SUMTER COUNTY BOARD OF COMMISSIONERS EXECUTIVE SUMMARY

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1 SUMTER COUNTY BOARD OF COMMISSIONERS EXECUTIVE SUMMARY SUBJECT: Conduct Second and Final Required Public Hearing and Consider Adoption of an Ordinance Amending the Land Development Code to Address Alligator Farming (Staff recommends approval). REQUESTED ACTION: Conduct Public Hearing and Consider Adoption of Ordinance. Work Session (Report Only) DATE OF MEETING: 4/26/2016 Regular Meeting Special Meeting CONTRACT: N/A Vendor/Entity: Effective Date: Termination Date: Managing Division / Dept: BUDGET IMPACT: N/A Annual FUNDING SOURCE: N/A Capital EXPENDITURE ACCOUNT: N/A N/A HISTORY/FACTS/ISSUES: Alligator farming has become an increasingly popular and profitable enterprise in the State of Florida. However, the County s Land Development Code currently provides no allowance or regulatory standards for alligator farming. The State has established guidelines for alligator farming in the Florida Administrative Code, Chapter 68A , Regulations Governing the Operation of Alligator Farms. These guidelines address issues such as physical containment of the reptiles, required separation from adjacent properties and proper treatment of the animals. The staff is recommending that these standards be adopted by the County in the Land Development Code and that alligator farming be allowed in identified zoning districts as permitted or allowable special uses through the proposed amendments to the Code.

SUMTER COUNTY ORDINANCE 2016-0 fo AN ORDINANCE OF SUMTER COUNTY, FLORIDA, AMENDING CHAPTER 13 OF THE SUMTER COUNTY CODE OF ORDINANCES; AMENDING THE DEFINITION OF "FARM ANIMAL" TO INCLUDE ALLIGATORS;

13-640 TO EXCLUDE ALLIGATOR FARMING FROM CERTAIN RESTRCITIONS; PROVIDING FOR RESOLUTION OF CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

is consistent with the health, safety and welfare of the public; and, WHEREAS, alligator farming for hides and meat has become increasingly popular and profitable and the number of licensed farms in

4 SUMTER COUNTY ORDINANCE fo AN ORDINANCE OF SUMTER COUNTY, FLORIDA, AMENDING CHAPTER 13 OF THE SUMTER COUNTY CODE OF ORDINANCES; AMENDING THE DEFINITION OF "FARM ANIMAL" TO INCLUDE ALLIGATORS; AMENDING THE LIST OF ALLOWABLE PERMITTED AND SPECIAL USES REFLECTED IN TABLE A TO INCLUDE ALLIGATOR FARMING; AMENDING SEC TO EXCLUDE ALLIGATOR FARMING FROM CERTAIN RESTRCITIONS; PROVIDING FOR RESOLUTION OF CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Sumter County Board of Commissioners desires to provide for the maximum freedom of use of private property and the greatest economic opportunity for its citizens and property owners as is consistent with the health, safety and welfare of the public; and, WHEREAS, alligator farming for hides and meat has become increasingly popular and profitable and the number of licensed farms in Florida has increased from four (4) in 1977 to 63 in 2014; and WHEREAS, the State of Florida has promulgated regulations for alligator farming in the Florida Administrative Code, Chapter 68A , "Regulations Governing the Operation of Alligator Farms"; and WHEREAS, the Sumter County Land Development Code does not currently provide for or establish guidelines for alligator farming; and WHEREAS, the Sumter County Board of County Commissioners, after the appropriate publication of notice of its intention to consider this Ordinance, has determined that in consideration of the health, safety and welfare of its citizens, it is in the best interests of Sumter County, Florida to approve this Ordinance; NOW THEREFORE BE IT ORDAINED by the Sumter County Board of County Commissioners, as follows: SECTION 1. PURPOSE. The purpose of this Ordinance is to Amend the Sumter County Code of Ordinances: Chapter 13 - Land Development Code, amending specific sections

contained in Article III, for the reasons set forth in the above Whereas clauses, which are incorporated herein, in haec verba. SECTION 2. AUTHORITY.

66 of the Florida Statutes, the Sumter County Board of County Commissioners has all powers of local self-government to perform county functions and render county services and facilities except when

Chapter 13 of The Sumter County Code of Ordinances, Entitled "Land Development Code", is hereby amended as follows: A. Sec. 13-200. Definitions.

5 contained in Article III, for the reasons set forth in the above Whereas clauses, which are incorporated herein, in haec verba. SECTION 2. AUTHORITY. Pursuant to Article VIII, Section I of the Florida Constitution and Sections and of the Florida Statutes, the Sumter County Board of County Commissioners has all powers of local self-government to perform county functions and render county services and facilities except when prohibited by law, including the authority to amend its Code of Ordinances. SECTION 3. AMENDMENT OF LAND DEVELOPMENT CODE. Chapter 13 of The Sumter County Code of Ordinances, Entitled "Land Development Code", is hereby amended as follows: A. Sec Definitions. Farm animal means any domestic or exotic species of cattle, sheep, swine, goats, ostriches, llamas, or horses, which are normally and have historically been kept and raised on farms in the United States, and used or intended for use as food or fiber, or for improving animal nutrition, breeding, management, or production efficiency, or for improving the quality of food or fiber. This term also includes animals such as rabbits, mink, and chinchilla, and alligators when they are used solely for purposes of meat, hide or fur, and animals such as horses and llamas when used solely as work and pack animals. B. Table A: Schedule of Uses ;t> ;t> ;t> n ~ ~ ~ ~ ~ ~ 0 0 Vl Vl n n Vl Vl n n Alligator Farming in _s s s s s s_ accordance with the Florida Administrative Code, ChaQter 68A , as may be amended, "Regulations Governing the OQeration of Alligator Farms".

C. Sec. 13-640. Farm and Non-Farm Animals (c) Exemptions. The provisions of this section shall not apply to household pets.

the Sumter County, Florida, with the exception of Sections 2, 4, 5 and 6.

6 C. Sec Farm and Non-Farm Animals (c) Exemptions. The provisions of this section shall not apply to household pets. Alligators shall also be exempted when farmed in accordance with the Florida Administrative Code, Chapter 68A , as may be amended, "Regulations Governing the Operation of Alligator Farms". SECTION 4. CODIFICATION. It is the intention of the Sumter County Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the Sumter County, Florida, with the exception of Sections 2, 4, 5 and 6. The word "Ordinance," or similar words may be changed to "section," "article," or other appropriate word or phrase and the sections of this Ordinance may be renumbered or re-lettered to accomplish such intention. The Code codifier is granted liberal authority to rescind those sections of the Code declared null and void as set forth herein, within Chapter 13 of the Land Development Code. SECTION 5. CONFLICTS AND REPEALER. This Ordinance shall be cumulative of all provisions of the Ordinances of Sumter County, Florida, except where the provisions of this Ordinance are in direct conflict with the provisions of such Ordinances, in which event all Ordinances or parts thereof in conflict with this Ordinance are hereby repealed to the extent of such conflict. SECTION 6. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this Ordinance, or application hereof, is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion or application shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. SECTION 7. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption by the Sumter County Board of County Commissioners.

7 PASSED AND ADOPTED BY THE SUMTER COUNTY BOARD OF COUNTY COMMISSIONERS, SUMTER COUNTY, FLORIDA, THIS 26TH DAY OF APRIL, SUMTER COUNTY BOARD OF G UNTY COMMISSIONERS _~~ ' -.. GARRY BREEDEN, CHAIRMAN ATTEST: BY: CONNIE WEBB, Deputy Clerk

SUMTER COUNTY ORDINANCE

SUMTER COUNTY ORDINANCE 2015 - AN ORDINANCE OF SUMTER COUNTY, FLORIDA, AMENDING CHAPTER 8 OF THE SUMTER COUNTY CODE, ENTITLED EMERGENCY SERVICES, ARTICLE V, EMERGENCY MANAGEMENT ; AMENDING AND REPEALING