date of the registration. An application for renewal postmarked after the anniversary date shall be accompanied by a $10 late filing fee. This means that the regulation of beekeeping is essentially reserved unto the Florida Department of Agriculture which trumps county and city zoning regulations. The proposed change to Chapter 2 is intended to promote consistency with state law and avoid potential misreading of the county’s zoning regulations regarding beekeeping. PUBLIC COMMENT/OPPOSITION: None to date. PLANNING COMMISSION: The Planning Commission voted unanimously to recommend approval at a public hearing held August 14, 2010. MILITARY REPRESENTATIVE: No comment. STAFF POSITION: Staff supports the requested changes to the Land Development Code. RECOMMENDATION: It is recommended that the Board consider the facts presented herein, the Planning Commission recommendation, as well as any other facts that may be presented at the public hearing, and then make a final decision at the September 16, 2010 public hearing. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator