| 19 | | - | applicability; amending s. 163.3162, F.S.; authorizing 6 |
|---|
| 20 | | - | construction or installation of housing for seasonal 7 |
|---|
| 21 | | - | agricultural employees on certain lands; providing 8 |
|---|
| 22 | | - | requirements for such housing; exempting such hou sing 9 |
|---|
| 23 | | - | from certain local government approval; providing 10 |
|---|
| 24 | | - | conditions under which such housing is subject to 11 |
|---|
| 25 | | - | specified zoning, land use, and permit provisions; 12 |
|---|
| 26 | | - | amending s. 193.461, F.S.; prohibiting a county or 13 |
|---|
| 27 | | - | municipality from requiring the removal or 14 |
|---|
| 28 | | - | relinquishment of an agricultural land classification 15 |
|---|
| 29 | | - | for certain lands; requiring landowners to provide a 16 |
|---|
| 30 | | - | county or municipality with certain written notice 17 |
|---|
| 31 | | - | regarding such lands; providing an effective date. 18 |
|---|
| 19 | + | applicability; amending s. 163.3162, F.S.; providing a 6 |
|---|
| 20 | + | definition; authorizing construction or installation 7 |
|---|
| 21 | + | of housing for agricultural employees on certain 8 |
|---|
| 22 | + | lands; providing requirements for such housing; 9 |
|---|
| 23 | + | exempting such housing from certain local government 10 |
|---|
| 24 | + | approval; amending s. 193.461, F.S.; prohibiting a 11 |
|---|
| 25 | + | county or municipality from requiring the removal or 12 |
|---|
| 26 | + | relinquishment of an agricultural land classification 13 |
|---|
| 27 | + | for certain lands; requiring landowners to provi de a 14 |
|---|
| 28 | + | county or municipality with certain written notice 15 |
|---|
| 29 | + | regarding such lands; providing an effective date. 16 |
|---|
| 30 | + | 17 |
|---|
| 31 | + | Be It Enacted by the Legislature of the State of Florida: 18 |
|---|
| 33 | | - | Be It Enacted by the Legislature of the State of Florida: 20 |
|---|
| 34 | | - | 21 |
|---|
| 35 | | - | Section 1. Paragraph (r) of subsection (1) of section 22 |
|---|
| 36 | | - | 125.01, Florida Statutes, is amended to read: 23 |
|---|
| 37 | | - | 125.01 Powers and duties. — 24 |
|---|
| 38 | | - | (1) The legislative and governing body of a county shall 25 |
|---|
| 33 | + | Section 1. Paragraph (r) of subsection (1) of section 20 |
|---|
| 34 | + | 125.01, Florida Statutes, i s amended to read: 21 |
|---|
| 35 | + | 125.01 Powers and duties. — 22 |
|---|
| 36 | + | (1) The legislative and governing body of a county shall 23 |
|---|
| 37 | + | have the power to carry on county government. To the extent not 24 |
|---|
| 38 | + | inconsistent with general or special law, this power includes, 25 |
|---|
| 51 | | - | have the power to carry on county government. To the extent not 26 |
|---|
| 52 | | - | inconsistent with general or special law, this power includes, 27 |
|---|
| 53 | | - | but is not restricted to, the power to: 28 |
|---|
| 54 | | - | (r) Levy and collect taxes, both for county purposes and 29 |
|---|
| 55 | | - | for the providing of municipal services within any municipal 30 |
|---|
| 56 | | - | service taxing unit, a nd special assessments; borrow and expend 31 |
|---|
| 57 | | - | money; and issue bonds, revenue certificates, and other 32 |
|---|
| 58 | | - | obligations of indebtedness, which power shall be exercised in 33 |
|---|
| 59 | | - | such manner, and subject to such limitations, as may be provided 34 |
|---|
| 60 | | - | by general law. There shall be no referendum required for the 35 |
|---|
| 61 | | - | levy by a county of ad valorem taxes, both for county purposes 36 |
|---|
| 62 | | - | and for the providing of municipal services within any municipal 37 |
|---|
| 63 | | - | service taxing unit. 38 |
|---|
| 64 | | - | 1. Notwithstanding any other provision of law, a county may 39 |
|---|
| 65 | | - | not levy special assessments for the provision of fire 40 |
|---|
| 66 | | - | protection services on lands classified as agricultural lands 41 |
|---|
| 67 | | - | under s. 193.461, including nonresidential agricultural 42 |
|---|
| 68 | | - | structures, unless the revenue from such special assessments has 43 |
|---|
| 69 | | - | been pledged for debt service an d is necessary to meet 44 |
|---|
| 70 | | - | obligations of bonds or certificates issued by the county which 45 |
|---|
| 71 | | - | remain outstanding on July 1, 2023, including refundings thereof 46 |
|---|
| 72 | | - | for debt service savings where the maturity of the debt is not 47 |
|---|
| 73 | | - | extended. For bonds or certificates issue d after July 1, 2023, 48 |
|---|
| 74 | | - | special assessments securing such bonds may not be levied on 49 |
|---|
| 75 | | - | lands classified as agricultural under s. 193.461. 50 |
|---|
| 51 | + | but is not restricted to, the power to: 26 |
|---|
| 52 | + | (r) Levy and collect taxes, both for county purposes and 27 |
|---|
| 53 | + | for the providing of municipal services within any municipal 28 |
|---|
| 54 | + | service taxing unit, and special assessments; borrow and expend 29 |
|---|
| 55 | + | money; and issue bonds, revenue certificates, and othe r 30 |
|---|
| 56 | + | obligations of indebtedness, which power shall be exercised in 31 |
|---|
| 57 | + | such manner, and subject to such limitations, as may be provided 32 |
|---|
| 58 | + | by general law. There shall be no referendum required for the 33 |
|---|
| 59 | + | levy by a county of ad valorem taxes, both for county purposes 34 |
|---|
| 60 | + | and for the providing of municipal services within any municipal 35 |
|---|
| 61 | + | service taxing unit. 36 |
|---|
| 62 | + | 1. Notwithstanding any other provision of law, a county may 37 |
|---|
| 63 | + | not levy special assessments for the provision of fire 38 |
|---|
| 64 | + | protection services on lands classified as agricultural lands 39 |
|---|
| 65 | + | under s. 193.461, including nonresidential agricultural 40 |
|---|
| 66 | + | structures, unless the revenue from such special assessments has 41 |
|---|
| 67 | + | been pledged for debt service and is necessary to meet 42 |
|---|
| 68 | + | obligations of bonds or certificates issued by the county. 43 |
|---|
| 69 | + | 2. The provisions of subparagraph 1. do not apply to 44 |
|---|
| 70 | + | nonagricultural structures, including residential and 45 |
|---|
| 71 | + | nonresidential structures and their curtilage land contains a 46 |
|---|
| 72 | + | residential dwelling or nonresidential farm building, with the 47 |
|---|
| 73 | + | exception of an agricultural pole ba rn, provided the 48 |
|---|
| 74 | + | nonresidential farm building exceeds a just value of $10,000. 49 |
|---|
| 75 | + | Such special assessments must be based solely on the special 50 |
|---|
| 88 | | - | 2. The provisions of subparagraph 1. do not apply to 51 |
|---|
| 89 | | - | nonagricultural structures, including residential and 52 |
|---|
| 90 | | - | nonresidential structures and their curtilage land contains a 53 |
|---|
| 91 | | - | residential dwelling or nonresidential farm building, with the 54 |
|---|
| 92 | | - | exception of an agricultural pole barn, provided the 55 |
|---|
| 93 | | - | nonresidential farm building exceeds a just value of $10,000. 56 |
|---|
| 94 | | - | Such special assessments must be based solely on the special 57 |
|---|
| 95 | | - | benefit accruing to that portion of the land consisting of the 58 |
|---|
| 96 | | - | residential dwelling and curtilage, and qualifying 59 |
|---|
| 97 | | - | nonresidential farm buildings. As used in this paragraph, the 60 |
|---|
| 98 | | - | term "agricultural pole barn" means a nonresiden tial farm 61 |
|---|
| 99 | | - | building in which 70 percent or more of the perimeter walls are 62 |
|---|
| 100 | | - | permanently open and allow free ingress and egress . 63 |
|---|
| 101 | | - | Section 2. Subsection (5) is added to section 163.3162, 64 |
|---|
| 102 | | - | Florida Statutes, to read: 65 |
|---|
| 103 | | - | 163.3162 Agricultural Lands and Practices .— 66 |
|---|
| 104 | | - | (5) HOUSING FOR SEASONAL AGRICULTURAL EMPLOYEES. - 67 |
|---|
| 105 | | - | (a) The construction or installation of housing for 68 |
|---|
| 106 | | - | seasonal agricultural employees working in this State pursuant 69 |
|---|
| 107 | | - | to 8 U.S.C. s. 1188 is authorized on lands zoned for 70 |
|---|
| 108 | | - | agricultural use that is operat ed as a bona fide farm. 71 |
|---|
| 109 | | - | (b) Construction or installation of housing under this 72 |
|---|
| 110 | | - | subsection must meet the following minimum criteria unless the 73 |
|---|
| 111 | | - | local government has a less restrictive ordinance that is not in 74 |
|---|
| 112 | | - | conflict with any federal law or requirements i n which case the 75 |
|---|
| 88 | + | benefit accruing to that portion of the land consisting of the 51 |
|---|
| 89 | + | residential dwelling and curtilage, and qualifying 52 |
|---|
| 90 | + | nonresidential farm buildings. As used in this paragraph, the 53 |
|---|
| 91 | + | term "agricultural pole barn" means a nonresidential farm 54 |
|---|
| 92 | + | building in which 70 percent or more of the perimeter walls are 55 |
|---|
| 93 | + | permanently open and allow free ingress and egress . 56 |
|---|
| 94 | + | Section 2. Paragraphs (a) through (d) of subsection (2) of 57 |
|---|
| 95 | + | section 163.3162, Florida Statutes, are redesignated as 58 |
|---|
| 96 | + | paragraphs (b) through (e), respectively, a new paragraph (a) is 59 |
|---|
| 97 | + | added to that subsection, and subsection (5) is added to that 60 |
|---|
| 98 | + | section to read: 61 |
|---|
| 99 | + | 163.3162 Agricultural Lands and Practices. — 62 |
|---|
| 100 | + | (2) DEFINITIONS.—As used in this section, the term: 63 |
|---|
| 101 | + | (a) "Agricultural employee" means a person who produces a 64 |
|---|
| 102 | + | farm product as defined in s. 823.14(3); is seasonally or 65 |
|---|
| 103 | + | annually employed in agricultural production; is lawf ully 66 |
|---|
| 104 | + | present in the United States; is eligible to work at the time of 67 |
|---|
| 105 | + | employment and remains so throughout the duration of that 68 |
|---|
| 106 | + | employment; and has been verified pursuant to s. 448.095. 69 |
|---|
| 107 | + | (5) AGRICULTURAL EMPLOYEE HOUSING. - 70 |
|---|
| 108 | + | (a) The construction or instal lation of housing for 71 |
|---|
| 109 | + | agricultural employees is authorized on land zoned for 72 |
|---|
| 110 | + | agricultural use that is operated as a bona fide farm. 73 |
|---|
| 111 | + | (b) Construction or installation of housing under this 74 |
|---|
| 112 | + | subsection: 75 |
|---|
| 125 | | - | local ordinance applies: 76 |
|---|
| 126 | | - | 1. Must be located on a parcel of land no less than 10 77 |
|---|
| 127 | | - | acres in size; 78 |
|---|
| 128 | | - | 2. Must meet, at a minimum, the criteria set forth in 29 79 |
|---|
| 129 | | - | C.F.R. 1910.142 and 64E -14, Florida Administrative Code; 80 |
|---|
| 130 | | - | 3. May not be located within 150 feet of the property 81 |
|---|
| 131 | | - | line. If the adjoining parcel is zoned for residential use, the 82 |
|---|
| 132 | | - | minimum distance for housing under this section from the 83 |
|---|
| 133 | | - | property line adjacent to residential zoning is 750 feet or, 84 |
|---|
| 134 | | - | alternatively, requires installation of a buffer not less than 85 |
|---|
| 135 | | - | 25 feet in width, consisting of a wall, a berm, or a wall and 86 |
|---|
| 136 | | - | berm combination of not less than 6 feet in height from finished 87 |
|---|
| 137 | | - | grade together with landscaping on the residential side of the 88 |
|---|
| 138 | | - | wall consisting of at least 5 trees and 30 shrubs per linear 89 |
|---|
| 139 | | - | foot; 90 |
|---|
| 140 | | - | 4. May not exceed 2,500 heated and cooled square feet per 91 |
|---|
| 141 | | - | building on an eligible parcel of land; 92 |
|---|
| 142 | | - | 5. May not be more than 3 structures per 10 acre parcel of 93 |
|---|
| 143 | | - | land; and 94 |
|---|
| 144 | | - | 6. Must meet all local and state build ing standards for 95 |
|---|
| 145 | | - | securing a residential certificate of occupancy. 96 |
|---|
| 146 | | - | (c) The improvements authorized under this subsection do 97 |
|---|
| 147 | | - | not require approval by ordinance or resolution of the 98 |
|---|
| 148 | | - | governmental entity where the land is located. 99 |
|---|
| 149 | | - | (d) If agricultural operat ions are discontinued on the 100 |
|---|
| 125 | + | 1. Must be located on a parcel of land no less than 10 76 |
|---|
| 126 | + | acres in size; 77 |
|---|
| 127 | + | 2. May not be located within 500 feet of the property 78 |
|---|
| 128 | + | line; 79 |
|---|
| 129 | + | 3. May not exceed 7,500 square feet per parcel of land; 80 |
|---|
| 130 | + | 4. Must meet all local and state building standards for 81 |
|---|
| 131 | + | securing a residential certificate of occupancy; and 82 |
|---|
| 132 | + | 5. Does not require approval by ordinance or resolution of 83 |
|---|
| 133 | + | the governmental entity where the land is located. 84 |
|---|
| 134 | + | (c) If agricultural operations are discontinued on the 85 |
|---|
| 135 | + | property for a minimum of 3 years and the agricultural land 86 |
|---|
| 136 | + | classification of the property is no longer valid, the 87 |
|---|
| 137 | + | agricultural employee housing is no longer eligible for the 88 |
|---|
| 138 | + | residential uses as provided in this section unless and until 89 |
|---|
| 139 | + | approved by the local jurisdiction under its zoning and land use 90 |
|---|
| 140 | + | regulations for the intended nonagricultural use . 91 |
|---|
| 141 | + | Section 3. Paragraph (b) of subsection (3) of section 92 |
|---|
| 142 | + | 193.461, Florida Statutes, is amended to read: 93 |
|---|
| 143 | + | 193.461 Agricultural lands; classification and assessment; 94 |
|---|
| 144 | + | mandated eradication or quarantine program; natural disasters. — 95 |
|---|
| 145 | + | (3) 96 |
|---|
| 146 | + | (b) Subject to the restrictions specified in this section, 97 |
|---|
| 147 | + | only lands that are used primarily for bona fide agricultural 98 |
|---|
| 148 | + | purposes shall be classified as agricultural. The term "bona 99 |
|---|
| 149 | + | fide agricultural purposes" means good faith commercial 100 |
|---|
| 162 | | - | property for a minimum of 3 years and the agricultural land 101 |
|---|
| 163 | | - | classification of the property is no longer valid, the 102 |
|---|
| 164 | | - | agricultural employee housing is no longer eligible for the 103 |
|---|
| 165 | | - | residential uses as provided in this section unless and until 104 |
|---|
| 166 | | - | approved by the local jurisdiction under its zoning and land use 105 |
|---|
| 167 | | - | regulations for the intended nonagricultural use. 106 |
|---|
| 168 | | - | (e) Notwithstanding this subsection, the construction or 107 |
|---|
| 169 | | - | installation of housing for seasonal agricultural employees in 108 |
|---|
| 170 | | - | the Florida Keys Area of Critical State Concern and the City of 109 |
|---|
| 171 | | - | Key West Area of Critical State Concern is subject to the permit 110 |
|---|
| 172 | | - | allocation systems of the Florida Keys Area of Critical State 111 |
|---|
| 173 | | - | Concern and City of Key West Area of Critical State Concern. 112 |
|---|
| 174 | | - | Section 3. Paragraph (b) of subsection (3) of section 113 |
|---|
| 175 | | - | 193.461, Florida Statutes, is amended to read: 114 |
|---|
| 176 | | - | 193.461 Agricultural lands; classification and assessment; 115 |
|---|
| 177 | | - | mandated eradication or quarantine program; natural disasters. — 116 |
|---|
| 178 | | - | (3) 117 |
|---|
| 179 | | - | (b) Subject to the restrictions specified in this section, 118 |
|---|
| 180 | | - | only lands that are used primarily for bona fide agricultural 119 |
|---|
| 181 | | - | purposes shall be classified as agricultural. The term "bona 120 |
|---|
| 182 | | - | fide agricultural purposes" means good faith commercial 121 |
|---|
| 183 | | - | agricultural use of the land. 122 |
|---|
| 184 | | - | 1. In determining whether the use of the land for 123 |
|---|
| 185 | | - | agricultural purposes is bona fide, the following factors may be 124 |
|---|
| 186 | | - | taken into consideration: 125 |
|---|
| 162 | + | agricultural use of the land. 101 |
|---|
| 163 | + | 1. In determining whether the use of the land for 102 |
|---|
| 164 | + | agricultural purposes is bona fide, the following factors may be 103 |
|---|
| 165 | + | taken into consideration: 104 |
|---|
| 166 | + | a. The length of time the land has been so used. 105 |
|---|
| 167 | + | b. Whether the use has been continuous. 106 |
|---|
| 168 | + | c. The purchase price p aid. 107 |
|---|
| 169 | + | d. Size, as it relates to specific agricultural use, but a 108 |
|---|
| 170 | + | minimum acreage may not be required for agricultural assessment. 109 |
|---|
| 171 | + | e. Whether an indicated effort has been made to care 110 |
|---|
| 172 | + | sufficiently and adequately for the land in accordance with 111 |
|---|
| 173 | + | accepted commercial agricultural practices, including, without 112 |
|---|
| 174 | + | limitation, fertilizing, liming, tilling, mowing, reforesting, 113 |
|---|
| 175 | + | and other accepted agricultural practices. 114 |
|---|
| 176 | + | f. Whether the land is under lease and, if so, the 115 |
|---|
| 177 | + | effective length, terms, and conditions of t he lease. 116 |
|---|
| 178 | + | g. Such other factors as may become applicable. 117 |
|---|
| 179 | + | 2. Offering property for sale does not constitute a 118 |
|---|
| 180 | + | primary use of land and may not be the basis for denying an 119 |
|---|
| 181 | + | agricultural classification if the land continues to be used 120 |
|---|
| 182 | + | primarily for bona fi de agricultural purposes while it is being 121 |
|---|
| 183 | + | offered for sale. 122 |
|---|
| 184 | + | 3. A county or municipality may not require the removal or 123 |
|---|
| 185 | + | relinquishment of an agricultural classification for land that 124 |
|---|
| 186 | + | is subject to a contract for sale that requires a development 125 |
|---|
| 199 | | - | a. The length of time the land has been so used. 126 |
|---|
| 200 | | - | b. Whether the use has been continuous. 127 |
|---|
| 201 | | - | c. The purchase price paid. 128 |
|---|
| 202 | | - | d. Size, as it relates to specific agricultural use, but a 129 |
|---|
| 203 | | - | minimum acreage may not be required for agricultural assessment. 130 |
|---|
| 204 | | - | e. Whether an indicated effort has been made to care 131 |
|---|
| 205 | | - | sufficiently and adequately for the land in accordance with 132 |
|---|
| 206 | | - | accepted commercial agric ultural practices, including, without 133 |
|---|
| 207 | | - | limitation, fertilizing, liming, tilling, mowing, reforesting, 134 |
|---|
| 208 | | - | and other accepted agricultural practices. 135 |
|---|
| 209 | | - | f. Whether the land is under lease and, if so, the 136 |
|---|
| 210 | | - | effective length, terms, and conditions of the lease. 137 |
|---|
| 211 | | - | g. Such other factors as may become applicable. 138 |
|---|
| 212 | | - | 2. Offering property for sale does not constitute a 139 |
|---|
| 213 | | - | primary use of land and may not be the basis for denying an 140 |
|---|
| 214 | | - | agricultural classification if the land continues to be used 141 |
|---|
| 215 | | - | primarily for bona fide agricultural purposes while it is being 142 |
|---|
| 216 | | - | offered for sale. 143 |
|---|
| 217 | | - | 3. A county or municipality may not require the removal or 144 |
|---|
| 218 | | - | relinquishment of an agricultural classification for land that 145 |
|---|
| 219 | | - | is subject to a contract for sale that requires a development 146 |
|---|
| 220 | | - | permit as defined in s. 163.3164(16) as a condition precedent of 147 |
|---|
| 221 | | - | sale if the landowner notifies the county or municipality in 148 |
|---|
| 222 | | - | writing at the time of application for the development permit 149 |
|---|
| 223 | | - | that the reclassification is requested as a condition precedent 150 |
|---|
| 224 | | - | |
|---|
| 225 | | - | CS/CS/CS/HB 1343, Engrossed 1 2023 |
|---|
| 226 | | - | |
|---|
| 227 | | - | |
|---|
| 228 | | - | |
|---|
| 229 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 230 | | - | hb1343-04-e1 |
|---|
| 231 | | - | Page 7 of 7 |
|---|
| 232 | | - | 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 |
|---|
| 233 | | - | |
|---|
| 234 | | - | |
|---|
| 235 | | - | |
|---|
| 236 | | - | for a pending sale of the la nd. The agricultural classification 151 |
|---|
| 237 | | - | for the land may not be removed or relinquished based solely on 152 |
|---|
| 238 | | - | the issuance of the development permit until the landowner 153 |
|---|
| 239 | | - | provides written notice to the county or municipality that the 154 |
|---|
| 240 | | - | contract has closed and the proper ty has been conveyed to the 155 |
|---|
| 241 | | - | contract purchaser. 156 |
|---|
| 242 | | - | Section 4. This act shall take effect July 1, 2023. 157 |
|---|
| 199 | + | permit as defined in s. 163.3164(16) as a condition precedent of 126 |
|---|
| 200 | + | sale if the landowner notifies the county or municipality in 127 |
|---|
| 201 | + | writing at the time of application for the development permit 128 |
|---|
| 202 | + | that the reclassification is requested as a condition precedent 129 |
|---|
| 203 | + | for a pending sale of the land. The agricultural classification 130 |
|---|
| 204 | + | for the land may not be removed or relinquished based solely on 131 |
|---|
| 205 | + | the issuance of the development permit until the landowner 132 |
|---|
| 206 | + | provides written notice to the county or municipality that the 133 |
|---|
| 207 | + | contract has closed and the property has been conveyed to the 134 |
|---|
| 208 | + | contract purchaser. 135 |
|---|
| 209 | + | Section 4. This act shall take effect July 1, 2023. 136 |
|---|