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