Florida Senate - 2023                          SENATOR AMENDMENT
       Bill No. CS/CS/CS/HB 1343, 1st Eng.
       
       
       
       
       
       
                                Ì312976KÎ312976                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                  Floor: WD            .                                
             05/03/2023 02:45 PM       .                                
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       Senator Collins moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (5) is added to section 163.3162,
    6  Florida Statutes, to read:
    7         163.3162 Agricultural Lands and Practices.—
    8         (5)AGRICULTURAL EMPLOYEE HOUSING.
    9         (a)The construction or installation of housing for
   10  nonimmigrant agricultural employees working in this state
   11  pursuant to 8 U.S.C. s. 1188 is authorized on land zoned for
   12  agricultural use which is operated as a bona fide farm.
   13         (b)Except as authorized by a less restrictive local
   14  government ordinance, construction or installation of housing
   15  under this subsection:
   16         1.Must be located on a parcel of land no less than 10
   17  acres in size;
   18         2.Must meet, at a minimum, the criteria set forth in 29
   19  C.F.R. 1910.142 and 64E-14, Florida Administrative Code;
   20         3.May not be located within 150 feet of the property line,
   21  or within 750 feet of a property line adjacent to property zoned
   22  for residential use;
   23         4.May not exceed three structures per parcel or a maximum
   24  of 2,500 square feet per structure which is heated and cooled;
   25  and
   26         5.Must meet all local and state building standards for
   27  securing a residential certificate of occupancy.
   28         (c)Construction or installation of housing authorized
   29  under this subsection does not require approval by ordinance or
   30  resolution of the governmental entity where the land is located.
   31         (d)If agricultural operations are discontinued on the
   32  property for a minimum of 3 years and the agricultural land
   33  classification of the property is no longer valid, housing
   34  authorized under this subsection is no longer eligible for the
   35  residential uses provided in this subsection unless and until
   36  approved by the local jurisdiction under its zoning and land use
   37  regulations for the intended nonagricultural use.
   38         (e)Notwithstanding this subsection, the construction or
   39  installation of housing for seasonal agricultural employees in
   40  the Florida Keys Area of Critical State Concern and the City of
   41  Key West Area of Critical State Concern is subject to the permit
   42  allocation systems of the Florida Keys Area of Critical State
   43  Concern and City of Key West Area of Critical State Concern,
   44  respectively.
   45         Section 2. Paragraph (b) of subsection (3) of section
   46  193.461, Florida Statutes, is amended to read:
   47         193.461 Agricultural lands; classification and assessment;
   48  mandated eradication or quarantine program; natural disasters.—
   49         (3)
   50         (b) Subject to the restrictions specified in this section,
   51  only lands that are used primarily for bona fide agricultural
   52  purposes shall be classified as agricultural. The term “bona
   53  fide agricultural purposes” means good faith commercial
   54  agricultural use of the land.
   55         1. In determining whether the use of the land for
   56  agricultural purposes is bona fide, the following factors may be
   57  taken into consideration:
   58         a. The length of time the land has been so used.
   59         b. Whether the use has been continuous.
   60         c. The purchase price paid.
   61         d. Size, as it relates to specific agricultural use, but a
   62  minimum acreage may not be required for agricultural assessment.
   63         e. Whether an indicated effort has been made to care
   64  sufficiently and adequately for the land in accordance with
   65  accepted commercial agricultural practices, including, without
   66  limitation, fertilizing, liming, tilling, mowing, reforesting,
   67  and other accepted agricultural practices.
   68         f. Whether the land is under lease and, if so, the
   69  effective length, terms, and conditions of the lease.
   70         g. Such other factors as may become applicable.
   71         2. Offering property for sale does not constitute a primary
   72  use of land and may not be the basis for denying an agricultural
   73  classification if the land continues to be used primarily for
   74  bona fide agricultural purposes while it is being offered for
   75  sale.
   76         3.A local government may not adopt a land use or zoning
   77  restriction, condition, or regulation that requires the
   78  termination of an agricultural classification for any property
   79  or the surrender of an agricultural classification for any
   80  property by the property owner if the property is used for bona
   81  fide agricultural purposes as defined in this section. Such
   82  restrictions, conditions, or regulations adopted before July 1,
   83  2023, are invalid and unenforceable.
   84         Section 3. This act shall take effect July 1, 2023.
   85  
   86  ================= T I T L E  A M E N D M E N T ================
   87  And the title is amended as follows:
   88         Delete everything before the enacting clause
   89  and insert:
   90                        A bill to be entitled                      
   91         An act relating to agricultural lands; amending s.
   92         163.3162, F.S.; authorizing construction or
   93         installation of housing for nonimmigrant agricultural
   94         employees on certain lands; providing requirements for
   95         such housing; exempting such housing from certain
   96         local government approval; providing conditions under
   97         which such housing is subject to specified land use
   98         restrictions; providing that such housing in certain
   99         areas is subject to certain permit allocation systems;
  100         amending s. 193.461, F.S.; prohibiting local
  101         governments from adopting land use or zoning
  102         restrictions, conditions, or regulations that require
  103         termination or surrender of agricultural
  104         classifications for certain property; providing that
  105         such restrictions, conditions, or regulations adopted
  106         before a specified date are invalid and unenforceable;
  107         providing an effective date.