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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; providing an exception; amending s. 5
163.3162, F.S.; authorizing construction or 6
installation of housing for migrant farmworkers on 7
certain lands; providing requirements for such 8
housing; exempting such housing from certain local 9
government approval; amending s. 193.461, F.S.; 10
prohibiting a county or municipality from requiring 11
the removal or relinquishment of an agricultural land 12
classification for certain lands; requiring landowners 13
to provide a county or municipality with certain 14
written notice regarding such lands; providing an 15
effective date. 16
17
Be It Enacted by the Legislature of the State of Florida: 18
19
Section 1. Paragraph (r) of subsection (1) of section 20
125.01, Florida Statutes, is amended to read: 21
125.01 Powers and duties. — 22
(1) The legislative and governing body of a county shall 23
have the power to carry on county government. To the extent not 24
inconsistent with general or special law, this power includes, 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
but is not restricted to, the power to: 26
(r) Levy and collect taxes, both for county purposes and 27
for the providing of municipal services within any municipal 28
service taxing unit, and special assessments; borrow and expend 29
money; and issue bonds, revenue certificates, and other 30
obligations of indebtedness, which power shall be exercised in 31
such manner, and subject to such limitations, as may be provided 32
by general law. There shall be no referendum required for the 33
levy by a county of ad valorem taxes, both for county purposes 34
and for the providing of municipal services within an y municipal 35
service taxing unit. Notwithstanding any other provision of law, 36
a county may not levy special assessments for the provision of 37
fire protection services on lands classified as agricultural 38
lands under s. 193.461 unless the revenue from such spe cial 39
assessments has been pledged for debt service and is necessary 40
to meet obligations of bonds or certificates issued by the 41
county land contains a residential dwelling or nonresidential 42
farm building, with the exception of an agricultural pole barn, 43
provided the nonresidential farm building exceeds a just value 44
of $10,000. Such special assessments must be based solely on the 45
special benefit accruing to that portion of the land consisting 46
of the residential dwelling and curtilage, and qualifying 47
nonresidential farm buildings. As used in this paragraph, the 48
term "agricultural pole barn" means a nonresidential farm 49
building in which 70 percent or more of the perimeter walls are 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
permanently open and allow free ingress and egress . 51
Section 2. Subsection (5) is added to section 163.3162, 52
Florida Statutes, to read: 53
163.3162 Agricultural Lands and Practices. — 54
(5)(a) FARMWORKER HOUSING. -The construction or 55
installation of housing for migrant farmworkers as defined in s. 56
381.008(4), who are legally eligible f or participation in the 57
workforce, is authorized on land zoned for agricultural use and 58
operated as a bona fide farm. 59
(b) Construction or installation of housing under this 60
subsection: 61
1. May not exceed 7,500 square feet per parcel of land. 62
2. Must meet all local and state building standards for 63
securing a residential certificate of occupancy. 64
3. Does not require approval by ordinance or resolution of 65
the governmental entity where the land is located. 66
(c) If agricultural operations are discontinue d on the 67
property for a minimum of 3 years and the agricultural land 68
classification of the property is no longer valid, the 69
farmworker housing is no longer eligible for the residential 70
uses provided for in this section unless and until approved by 71
the local jurisdiction under its zoning and land use regulations 72
for the intended nonagricultural use. 73
Section 3. Paragraph (b) of subsection (3) of section 74
193.461, Florida Statutes, is amended to read: 75
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193.461 Agricultural lands; classification and assessment; 76
mandated eradication or quarantine program; natural disasters. — 77
(3) 78
(b) Subject to the restrictions specified in this section, 79
only lands that are used primarily for bona fide agricultural 80
purposes shall be classified as agricultural. The term "bona 81
fide agricultural purposes" means good faith commercial 82
agricultural use of the land. 83
1. In determining whether the use of the land for 84
agricultural purposes is bona fide, the following factors may be 85
taken into consideration: 86
a. The length of time the land has been so used. 87
b. Whether the use has been continuous. 88
c. The purchase price paid. 89
d. Size, as it relates to specific agricultural use, but a 90
minimum acreage may not be required for agricultu ral assessment. 91
e. Whether an indicated effort has been made to care 92
sufficiently and adequately for the land in accordance with 93
accepted commercial agricultural practices, including, without 94
limitation, fertilizing, liming, tilling, mowing, reforesting, 95
and other accepted agricultural practices. 96
f. Whether the land is under lease and, if so, the 97
effective length, terms, and conditions of the lease. 98
g. Such other factors as may become applicable. 99
2. Offering property for sale does not constitute a 100
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primary use of land and may not be the basis for denying an 101
agricultural classification if the land continues to be used 102
primarily for bona fide agricultural purposes while it is being 103
offered for sale. 104
3. A county or municipality may not require the remo val or 105
relinquishment of an agricultural classification for land that 106
is subject to a contract for sale that requires a development 107
permit as defined in s. 163.3164(16) as a condition precedent of 108
sale if the landowner notifies the county or municipality i n 109
writing at the time of application for the development permit 110
that the reclassification is requested as a condition precedent 111
for a pending sale of the land. The agricultural classification 112
for the land may not be removed or relinquished until the 113
landowner provides written notice to the county or municipality 114
that the contract has closed and the property has been conveyed 115
to the contract purchaser. 116
Section 4. This act shall take effect July 1, 2023. 117