CS/HB 1051 2024
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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 housing for agricultural workers; 2
amending s. 163.3162, F.S.; defining the terms 3
"agricultural worker" and "housing site"; prohibiting 4
a governmental entity from adopting or enforcing 5
legislation that inhibits the construction of housing 6
for agricultural workers on agricultural land operated 7
as a bona fide farm; requiring that the construction 8
or installation of such housing units on agricu ltural 9
lands satisfy certain criteria; requiring that local 10
ordinances comply with certain regulations; 11
authorizing governmental entities to adopt local land 12
use regulations that are less restrictive than certain 13
state and federal regulations; requiring pr operty 14
owners to maintain certain records for a specified 15
timeframe; requiring the suspension of use of certain 16
housing units and authorizing their removal under 17
certain circumstances; specifying applicability of 18
permit allocation systems in certain areas of critical 19
state concern; authorizing the continued use of 20
housing sites constructed before the effective date of 21
the act if certain conditions are met; providing an 22
effective date. 23
24
Be It Enacted by the Legislature of the State of Florida: 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
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Section 1. Paragraphs (a) through (d) of subsection (2) of 27
section 163.3162, Florida Statutes, are redesignated as 28
paragraphs (b) through (e), respectively, new paragraphs (a) and 29
(f) are added to that subsection, and subsection (5) is added to 30
that section, to read: 31
163.3162 Agricultural Lands and Practices. — 32
(2) DEFINITIONS.—As used in this section, the term: 33
(a) "Agricultural worker" means a person who is seasonally 34
or annually employed in bona fide agricultural production; is 35
lawfully present in the United States; is authorized to work at 36
the time of employment and remains so throughout the duration of 37
that employment; and has been verified through the process 38
provided in s. 448.095(2). The term includes a migrant 39
farmworker as defined in s. 381.008(4 ) and a worker with an H -2A 40
visa. 41
(f) "Housing site" means the totality of development 42
supporting authorized housing, including buildings, mobile 43
homes, barracks, dormitories used as living quarters, parking 44
areas, common areas such as athletic fields or playgrounds, 45
storage structures, and other related structures. 46
(5) HOUSING FOR AGRICULTURAL WORKERS. — 47
(a) A governmental entity may not adopt or enforce 48
legislation that inhibits the construction or installation of 49
housing for agricultural workers on land classified as 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
agricultural land pursuant to s. 193.461 which is operated as a 51
bona fide farm except as provided in this subsection. 52
(b) Construction or installation of housing units for 53
agricultural workers on parcels of land classified as 54
agricultural land under s. 193.461 must satisfy all of the 55
following criteria: 56
1. The dwelling units must meet federal, state, and local 57
building standards, including migrant farmworker housing 58
standards regulated by the Department of Health and federal 59
standards for H-2A visa housing. If written notice of intent is 60
required to be submitted to the Department of Health pursuant to 61
s. 381.0083, the appropriate governmental entity with 62
jurisdiction over the agricultural lands may also require 63
submittal of a copy of t he written notice. 64
2. The housing site must be maintained in a neat, orderly, 65
and safe manner. 66
3. All structures containing dwelling units must be 67
located a minimum of 10 feet apart. 68
4. The square footage of the housing site's climate -69
controlled facilities may not exceed 1.5 percent of the 70
property's area or 35,000 square feet, whichever is less. 71
5. A housing site must provide front, side, and rear yard 72
setbacks of at least 50 feet. However, an internal project 73
driveway may be located in the required yard space if the yard 74
is adjacent to a public roadway or to property that is under 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
common ownership with the housing site. 76
6. A housing site may not be located less than 250 feet 77
from a property line adjacent to property zoned for residential 78
use. If the housing site is located less than 500 feet from any 79
property line, screening must be provided be tween the housing 80
site and any residentially developed adjacent parcels that are 81
under different ownership. The screening may be designed in any 82
of the following ways: 83
a. Evergreen plants that, at the time of planting, are at 84
least 6 feet in height and p rovide an overall screening opacity 85
of 75 percent; 86
b. A masonry wall at least 6 feet in height and finished 87
on all sides with brick, stone, or painted or pigmented stucco; 88
c. A solid wood or PVC fence at least 6 feet in height 89
with the finished side of the fence facing out; 90
d. A row of evergreen shade trees that, at the time of 91
planting, are at least 10 feet in height, a minimum of 2 -inch 92
caliper, and spaced no more than 20 feet apart; or 93
e. A berm made with a combination of the materials listed 94
in sub-subparagraphs a.-d., which is at least 6 feet in height 95
and provides an overall screening opacity of 75 percent at the 96
time of installation. 97
7. All access drives that serve the housing site must be 98
made of packed shell, gravel, or a similar material that will 99
provide a relatively dust -free surface. 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
(c) Any local ordinance adopted pursuant to this 101
subsection must comply with all state and federal regulations 102
for migrant farmworker housing, as applicable, including rules 103
adopted by the Department of H ealth pursuant to ss. 381.008 –104
381.00897 and federal regulations under the Migrant and Seasonal 105
Agricultural Worker Protection Act or the H -2A visa program. A 106
governmental entity may adopt local government land use 107
regulations that are less restrictive than the regulations 108
established by the Department of Health pursuant to ss. 381.008 –109
381.00897 and federal regulations under the Migrant and Seasonal 110
Agricultural Worker Protection Act or the H -2A visa program for 111
the construction or installation of housing fo r temporary 112
migrant farmworkers. 113
(d) Beginning July 1, 2024, a property owner must maintain 114
records of all approved permits, including successor permits, 115
for migrant labor camps or residential migrant housing as 116
required under s. 381.0081. A property own er must maintain such 117
records for at least 3 years and make the records available for 118
inspection within 14 days after receipt of a request for records 119
by a governmental entity. 120
(e) A housing site may not continue to be used and may be 121
required to be removed under any of the following circumstances: 122
1. If, for any reason, a housing site is not being used 123
for agricultural workers for longer than 365 days, any 124
structures used as dwelling units must be removed from the 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
housing site within 180 days after rec eipt of a written 126
notification from the local government unless the property owner 127
can demonstrate that use of the site for housing agricultural 128
workers will occur within 90 days after receipt of such written 129
notification. 130
2. If the property on which the housing site is located 131
ceases to be classified as agricultural land, housing authorized 132
under this section ceases to be eligible for residential use 133
unless it is approved under the zoning and land use regulations 134
of the governmental entity. 135
3. If the permit authorized by the Department of Health 136
for the housing site is revoked, any structures must be removed 137
from the housing site within 180 days after receipt of a written 138
notification from the local government unless the permit is 139
reinstated by the Depa rtment of Health. 140
(f) Notwithstanding this subsection, the construction or 141
installation of housing for seasonal agricultural employees in 142
the Florida Keys Area of Critical State Concern or the City of 143
Key West Area of Critical State Concern is subject to the permit 144
allocation systems of the Florida Keys Area of Critical State 145
Concern or the City of Key West Area of Critical State Concern, 146
respectively. 147
(g) A housing site that was constructed and in use before 148
July 1, 2024, may continue to be used, and a governmental entity 149
may not require the property owner to make changes to meet the 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
requirements of this subsection, unless the housing site will be 151
enlarged, remodeled, renovated, or rehabilitated. The property 152
owner of a housing site that is permitted un der this paragraph 153
must provide regular maintenance and repair, including 154
compliance with health and safety regulations and maintenance 155
standards, for such housing site to ensure the health, safety, 156
and habitability of the housing site. 157
Section 2. This act shall take effect July 1, 2024. 158