CS/CS/CS/HB 1343 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1343-03-c3
Page 1 of 6
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; providing 5
applicability; amending s. 163.3162, F.S.; providing a 6
definition; authorizing construction or installation 7
of housing for agricultural employees on certain 8
lands; providing requirements for such housing; 9
exempting such housing from certain local government 10
approval; amending s. 193.461, F.S.; prohibiting a 11
county or municipality from requiring the removal or 12
relinquishment of an agricultural land classification 13
for certain lands; requiring landowners to provi de a 14
county or municipality with certain written notice 15
regarding such lands; providing an 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, i s 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
CS/CS/CS/HB 1343 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1343-03-c3
Page 2 of 6
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 othe r 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 any municipal 35
service taxing unit. 36
1. Notwithstanding any other provision of law, a county may 37
not levy special assessments for the provision of fire 38
protection services on lands classified as agricultural lands 39
under s. 193.461, including nonresidential agricultural 40
structures, unless the revenue from such special assessments has 41
been pledged for debt service and is necessary to meet 42
obligations of bonds or certificates issued by the county. 43
2. The provisions of subparagraph 1. do not apply to 44
nonagricultural structures, including residential and 45
nonresidential structures and their curtilage land contains a 46
residential dwelling or nonresidential farm building, with the 47
exception of an agricultural pole ba rn, provided the 48
nonresidential farm building exceeds a just value of $10,000. 49
Such special assessments must be based solely on the special 50
CS/CS/CS/HB 1343 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1343-03-c3
Page 3 of 6
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
benefit accruing to that portion of the land consisting of the 51
residential dwelling and curtilage, and qualifying 52
nonresidential farm buildings. As used in this paragraph, the 53
term "agricultural pole barn" means a nonresidential farm 54
building in which 70 percent or more of the perimeter walls are 55
permanently open and allow free ingress and egress . 56
Section 2. Paragraphs (a) through (d) of subsection (2) of 57
section 163.3162, Florida Statutes, are redesignated as 58
paragraphs (b) through (e), respectively, a new paragraph (a) is 59
added to that subsection, and subsection (5) is added to that 60
section to read: 61
163.3162 Agricultural Lands and Practices. — 62
(2) DEFINITIONS.—As used in this section, the term: 63
(a) "Agricultural employee" means a person who produces a 64
farm product as defined in s. 823.14(3); is seasonally or 65
annually employed in agricultural production; is lawf ully 66
present in the United States; is eligible to work at the time of 67
employment and remains so throughout the duration of that 68
employment; and has been verified pursuant to s. 448.095. 69
(5) AGRICULTURAL EMPLOYEE HOUSING. - 70
(a) The construction or instal lation of housing for 71
agricultural employees is authorized on land zoned for 72
agricultural use that is operated as a bona fide farm. 73
(b) Construction or installation of housing under this 74
subsection: 75
CS/CS/CS/HB 1343 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1343-03-c3
Page 4 of 6
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
1. Must be located on a parcel of land no less than 10 76
acres in size; 77
2. May not be located within 500 feet of the property 78
line; 79
3. May not exceed 7,500 square feet per parcel of land; 80
4. Must meet all local and state building standards for 81
securing a residential certificate of occupancy; and 82
5. Does not require approval by ordinance or resolution of 83
the governmental entity where the land is located. 84
(c) If agricultural operations are discontinued on the 85
property for a minimum of 3 years and the agricultural land 86
classification of the property is no longer valid, the 87
agricultural employee housing is no longer eligible for the 88
residential uses as provided in this section unless and until 89
approved by the local jurisdiction under its zoning and land use 90
regulations for the intended nonagricultural use . 91
Section 3. Paragraph (b) of subsection (3) of section 92
193.461, Florida Statutes, is amended to read: 93
193.461 Agricultural lands; classification and assessment; 94
mandated eradication or quarantine program; natural disasters. — 95
(3) 96
(b) Subject to the restrictions specified in this section, 97
only lands that are used primarily for bona fide agricultural 98
purposes shall be classified as agricultural. The term "bona 99
fide agricultural purposes" means good faith commercial 100
CS/CS/CS/HB 1343 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1343-03-c3
Page 5 of 6
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
agricultural use of the land. 101
1. In determining whether the use of the land for 102
agricultural purposes is bona fide, the following factors may be 103
taken into consideration: 104
a. The length of time the land has been so used. 105
b. Whether the use has been continuous. 106
c. The purchase price p aid. 107
d. Size, as it relates to specific agricultural use, but a 108
minimum acreage may not be required for agricultural assessment. 109
e. Whether an indicated effort has been made to care 110
sufficiently and adequately for the land in accordance with 111
accepted commercial agricultural practices, including, without 112
limitation, fertilizing, liming, tilling, mowing, reforesting, 113
and other accepted agricultural practices. 114
f. Whether the land is under lease and, if so, the 115
effective length, terms, and conditions of t he lease. 116
g. Such other factors as may become applicable. 117
2. Offering property for sale does not constitute a 118
primary use of land and may not be the basis for denying an 119
agricultural classification if the land continues to be used 120
primarily for bona fi de agricultural purposes while it is being 121
offered for sale. 122
3. A county or municipality may not require the removal or 123
relinquishment of an agricultural classification for land that 124
is subject to a contract for sale that requires a development 125
CS/CS/CS/HB 1343 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1343-03-c3
Page 6 of 6
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
permit as defined in s. 163.3164(16) as a condition precedent of 126
sale if the landowner notifies the county or municipality in 127
writing at the time of application for the development permit 128
that the reclassification is requested as a condition precedent 129
for a pending sale of the land. The agricultural classification 130
for the land may not be removed or relinquished based solely on 131
the issuance of the development permit until the landowner 132
provides written notice to the county or municipality that the 133
contract has closed and the property has been conveyed to the 134
contract purchaser. 135
Section 4. This act shall take effect July 1, 2023. 136