FL
Florida House Bill H1051

Florida 2024 Regular Session

Florida House Bill H1051 Compare Versions

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1010 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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1414 A bill to be entitled 1
1515 An act relating to housing for agricultural workers; 2
1616 amending s. 163.3162, F.S.; defining the terms 3
17-"housing site" and "legally verified agricultural 4
18-worker"; prohibiting a governmental entity from 5
19-adopting or enforcing legislation that inhibits the 6
20-construction of housing for legally verified 7
21-agricultural workers on agricultural land operated as 8
22-a bona fide farm; authorizing local governments to 9
23-adopt land use regulations that are less restrictive 10
24-than certain regulations; requiring that the 11
25-construction or installation of such housing units on 12
26-agricultural lands satisfy certain criteria; requiring 13
27-that local ordinances comply with certain regulations; 14
28-requiring property owners to maintain certain records 15
29-for a specified timeframe; requiring the suspension of 16
30-use of certain housing units and authorizing their 17
31-removal under certain circumstances; specifying 18
32-applicability of permit allocation systems in ce rtain 19
33-areas of critical state concern; authorizing the 20
34-continued use of housing sites constructed before the 21
35-effective date of the act if certain conditions are 22
36-met; providing requirements for property owners of 23
37-certain housing sites; providing an effectiv e date. 24
38- 25
17+"agricultural worker" and "housing site"; prohibiting 4
18+a governmental entity from adopting or enforcing 5
19+legislation that inhibits the construction of housing 6
20+for agricultural workers on agricultural land operated 7
21+as a bona fide farm; requiring that the construction 8
22+or installation of such housing units on agricu ltural 9
23+lands satisfy certain criteria; requiring that local 10
24+ordinances comply with certain regulations; 11
25+authorizing governmental entities to adopt local land 12
26+use regulations that are less restrictive than certain 13
27+state and federal regulations; requiring pr operty 14
28+owners to maintain certain records for a specified 15
29+timeframe; requiring the suspension of use of certain 16
30+housing units and authorizing their removal under 17
31+certain circumstances; specifying applicability of 18
32+permit allocation systems in certain areas of critical 19
33+state concern; authorizing the continued use of 20
34+housing sites constructed before the effective date of 21
35+the act if certain conditions are met; providing an 22
36+effective date. 23
37+ 24
38+Be It Enacted by the Legislature of the State of Florida: 25
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4747 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-Be It Enacted by the Legislature of the State of Florida: 26
52- 27
53- Section 1. Paragraphs (e) and (f) are added to subsection 28
54-(2) of section 163.3162, Florida Statutes, and subsection (5) is 29
55-added to that section, to read: 30
56- 163.3162 Agricultural Lands and Practices. — 31
57- (2) DEFINITIONS.—As used in this section, the term: 32
58- (e) "Housing site" means the totality of development 33
59-supporting authorized housing, including buildings, mobile 34
60-homes, barracks, dormitories used as living quarters, parking 35
61-areas, common areas such as athletic fields or playgrounds, 36
62-storage structures, and other related structures. 37
63- (f) "Legally verified agricultural worker" means a person 38
64-who meets all of the following criteria: 39
65- 1. Is lawfully present in the United States. 40
66- 2. Has been verified through the process provided in s. 41
67-448.095 and is authorized to work at the time of employment. 42
68- 3. Is seasonally or annually employed in bona fide 43
69-agricultural production. 44
70- 4. Remains lawfully present and authorized to work 45
71-throughout the duration of that employment. 46
72- 47
73-The term includes a migrant farmworker as defined in s. 48
74-381.008(4) and a temporary worker with a valid H -2A visa issued 49
75-pursuant to 8 U.S.C. s. 1188. 50
51+ 26
52+ Section 1. Paragraphs (a) through (d) of subsection (2) of 27
53+section 163.3162, Florida Statutes, are redesignated as 28
54+paragraphs (b) through (e), respectively, new paragraphs (a) and 29
55+(f) are added to that subsection, and subsection (5) is added to 30
56+that section, to read: 31
57+ 163.3162 Agricultural Lands and Practices. — 32
58+ (2) DEFINITIONS.—As used in this section, the term: 33
59+ (a) "Agricultural worker" means a person who is seasonally 34
60+or annually employed in bona fide agricultural production; is 35
61+lawfully present in the United States; is authorized to work at 36
62+the time of employment and remains so throughout the duration of 37
63+that employment; and has been verified through the process 38
64+provided in s. 448.095(2). The term includes a migrant 39
65+farmworker as defined in s. 381.008(4 ) and a worker with an H -2A 40
66+visa. 41
67+ (f) "Housing site" means the totality of development 42
68+supporting authorized housing, including buildings, mobile 43
69+homes, barracks, dormitories used as living quarters, parking 44
70+areas, common areas such as athletic fields or playgrounds, 45
71+storage structures, and other related structures. 46
72+ (5) HOUSING FOR AGRICULTURAL WORKERS. — 47
73+ (a) A governmental entity may not adopt or enforce 48
74+legislation that inhibits the construction or installation of 49
75+housing for agricultural workers on land classified as 50
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8484 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- (5) HOUSING FOR LEGALLY VERIFIED AGRICULTURAL WORKERS. — 51
89- (a) A governmental entity may not adopt or enforce any 52
90-legislation to inhibit the construction or installation of 53
91-housing for legally verified agricultural workers on land 54
92-classified as agricultural land pursuant to s. 193.461 which is 55
93-operated as a bona fide farm except as provided in this 56
94-subsection. However, a local government may adopt land use 57
95-regulations that are less restrictive than as provided in this 58
96-subsection. 59
97- (b) Construction or installation of housing units for 60
98-legally verified agricultural workers on parcels of land 61
99-classified as agricultural land under s. 193.461 must satisfy 62
100-all of the following criteria: 63
101- 1. The dwelling units must meet federal, state, and local 64
102-building standards, including standards of the Department of 65
103-Health adopted pursuant to ss. 381.008 -381.00897 and federal 66
104-standards for H-2A visa housing. If written notice of intent is 67
105-required to be submitted to the Department of Health pursuant to 68
106-s. 381.0083, the appropriate governmental entity with 69
107-jurisdiction over the agri cultural lands may also require 70
108-submittal of a copy of the written notice. 71
109- 2. The housing site must be maintained in a neat, orderly, 72
110-and safe manner. 73
111- 3. All structures containing dwelling units must be 74
112-located a minimum of 10 feet apart. 75
88+agricultural land pursuant to s. 193.461 which is operated as a 51
89+bona fide farm except as provided in this subsection. 52
90+ (b) Construction or installation of housing units for 53
91+agricultural workers on parcels of land classified as 54
92+agricultural land under s. 193.461 must satisfy all of the 55
93+following criteria: 56
94+ 1. The dwelling units must meet federal, state, and local 57
95+building standards, including migrant farmworker housing 58
96+standards regulated by the Department of Health and federal 59
97+standards for H-2A visa housing. If written notice of intent is 60
98+required to be submitted to the Department of Health pursuant to 61
99+s. 381.0083, the appropriate governmental entity with 62
100+jurisdiction over the agricultural lands may also require 63
101+submittal of a copy of t he written notice. 64
102+ 2. The housing site must be maintained in a neat, orderly, 65
103+and safe manner. 66
104+ 3. All structures containing dwelling units must be 67
105+located a minimum of 10 feet apart. 68
106+ 4. The square footage of the housing site's climate -69
107+controlled facilities may not exceed 1.5 percent of the 70
108+property's area or 35,000 square feet, whichever is less. 71
109+ 5. A housing site must provide front, side, and rear yard 72
110+setbacks of at least 50 feet. However, an internal project 73
111+driveway may be located in the required yard space if the yard 74
112+is adjacent to a public roadway or to property that is under 75
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121121 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- 4. The square footage of the housing site's climate -76
126-controlled facilities may not exceed 1.5 percent of the 77
127-property's area or 35,000 square feet, whichever is less. 78
128- 5. A housing site must provide front, side, and rear yard 79
129-setbacks of at least 50 feet. However, an internal project 80
130-driveway may be located in the required yard space if the yard 81
131-is adjacent to a public roadway or to property that is under 82
132-common ownership with the housing site. 83
133- 6. A housing site may not be located less than 250 feet 84
134-from a property line adjacent to property zoned for residential 85
135-use. If the housing site is located less than 500 feet from any 86
136-property line, screening must be provided between the housing 87
137-site and any residentially developed adjacent parcels that are 88
138-under different ownership. The screening may be designed in any 89
139-of the following ways: 90
140- a. Evergreen plants that, at the time of planting, are at 91
141-least 6 feet in height and provide an overall screening opacity 92
142-of 75 percent; 93
143- b. A masonry wall at least 6 feet in height and finished 94
144-on all sides with brick, stone, or painted or pigmented stucco; 95
145- c. A solid wood or PVC fence at least 6 feet in height 96
146-with the finished side of the fence facing out; 97
147- d. A row of evergreen shade trees that, at the time of 98
148-planting, are at lea st 10 feet in height, a minimum of 2 -inch 99
149-caliper, and spaced no more than 20 feet apart; or 100
125+common ownership with the housing site. 76
126+ 6. A housing site may not be located less than 250 feet 77
127+from a property line adjacent to property zoned for residential 78
128+use. If the housing site is located less than 500 feet from any 79
129+property line, screening must be provided be tween the housing 80
130+site and any residentially developed adjacent parcels that are 81
131+under different ownership. The screening may be designed in any 82
132+of the following ways: 83
133+ a. Evergreen plants that, at the time of planting, are at 84
134+least 6 feet in height and p rovide an overall screening opacity 85
135+of 75 percent; 86
136+ b. A masonry wall at least 6 feet in height and finished 87
137+on all sides with brick, stone, or painted or pigmented stucco; 88
138+ c. A solid wood or PVC fence at least 6 feet in height 89
139+with the finished side of the fence facing out; 90
140+ d. A row of evergreen shade trees that, at the time of 91
141+planting, are at least 10 feet in height, a minimum of 2 -inch 92
142+caliper, and spaced no more than 20 feet apart; or 93
143+ e. A berm made with a combination of the materials listed 94
144+in sub-subparagraphs a.-d., which is at least 6 feet in height 95
145+and provides an overall screening opacity of 75 percent at the 96
146+time of installation. 97
147+ 7. All access drives that serve the housing site must be 98
148+made of packed shell, gravel, or a similar material that will 99
149+provide a relatively dust -free surface. 100
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158158 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- e. A berm made with a combination of the materials listed 101
163-in sub-subparagraphs a.-d., which is at least 6 feet in height 102
164-and provides an overall screening opacit y of 75 percent at the 103
165-time of installation. 104
166- 7. All access drives that serve the housing site must be 105
167-made of packed shell, gravel, or a similar material that will 106
168-provide a relatively dust -free surface. 107
169- (c) Any local ordinance adopted pursuant to this 108
170-subsection must comply with all state and federal regulations 109
171-for migrant farmworker housing, as applicable, including rules 110
172-adopted by the Department of Health pursuant to ss. 381.008 –111
173-381.00897 and federal regulations under the Migrant and Seasonal 112
174-Agricultural Worker Protection Act or the H -2A visa program. 113
162+ (c) Any local ordinance adopted pursuant to this 101
163+subsection must comply with all state and federal regulations 102
164+for migrant farmworker housing, as applicable, including rules 103
165+adopted by the Department of H ealth pursuant to ss. 381.008 –104
166+381.00897 and federal regulations under the Migrant and Seasonal 105
167+Agricultural Worker Protection Act or the H -2A visa program. A 106
168+governmental entity may adopt local government land use 107
169+regulations that are less restrictive than the regulations 108
170+established by the Department of Health pursuant to ss. 381.008 –109
171+381.00897 and federal regulations under the Migrant and Seasonal 110
172+Agricultural Worker Protection Act or the H -2A visa program for 111
173+the construction or installation of housing fo r temporary 112
174+migrant farmworkers. 113
175175 (d) Beginning July 1, 2024, a property owner must maintain 114
176176 records of all approved permits, including successor permits, 115
177177 for migrant labor camps or residential migrant housing as 116
178178 required under s. 381.0081. A property own er must maintain such 117
179179 records for at least 3 years and make the records available for 118
180180 inspection within 14 days after receipt of a request for records 119
181181 by a governmental entity. 120
182182 (e) A housing site may not continue to be used and may be 121
183-required to be removed under the following circumstances: 122
183+required to be removed under any of the following circumstances: 122
184184 1. If, for any reason, a housing site is not being used 123
185-for legally verified agricultural workers for longer than 365 124
186-days, any structures used as living quarters must be removed 125
185+for agricultural workers for longer than 365 days, any 124
186+structures used as dwelling units must be removed from the 125
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195195 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-from the housing site within 180 days after receipt of written 126
200-notification from the county unless the property owner can 127
201-demonstrate that use of the site for housing legally verified 128
202-agricultural workers will occur within 90 days after receipt of 129
203-the written notificat ion. 130
199+housing site within 180 days after rec eipt of a written 126
200+notification from the local government unless the property owner 127
201+can demonstrate that use of the site for housing agricultural 128
202+workers will occur within 90 days after receipt of such written 129
203+notification. 130
204204 2. If the property on which the housing site is located 131
205205 ceases to be classified as agricultural land, housing authorized 132
206-under this section ceases to be eligible for residential uses 133
207-unless and until it is approved under the zoning and land use 134
208-regulations of the governmental entity. 135
206+under this section ceases to be eligible for residential use 133
207+unless it is approved under the zoning and land use regulations 134
208+of the governmental entity. 135
209209 3. If the permit authorized by the Department of Health 136
210210 for the housing site is revoked, any structures must be removed 137
211-from the housing site within 180 days after receipt of written 138
212-notification from the county unless the permit is reinstated by 139
213-the Department of Health. 140
211+from the housing site within 180 days after receipt of a written 138
212+notification from the local government unless the permit is 139
213+reinstated by the Depa rtment of Health. 140
214214 (f) Notwithstanding this subsection, the construction or 141
215-installation of housing for legally verified agricultural 142
216-workers in the Florida Keys Area of Critical State Concern or 143
217-the City of Key West A rea of Critical State Concern is subject 144
218-to the permit allocation systems of the Florida Keys Area of 145
219-Critical State Concern or the City of Key West Area of Critical 146
220-State Concern, respectively. 147
215+installation of housing for seasonal agricultural employees in 142
216+the Florida Keys Area of Critical State Concern or the City of 143
217+Key West Area of Critical State Concern is subject to the permit 144
218+allocation systems of the Florida Keys Area of Critical State 145
219+Concern or the City of Key West Area of Critical State Concern, 146
220+respectively. 147
221221 (g) A housing site that was constructed and in use before 148
222-July 1, 2024, may continue to be used, and the property owner 149
223-may not be required by a governmental entity to make changes to 150
222+July 1, 2024, may continue to be used, and a governmental entity 149
223+may not require the property owner to make changes to meet the 150
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232232 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-meet the requirements of this subsection, unless the housing 151
237-site will be enlarged, remodeled, renovated, or rehabilitated. 152
238-The property owner of a housing site that is authorized under 153
239-this paragraph must provide regular maintenance and repair, 154
240-including compliance with health and safety regulations and 155
241-maintenance standards, for such housing site to ensure the 156
242-health, safety, and ha bitability of the housing site. 157
236+requirements of this subsection, unless the housing site will be 151
237+enlarged, remodeled, renovated, or rehabilitated. The property 152
238+owner of a housing site that is permitted un der this paragraph 153
239+must provide regular maintenance and repair, including 154
240+compliance with health and safety regulations and maintenance 155
241+standards, for such housing site to ensure the health, safety, 156
242+and habitability of the housing site. 157
243243 Section 2. This act shall take effect July 1, 2024. 158