County code violation

Thebulimicbee · June 10, 2016, 10:56:44 PM

So I live in Florida and I received a code violation from the county, zoning district use violation. Agricultural apiary/ beekeeping use in single family district

I thought the law was changed so we can keep bees in about back yard. But the letter from the county says to get rid of them in 7 days or be fined 250.00 per day.

I talked to the person that wrote the violation and got no were other than being told that they have made other people move them in the past and I can talk to the manager after the weekend...

Any one have any advice on this one?

deknow · June 10, 2016, 11:20:06 PM

I would contact the state beekeeping association. It is excellent in FL (join if you are not a member), amd should be able to offer some guidance.

BeeMaster2 · June 11, 2016, 12:15:33 AM

Call your local bee inspecter or call Gary Van Cleef (352-267-9379), he is in charge of the bee Inspecters. They changed the laws in Florida a few years ago. The old rules allowed local governments to decide who could and where you can keep bees. Now it is controlled by the state. If you have a quarter acre or less, you can have 3 hives year around or 6 hives during swarm season. There are guide lines you need to follow in order to get the state to back you up. They are not hard to follow.
Don't let anyone bully you into making you give up your bees.
Local governments like yours are why the state stepped in and took control of bees. The more domesticated bees in an area, the less chance of AHB moving in to the area.
Good luck.
Jim

sc-bee · June 11, 2016, 09:41:46 AM

Quote from: sawdstmakr on June 11, 2016, 12:15:33 AM
The more domesticated bees in an area, the less chance of AHB moving in to the area.
Good luck.
Jim

I would give a thumbs up if I knew how...

Jim134 · June 12, 2016, 04:50:04 AM

Quote from: sawdstmakr on June 11, 2016, 12:15:33 AM
Call your local bee inspecter or call Gary Van Cleef (352-267-9379), he is in charge of the bee Inspecters. They changed the laws in Florida a few years ago. The old rules allowed local governments to decide who could and where you can keep bees. Now it is controlled by the state. If you have a quarter acre or less, you can have 3 hives year around or 6 hives during swarm season. There are guide lines you need to follow in order to get the state to back you up. They are not hard to follow.
Don't let anyone bully you into making you give up your bees.
Local governments like yours are why the state stepped in and took control of bees. The more domesticated bees in an area, the less chance of AHB moving in to the area.
Good luck.
Jim

Is this law also true if there's a homeowners association / condo association are involved where are the honey bees at ?

BEE HAPPY Jim 134

Duffydog · June 12, 2016, 07:41:06 AM

I am new to this forum but I am a urban planner and zoning expert. A violation can be very serious and result in fines and penalties. I agree with the other responses, but I would also meet with the County zoning officer and determine if there is a ]variation procedure. It is also possible that you had your hives before the the law was passed and then you would be considered legal nonconforming and be allowed to maintain your hives. When you meet with the inspector as for a copy of the ordinance and the date it was passed and be certain to ask how you could comply.You also didn't mention the size of your property. I am not certain about Florida but generally most states have a size limitation for agricultural uses that supersedes local zoning. Beekeeping is an agricultural use so check in your County ordinance for the lot size and other requirements for agricultural uses. Unfortunately if they have abee ordinance it would control.

BeeMaster2 · June 12, 2016, 09:33:16 AM

Is this law also true if there's a homeowners association / condo association are involved where are the honey bees at ?
No, homeowners association are agreements that over ride the law. Get a cope of the agreement that you signed and see if there is a clause in it prohibiting bees. If it is not in it I would fight it.
Let us know what you find.
Jim

divemaster1963 · June 12, 2016, 10:48:55 AM

I don't know about Florida. But here in Georgia the state made a law that made it illegal for any local government or homeowners association to ban beekeeping in any location the only thing that a local government can add is the no. Of hives per acre . in Atlanta they have a no of aperaies on roofs in downtown. They are studying them and have found that city bees to be in better health and with fewer pesticides in the hives. Gofigure?

John
Check with your agent Dept web site to see if there is a honeybee pollinator clause.

Duffydog · June 12, 2016, 12:42:53 PM

Homeowners associations do not override local zoning laws.

Quote from: sawdstmakr on June 12, 2016, 09:33:16 AM
Is this law also true if there's a homeowners association / condo association are involved where are the honey bees at ?
No, homeowners association are agreements that over ride the law. Get a cope of the agreement that you signed and see if there is a clause in it prohibiting bees. If it is not in it I would fight it.
Let us know what you find.
Jim

Jim134 · June 12, 2016, 02:07:57 PM

I'm glad that's been your experience. Homeowners associations / condo associations can make extra rules and regulations. To the zoning laws which are already in place. Case in point put up an outdoor clothesline. Put out trash before it supposed to be picked up. And I know I can think of others. Such as certain kinds of landscaping. And cutting grass.If you live in historical District that can be plenty more.

BEE HAPPY Jim 134

divemaster1963 · June 12, 2016, 03:06:22 PM

Here is the state of Florida laws

.http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0500-0599/0586/Sections/0586.10.html

John

Here is something from 2012 about new law taking away local control of beekeepers .

http://news.wgcu.org/post/new-law-removes-local-control-backyard-beekeepers

Here is the registration for keeping bees in residential areas in Florida

http://www.freshfromflorida.com/content/download/33027/812312/08492_sample_beekeeper_CA_for_EAB.pdf

KeyLargoBees · June 12, 2016, 03:45:49 PM

Local inspector and I had a conversation on this just recently. Her statement to me was that NO governmental body in Florida supercedes the states control on Where and how bees can be kept. 50x100 lot I am allowed 3 hives during the year and up to 6 during swarm season....There are set back regulations and other considerations but those are ONLY enforceable at the state level. No other agency can issue a citation concerning beekeeping according to her.

BeeMaster2 · June 12, 2016, 06:07:30 PM

Jeff,
The key word she used was government body. A home owners association is not a government body.
Jim

Duffydog · June 12, 2016, 06:37:32 PM

Quote from: sawdstmakr on June 12, 2016, 06:07:30 PM
Jeff,
The key word she used was government body. A home owners association is not a government body.
Jim

Governmental agencies control zoning. Homeowners may add more stringent regulations but he control over land use and zoning rests with the governing body.

KeyLargoBees · June 13, 2016, 08:35:06 AM

I asked her that and Her statement to me was that as long as the state rules were met concerning placement and swarm management no HOA or any other municipality or governing body could restrict beekeeping and if there was an issue to direct the HOA questions to the state regulators and they would straighten them out.....OP was a county zoning citation which is a governing body.

BeeMaster2 · June 13, 2016, 12:27:19 PM

If it was the county that started all of this, they are wrong. Jeff, I hope you are correct about the HOA's. The next time I see David Westervelt I will ask him directly. He was at the Nassau meeting 2 months ago.
Jim

KeyLargoBees · June 13, 2016, 12:44:26 PM

Caitlin Gil the south Florida inspector was who I spoke with about this.

CrazyTalk · June 13, 2016, 03:49:23 PM

My understanding is that an HOA isn't a governing body - they're a voluntary consortium of homeowners who have agreed to specific rules, and managed to encumber their deeds with those rules. They're a private entity that you have a contractual agreement with. Having a beehive in an HOA that disallows them isn't breaking the law in itself, but its a violation of the contract specified in your land deed.

If its the county that's giving you trouble though, then they're just plain wrong.

The Beekeeper Compliance Agreement - which I believe is required for non agricultural land, contains this article:

Quote10. Deed restrictions and covenants that prohibit or restrict the allowance for managed honeybee colonies within their established jurisdictions take precedence and as a result supersede the authority and requirements set forth in Chapter 586 Florida Statutes and Rule Chapter 5B-54, Florida Administrative Code.

Thebulimicbee · June 14, 2016, 09:09:14 AM

Well I talked to the area bee inspector superviser and was told a HOA can over rule the law and not allow bees to be kept. How ever that is for an Hoa and not a county code violation. In any case I don't have an Hoa so that is not my problem.

After talking to my inspector, she called the county and told them it was ok to keep bees. They responded that they had to talk to there lawyer. So that is were I am at currently. Waiting to hear back from the county lawery.

KeyLargoBees · June 14, 2016, 09:41:54 AM

Chances are you wont hear back...someone made a mistake and once it goes to the legal team the county inspector will be advised he was wrong....only thing I would worry about is harassment on other potential violations if the discussions got heated and tempers flared....if they want to find something wrong they can dig until they do.

Which county was it for the record?