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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to agricultural lands; amending s. 2
125.01, F.S.; prohibiting counties from levying 3
specified special assessments on lands classified as 4
agricultural; amending s. 163.3162, F.S.; authorizing 5
construction or installation of housing for migrant 6
farmworkers on certain lands; providing requirements 7
for such housing; exempting such housing from certain 8
local government approval; amending s. 193. 461, F.S.; 9
prohibiting a county or municipality from requiring 10
the removal or relinquishment of an agricultural land 11
classification for certain lands; requiring landowners 12
to provide a county or municipality with certain 13
written notice regarding such lands ; providing an 14
effective date. 15
16
Be It Enacted by the Legislature of the State of Florida: 17
18
Section 1. Paragraph (r) of subsection (1) of section 19
125.01, Florida Statutes, is amended to read: 20
125.01 Powers and duties. — 21
(1) The legislative and go verning body of a county shall 22
have the power to carry on county government. To the extent not 23
inconsistent with general or special law, this power includes, 24
but is not restricted to, the power to: 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(r) Levy and collect taxes, both for county purposes and 26
for the providing of municipal services within any municipal 27
service taxing unit, and special assessments; borrow and expend 28
money; and issue bonds, revenue certificates, and other 29
obligations of indebtedness, which power shall be exercised in 30
such manner, and subject to such limitations, as may be provided 31
by general law. There shall be no referendum required for the 32
levy by a county of ad valorem taxes, both for county purposes 33
and for the providing of municipal services within any municipal 34
service taxing unit. Notwithstanding any other provision of law, 35
a county may not levy special assessments for the provision of 36
fire protection services on lands classified as agricultural 37
lands under s. 193.461 unless the land contains a residential 38
dwelling or nonresidential farm building, with the exception of 39
an agricultural pole barn, provided the nonresidential farm 40
building exceeds a just value of $10,000. Such special 41
assessments must be based solely on the special benefit accruing 42
to that portion of the land c onsisting of the residential 43
dwelling and curtilage, and qualifying nonresidential farm 44
buildings. As used in this paragraph, the term "agricultural 45
pole barn" means a nonresidential farm building in which 70 46
percent or more of the perimeter walls are perm anently open and 47
allow free ingress and egress . 48
Section 2. Subsection (5) is added to section 163.3162, 49
Florida Statutes, to read: 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
163.3162 Agricultural Lands and Practices. — 51
(5)(a) FARMWORKER HOUSING. -The construction or 52
installation of housing fo r migrant farmworkers as defined in s. 53
381.008(4), who are legally eligible for participation in the 54
workforce, is authorized on land zoned for agricultural use and 55
operated as a bona fide farm. 56
(b) Construction or installation of housing under this 57
subsection: 58
1. May not exceed 7,500 square feet per parcel of land. 59
2. Must meet all local and state building standards for 60
securing a residential certificate of occupancy. 61
3. Does not require approval by ordinance or resolution of 62
the governmental entit y where the land is located. 63
(c) If agricultural operations are discontinued on the 64
property for a minimum of 3 years and the agricultural land 65
classification of the property is no longer valid, the 66
farmworker housing is no longer eligible for the reside ntial 67
uses provided for in this section unless and until approved by 68
the local jurisdiction under its zoning and land use regulations 69
for the intended nonagricultural use. 70
Section 3. Paragraph (b) of subsection (3) of section 71
193.461, Florida Statutes, is amended to read: 72
193.461 Agricultural lands; classification and assessment; 73
mandated eradication or quarantine program; natural disasters. — 74
(3) 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(b) Subject to the restrictions specified in this section, 76
only lands that are used primarily for bona fide agricultural 77
purposes shall be classified as agricultural. The term "bona 78
fide agricultural purposes" means good faith commercial 79
agricultural use of the land. 80
1. In determining whether the use of the land for 81
agricultural purposes is bona fide, the following factors may be 82
taken into consideration: 83
a. The length of time the land has been so used. 84
b. Whether the use has been continuous. 85
c. The purchase price paid. 86
d. Size, as it relates to specific agricultural use, but a 87
minimum acreage may not be required for agricultural assessment. 88
e. Whether an indicated effort has been made to care 89
sufficiently and adequately for the land in accordance with 90
accepted commercial agricultural practices, including, without 91
limitation, fertilizing, liming, tilling, mowing, reforesting, 92
and other accepted agricultural practices. 93
f. Whether the land is under lease and, if so, the 94
effective length, terms, and conditions of the lease. 95
g. Such other factors as may become applicable. 96
2. Offering property for sale does not constitute a 97
primary use of land and may not be the basis for denying an 98
agricultural classification if the land continues to be used 99
primarily for bona fide agricultural purposes while it is being 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
offered for sale. 101
3. A county or municipa lity may not require the removal or 102
relinquishment of an agricultural classification for land that 103
is subject to a contract for sale that requires a development 104
permit as defined in s. 163.3164(16) as a condition precedent of 105
sale if the landowner notifies the county or municipality in 106
writing at the time of application for the development permit 107
that the reclassification is requested as a condition precedent 108
for a pending sale of the land. The agricultural classification 109
for the land may not be removed or relinquished until the 110
landowner provides written notice to the county or municipality 111
that the contract has closed and the property has been conveyed 112
to the contract purchaser. 113
Section 4. This act shall take effect July 1, 2023. 114