Florida 2023 Regular Session

Florida House Bill H1529 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 1529 2023
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10	10	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
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14	14	A bill to be entitled 1
15	15	An act relating to agricultural property; creating s. 2
16	16	163.3203, F.S.; providing legislative intent; defining 3
17	17	the term "agricultural -related facility"; authorizing 4
18	18	certain facilities to be permitted specified land use 5
19	19	categories and zoning districts; requir es such 6
20	20	facilities comply with certain criteria; authorizing 7
21	21	an affirmative defense; amending s. 163.3248, F.S.; 8
22	22	providing that certain businesses and facilities are 9
23	23	traditional rural land uses; amending s. 193.461, 10
24	24	F.S.; authorizing property to be classif ied as 11
25	25	agricultural at the time of purchase if certain 12
26	26	conditions are met; requiring such property to obtain 13
27	27	certain classification within a specified time period; 14
28	28	authorizing retroactive reclassification in certain 15
29	29	circumstances; authorizing the property appraiser to 16
30	30	extend the time period; requiring the local government 17
31	31	to make certain notifications to purchasers; revising 18
32	32	the definition of "agricultural purposes"; amending s. 19
33	33	193.4613, F.S.; correcting a cross -reference; 20
34	34	providing an effective date. 21
35	35	22
36	36	Be It Enacted by the Legislature of the State of Florida: 23
37	37	24
38	38	Section 1. Section 163.3203, Florida Statutes, is created 25
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40	40	HB 1529 2023
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47	47	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
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51	51	to read: 26
52	52	163.3203 Agricultural -related facilities.— 27
53	53	(1) It is the intent of the Legislature to encourage the 28
54	54	sale of agricultural products to residents and businesses in the 29
55	55	state. In order to preserve open space and encourage 30
56	56	sustainability and diverse income within the state's 31
57	57	agricultural industry, it is essential that agricultural -related 32
58	58	facilities and associated infrastructure be constructed and 33
59	59	maintained in close proximity to, or collocated with, 34
60	60	agricultural businesses, where appropriate, throughout the state 35
61	61	in order to ensure access to and the availability of Florida -36
62	62	grown and produced agricultural products, which are criti cal to 37
63	63	the state's economic future. 38
64	64	(2) As used in this section, the term "agricultural -39
65	65	related facility" means a facility constructed and maintained 40
66	66	for the purposes of selling farm products that: 41
67	67	(a) Primarily uses farm products grown on site or with in a 42
68	68	50-mile radius of the facility. 43
69	69	(b) Consists principally of farm products and the 44
70	70	equipment necessary to distribute, transport, care, maintain 45
71	71	and, as applicable, install the farm products. 46
72	72	(c) May include accessory equipment, farm tractors as 47
73	73	defined in s. 322.01, or motor vehicles necessary to transport 48
74	74	farm products. 49
75	75	(3) A agricultural-related facility: 50
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84	84	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
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88	88	(a) Shall be a permitted use in all agricultural land use 51
89	89	categories in a local government comprehensive plan and all 52
90	90	agricultural zoning di stricts within an unincorporated area. 53
91	91	(b) Must comply with the setback and landscaped buffer 54
92	92	area criteria for other similar uses in the agricultural 55
93	93	district. 56
94	94	(4) This section may be used as an affirmative defense in 57
95	95	existing or future actions by loc al government. 58
96	96	Section 2. Subsection (1) of section 163.3248, Florida 59
97	97	Statutes, is amended to read: 60
98	98	163.3248 Rural land stewardship areas. — 61
99	99	(1) Rural land stewardship areas are designed to establish 62
100	100	a long-term incentive-based strategy to balance and guide the 63
101	101	allocation of land so as to accommodate future land uses in a 64
102	102	manner that protects the natural environment, stimulate economic 65
103	103	growth and diversification, and encourage the retention of land 66
104	104	for agriculture and other traditional rural land us es, 67
105	105	including, but not limited to, landscape service businesses, 68
106	106	equestrian facilities, and other businesses that are integral to 69
107	107	support agriculture. 70
108	108	Section 3. Subsections (4), (5), (6), (7), and (8) of 71
109	109	section 193.461, Florida Statutes, are renumber ed as subsections 72
110	110	(5), (6), (7), (8), and (9), respectively, paragraphs (a) and 73
111	111	(e) of subsection (3) and present subsection (5) are amended, 74
112	112	and a new subsection (4) is added to that section, to read: 75
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121	121	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
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125	125	193.461 Agricultural lands; classification and asses sment; 76
126	126	mandated eradication or quarantine program; natural disasters. — 77
127	127	(3)(a) Except as provided in subsection (4), lands may not 78
128	128	be classified as agricultural lands unless a return is filed on 79
129	129	or before March 1 of each year. Before classifying such land s as 80
130	130	agricultural lands, the property appraiser may require the 81
131	131	taxpayer or the taxpayer's representative to furnish the 82
132	132	property appraiser such information as may reasonably be 83
133	133	required to establish that such lands were actually used for a 84
134	134	bona fide agricultural purpose. Failure to make timely 85
135	135	application by March 1 constitutes a waiver for 1 year of the 86
136	136	privilege granted in this section for agricultural assessment. 87
137	137	However, an applicant who is qualified to receive an 88
138	138	agricultural classification who fails to file an application by 89
139	139	March 1 must file an application for the classification with the 90
140	140	property appraiser on or before the 25th day after the mailing 91
141	141	by the property appraiser of the notice required under s. 92
142	142	194.011(1). Upon receipt of sufficient evide nce, as determined 93
143	143	by the property appraiser, that demonstrates that the applicant 94
144	144	was unable to apply for the classification in a timely manner or 95
145	145	that otherwise demonstrates extenuating circumstances that 96
146	146	warrant the granting of the classification, the p roperty 97
147	147	appraiser may grant the classification. If the applicant files 98
148	148	an application for the classification and fails to provide 99
149	149	sufficient evidence to the property appraiser as required, the 100
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158	158	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
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162	162	applicant may file, pursuant to s. 194.011(3), a petition with 101
163	163	the value adjustment board requesting that the classification be 102
164	164	granted. The petition may be filed at any time during the 103
165	165	taxable year on or before the 25th day following the mailing of 104
166	166	the notice by the property appraiser as provided in s. 105
167	167	194.011(1). Notwithstanding s. 194.013, the applicant must pay a 106
168	168	nonrefundable fee of $15 upon filing the petition. Upon 107
169	169	reviewing the petition, if the person is qualified to receive 108
170	170	the classification and demonstrates particular extenuating 109
171	171	circumstances judged by the value adjustment board to warrant 110
172	172	granting the classification, the value adjustment board may 111
173	173	grant the classification for the current year. The owner of land 112
174	174	that was classified agricultural in the previous year and whose 113
175	175	ownership or use has not changed may reapply on a short form as 114
176	176	provided by the department. The lessee of property may make 115
177	177	original application or reapply using the short form if the 116
178	178	lease, or an affidavit executed by the owner, provides that the 117
179	179	lessee is empowered to make application f or the agricultural 118
180	180	classification on behalf of the owner and a copy of the lease or 119
181	181	affidavit accompanies the application. A county may, at the 120
182	182	request of the property appraiser and by a majority vote of its 121
183	183	governing body, waive the requirement that an a nnual application 122
184	184	or statement be made for classification of property within the 123
185	185	county after an initial application is made and the 124
186	186	classification granted by the property appraiser. Such waiver 125
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195	195	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
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199	199	may be revoked by a majority vote of the governing body of th e 126
200	200	county. 127
201	201	(e) Notwithstanding the provisions of paragraph (a), land 128
202	202	that has received an agricultural classification from the value 129
203	203	adjustment board or a court of competent jurisdiction pursuant 130
204	204	to this section is entitled to receive such classification in 131
205	205	any subsequent year until such agricultural use of the land is 132
206	206	abandoned or discontinued, the land is diverted to a 133
207	207	nonagricultural use, or the land is reclassified as 134
208	208	nonagricultural pursuant to subsection (5) (4). The property 135
209	209	appraiser must, no later than January 31 of each year, provide 136
210	210	notice to the owner of land that was classified agricultural in 137
211	211	the previous year informing the owner of the requirements of 138
212	212	this paragraph and requiring the owner to certify that neither 139
213	213	the ownership nor the use of the land has changed. The 140
214	214	department shall, by administrative rule, prescribe the form of 141
215	215	the notice to be used by the property appraiser under this 142
216	216	paragraph. If a county has waived the requirement that an annual 143
217	217	application or statement be made for class ification of property 144
218	218	pursuant to paragraph (a), the county may, by a majority vote of 145
219	219	its governing body, waive the notice and certification 146
220	220	requirements of this paragraph and shall provide the property 147
221	221	owner with the same notification provided to owners of land 148
222	222	granted an agricultural classification by the property 149
223	223	appraiser. Such waiver may be revoked by a majority vote of the 150
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232	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
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236	236	county's governing body. This paragraph does not apply to any 151
237	237	property if the agricultural classification of that property is 152
238	238	the subject of current litigation. 153
239	239	(4)(a) Property may be classified as agricultural at the 154
240	240	time of purchase if the following conditions are met: 155
241	241	1. The purchaser owns an agriculture business in this 156
242	242	state, the business has been in operation for at least 5 years, 157
243	243	and the business is located on land classified as agricultural 158
244	244	pursuant to this section. 159
245	245	2. The Department of Agriculture and Consumer Services 160
246	246	certifies that the purchaser is enrolled in the appropriate 161
247	247	interim measures or best management pract ices. 162
248	248	3. The purchaser completes the application for 163
249	249	agricultural classification. 164
250	250	(b) Property classified as agricultural under this 165
251	251	subsection must obtain agricultural classification under 166
252	252	subsection (3). The purchaser shall have 5 years after the dat e 167
253	253	the agricultural classification is received to commence bona 168
254	254	fide agricultural activities or the property appraiser may 169
255	255	retroactively reclassify the land as nonagricultural from the 170
256	256	date of purchase. The property appraiser may extend the 5 -year 171
257	257	period upon written request. 172
258	258	(c) When an agricultural classification is granted under 173
259	259	this section, the local government must notify the purchaser of 174
260	260	his or her rights under s. 823.14, and how to comply with any 175
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269	269	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
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273	273	flood plain management ordinance. 176
274	274	(6)(5) For the purpose of this section, the term 177
275	275	"agricultural purposes" includes, but is not limited to, 178
276	276	horticulture; floriculture; viticulture; forestry; dairy; 179
277	277	livestock; poultry; bee; pisciculture, if the land is used 180
278	278	principally for the production of tropical fish; aquaculture as 181
279	279	defined in s. 597.0015; algaculture; sod farming; and all forms 182
280	280	of farm products as defined in s. 823.14(3) and farm production , 183
281	281	which includes, but is not limited to, equipment, machinery, and 184
282	282	other appurtenances which are integral to the operation and are 185
283	283	necessary to plant, grow, propagate, harvest, market, sell, 186
284	284	handle, distribute, or move farm products . 187
285	285	Section 4. Paragraph (a) of subsection (2) of section 188
286	286	193.4613, Florida Statutes, is amended to read: 189
287	287	193.4613 Agricultural lands used in production of 190
288	288	aquaculture; assessment. — 191
289	289	(2)(a) When proper application for agricultural assessment 192
290	290	has been made and granted pursuant to s. 193.461, and the 193
291	291	property owner requests assessment pursuant to this section, the 194
292	292	assessment of land used in the production of aquaculture 195
293	293	products shall be based solely on its agricultural use, 196
294	294	consistent with the use factors specified in s. 193.461(7)(a) s. 197
295	295	193.461(6)(a), and assessed pursuant to paragraph (c). 198
296	296	Section 5. This act shall take effect July 1, 2023. 199