Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1184
       
       
       
       
       
       
                                Ì247198UÎ247198                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/12/2023           .                                
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       The Committee on Finance and Tax (Collins) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 50 - 169
    4  and insert:
    5  a county may not levy special assessments for the provision of
    6  fire protection services on lands classified as agricultural
    7  lands under s. 193.461 unless the land contains a residential
    8  dwelling or nonresidential farm building, with the exception of
    9  an agricultural pole barn, provided the nonresidential farm
   10  building exceeds a just value of $10,000. Such special
   11  assessments must be based solely on the special benefit accruing
   12  to that portion of the land consisting of the residential
   13  dwelling and curtilage, and qualifying nonresidential farm
   14  buildings. As used in this paragraph, the term “agricultural
   15  pole barn” means a nonresidential farm building in which 70
   16  percent or more of the perimeter walls are permanently open and
   17  allow free ingress and egress.
   18         Section 2. Present paragraphs (a) through (d) of subsection
   19  (2) of section 163.3162, Florida Statutes, are redesignated as
   20  paragraphs (b) through (e), respectively, a new paragraph (a) is
   21  added to that subsection, and subsection (5) is added to that
   22  section, to read:
   23         163.3162 Agricultural Lands and Practices.—
   24         (2) DEFINITIONS.—As used in this section, the term:
   25         (a)“Agricultural employee” means a person who produces a
   26  farm product as defined in s. 823.14(3); is seasonally or
   27  annually employed in agricultural production; is lawfully
   28  present in the United States; is allowed to work at the time of
   29  employment and remains so throughout the duration of that
   30  employment; and has been verified through the process provided
   31  in s. 448.095.
   32         (5)AGRICULTURAL EMPLOYEE HOUSING.—
   33         (a) The construction or installation of housing for
   34  agricultural employees as defined in this section is authorized
   35  on land zoned for agricultural use which is operated as a bona
   36  fide farm.
   37         (b)Construction or installation of housing under this
   38  subsection:
   39         1.May not exceed 7,500 square feet per parcel of land;
   40         2.Must meet all local and state building standards for
   41  securing a residential certificate of occupancy; and
   42         3.Does not require approval by ordinance or resolution of
   43  the governmental entity where the land is located.
   44         (c)If agricultural operations are discontinued on the
   45  property for a minimum of 3 years and the agricultural land
   46  classification of the property is no longer valid, the
   47  agricultural employee housing is no longer eligible for the
   48  residential uses as provided for in this section unless and
   49  until approved by the local jurisdiction under its zoning and
   50  land use regulations for the intended nonagricultural use.
   51         Section 3. Paragraph (b) of subsection (3) of section
   52  193.461, Florida Statutes, is amended to read:
   53         193.461 Agricultural lands; classification and assessment;
   54  mandated eradication or quarantine program; natural disasters.—
   55         (3)
   56         (b) Subject to the restrictions specified in this section,
   57  only lands that are used primarily for bona fide agricultural
   58  purposes shall be classified as agricultural. The term “bona
   59  fide agricultural purposes” means good faith commercial
   60  agricultural use of the land.
   61         1. In determining whether the use of the land for
   62  agricultural purposes is bona fide, the following factors may be
   63  taken into consideration:
   64         a. The length of time the land has been so used.
   65         b. Whether the use has been continuous.
   66         c. The purchase price paid.
   67         d. Size, as it relates to specific agricultural use, but a
   68  minimum acreage may not be required for agricultural assessment.
   69         e. Whether an indicated effort has been made to care
   70  sufficiently and adequately for the land in accordance with
   71  accepted commercial agricultural practices, including, without
   72  limitation, fertilizing, liming, tilling, mowing, reforesting,
   73  and other accepted agricultural practices.
   74         f. Whether the land is under lease and, if so, the
   75  effective length, terms, and conditions of the lease.
   76         g. Such other factors as may become applicable.
   77         2. Offering property for sale does not constitute a primary
   78  use of land and may not be the basis for denying an agricultural
   79  classification if the land continues to be used primarily for
   80  bona fide agricultural purposes while it is being offered for
   81  sale.
   82         3.A local government may not adopt a land use or zoning
   83  restriction, condition, or regulation that requires the
   84  termination of an agricultural classification for any property
   85  or the surrender of an agricultural classification for any
   86  property by the property owner if the property is used for bona
   87  fide agricultural purposes as defined in this section. Such
   88  restrictions, conditions, or regulations adopted before July 1,
   89  2023, are invalid and unenforceable.
   90  
   91  ================= T I T L E  A M E N D M E N T ================
   92  And the title is amended as follows:
   93         Delete lines 3 - 25
   94  and insert:
   95         125.01, F.S.; prohibiting a county from levying
   96         special assessments on certain lands; deleting
   97         exceptions; deleting the definition of the term
   98         “agricultural pole barn”; amending s. 163.3162, F.S.;
   99         defining the term “agricultural employee”; authorizing
  100         construction or installation of housing for
  101         agricultural employees on certain lands; providing
  102         requirements for such housing; exempting such housing
  103         from certain local government approval; providing
  104         limitations on eligibility for residential uses of
  105         certain property; amending s. 193.461, F.S.;
  106         prohibiting local governments from adopting land use
  107         or zoning restrictions, conditions, or regulations
  108         that require termination or surrender of agricultural
  109         classifications for certain property; providing that
  110         such restrictions, conditions, or regulations adopted
  111         before a specified date are invalid and unenforceable;
  112         amending s.