Florida Senate - 2023 CS for CS for SB 1184
By the Committees on Finance and Tax; and Community Affairs; and
Senator Collins
593-03756-23 20231184c2
1 A bill to be entitled
2 An act relating to agricultural lands; amending s.
3 125.01, F.S.; prohibiting a county from levying
4 special assessments on certain lands; deleting
5 exceptions; deleting the definition of the term
6 “agricultural pole barn”; amending s. 163.3162, F.S.;
7 defining the term “agricultural employee”; authorizing
8 construction or installation of housing for
9 agricultural employees on certain lands; providing
10 requirements for such housing; exempting such housing
11 from certain local government approval; providing
12 limitations on eligibility for residential uses of
13 certain property; amending s. 193.461, F.S.;
14 prohibiting local governments from adopting land use
15 or zoning restrictions, conditions, or regulations
16 that require termination or surrender of agricultural
17 classifications for certain property; providing that
18 such restrictions, conditions, or regulations adopted
19 before a specified date are invalid and unenforceable;
20 amending s. 381.0065, F.S.; requiring the Department
21 of Environmental Protection to permit and inspect
22 toilet facilities placed on lands classified as
23 agricultural for certain use; providing an effective
24 date.
25
26 Be It Enacted by the Legislature of the State of Florida:
27
28 Section 1. Paragraph (r) of subsection (1) of section
29 125.01, Florida Statutes, is amended to read:
30 125.01 Powers and duties.—
31 (1) The legislative and governing body of a county shall
32 have the power to carry on county government. To the extent not
33 inconsistent with general or special law, this power includes,
34 but is not restricted to, the power to:
35 (r) Levy and collect taxes, both for county purposes and
36 for the providing of municipal services within any municipal
37 service taxing unit, and special assessments; borrow and expend
38 money; and issue bonds, revenue certificates, and other
39 obligations of indebtedness, which power shall be exercised in
40 such manner, and subject to such limitations, as may be provided
41 by general law. There shall be no referendum required for the
42 levy by a county of ad valorem taxes, both for county purposes
43 and for the providing of municipal services within any municipal
44 service taxing unit. Notwithstanding any other provision of law,
45 a county may not levy special assessments for the provision of
46 fire protection services on lands classified as agricultural
47 lands under s. 193.461 unless the land contains a residential
48 dwelling or nonresidential farm building, with the exception of
49 an agricultural pole barn, provided the nonresidential farm
50 building exceeds a just value of $10,000. Such special
51 assessments must be based solely on the special benefit accruing
52 to that portion of the land consisting of the residential
53 dwelling and curtilage, and qualifying nonresidential farm
54 buildings. As used in this paragraph, the term “agricultural
55 pole barn” means a nonresidential farm building in which 70
56 percent or more of the perimeter walls are permanently open and
57 allow free ingress and egress.
58 Section 2. Present paragraphs (a) through (d) of subsection
59 (2) of section 163.3162, Florida Statutes, are redesignated as
60 paragraphs (b) through (e), respectively, a new paragraph (a) is
61 added to that subsection, and subsection (5) is added to that
62 section, to read:
63 163.3162 Agricultural Lands and Practices.—
64 (2) DEFINITIONS.—As used in this section, the term:
65 (a) “Agricultural employee” means a person who produces a
66 farm product as defined in s. 823.14(3); is seasonally or
67 annually employed in agricultural production; is lawfully
68 present in the United States; is allowed to work at the time of
69 employment and remains so throughout the duration of that
70 employment; and has been verified through the process provided
71 in s. 448.095.
72 (5) AGRICULTURAL EMPLOYEE HOUSING.—
73 (a) The construction or installation of housing for
74 agricultural employees as defined in this section is authorized
75 on land zoned for agricultural use which is operated as a bona
76 fide farm.
77 (b) Construction or installation of housing under this
78 subsection:
79 1. May not exceed 7,500 square feet per parcel of land;
80 2. Must meet all local and state building standards for
81 securing a residential certificate of occupancy; and
82 3. Does not require approval by ordinance or resolution of
83 the governmental entity where the land is located.
84 (c) If agricultural operations are discontinued on the
85 property for a minimum of 3 years and the agricultural land
86 classification of the property is no longer valid, the
87 agricultural employee housing is no longer eligible for the
88 residential uses as provided for in this section unless and
89 until approved by the local jurisdiction under its zoning and
90 land use regulations for the intended nonagricultural use.
91 Section 3. Paragraph (b) of subsection (3) of section
92 193.461, Florida Statutes, is amended to read:
93 193.461 Agricultural lands; classification and assessment;
94 mandated eradication or quarantine program; natural disasters.—
95 (3)
96 (b) Subject to the restrictions specified in this section,
97 only lands that are used primarily for bona fide agricultural
98 purposes shall be classified as agricultural. The term “bona
99 fide agricultural purposes” means good faith commercial
100 agricultural use of the land.
101 1. In determining whether the use of the land for
102 agricultural purposes is bona fide, the following factors may be
103 taken into consideration:
104 a. The length of time the land has been so used.
105 b. Whether the use has been continuous.
106 c. The purchase price paid.
107 d. Size, as it relates to specific agricultural use, but a
108 minimum acreage may not be required for agricultural assessment.
109 e. Whether an indicated effort has been made to care
110 sufficiently and adequately for the land in accordance with
111 accepted commercial agricultural practices, including, without
112 limitation, fertilizing, liming, tilling, mowing, reforesting,
113 and other accepted agricultural practices.
114 f. Whether the land is under lease and, if so, the
115 effective length, terms, and conditions of the lease.
116 g. Such other factors as may become applicable.
117 2. Offering property for sale does not constitute a primary
118 use of land and may not be the basis for denying an agricultural
119 classification if the land continues to be used primarily for
120 bona fide agricultural purposes while it is being offered for
121 sale.
122 3. A local government may not adopt a land use or zoning
123 restriction, condition, or regulation that requires the
124 termination of an agricultural classification for any property
125 or the surrender of an agricultural classification for any
126 property by the property owner if the property is used for bona
127 fide agricultural purposes as defined in this section. Such
128 restrictions, conditions, or regulations adopted before July 1,
129 2023, are invalid and unenforceable.
130 Section 4. Paragraph (m) of subsection (3) of section
131 381.0065, Florida Statutes, is amended to read:
132 381.0065 Onsite sewage treatment and disposal systems;
133 regulation.—
134 (3) DUTIES AND POWERS OF THE DEPARTMENT OF ENVIRONMENTAL
135 PROTECTION.—The department shall:
136 (m) Permit and inspect portable or temporary toilet
137 services and holding tanks. The department shall review
138 applications, perform site evaluations, and issue permits for
139 the temporary use of holding tanks, privies, portable toilet
140 services, or any other toilet facility that is intended for use
141 on a permanent or nonpermanent basis, including facilities
142 placed on lands classified as agricultural pursuant to s.
143 193.461 or construction sites when workers are present. The
144 department may specify standards for the construction,
145 maintenance, use, and operation of any such facility for
146 temporary use.
147 Section 5. This act shall take effect July 1, 2023.