Florida Senate - 2024                                    SB 1082
       
       
        
       By Senator Collins
       
       
       
       
       
       14-00506A-24                                          20241082__
    1                        A bill to be entitled                      
    2         An act relating to housing for agricultural workers;
    3         amending s. 163.3162, F.S.; defining the terms
    4         “agricultural worker” and “housing site”; prohibiting
    5         a governmental entity from adopting or enforcing any
    6         legislation to inhibit the construction of housing for
    7         agricultural workers on agricultural land operated as
    8         a bona fide farm; requiring that the construction or
    9         installation of such housing units on agricultural
   10         lands satisfy certain criteria; requiring that local
   11         ordinances comply with certain regulations;
   12         authorizing governmental entities to adopt local land
   13         use regulations that are less restrictive than certain
   14         state and federal regulations; requiring property
   15         owners to maintain certain records for a specified
   16         timeframe; requiring the suspension of use of certain
   17         housing units and authorizing their removal under
   18         certain circumstances; specifying applicability of
   19         permit allocation systems in certain areas of critical
   20         state concern; authorizing the continued use of
   21         housing sites constructed before the effective date of
   22         the act if certain conditions are met; providing an
   23         effective date.
   24          
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Present paragraphs (a) through (d) of subsection
   28  (2) of section 163.3162, Florida Statutes, are redesignated as
   29  paragraphs (b) through (e), respectively, new paragraphs (a) and
   30  (f) are added to that subsection, and subsection (5) is added to
   31  that section, to read:
   32         163.3162 Agricultural Lands and Practices.—
   33         (2) DEFINITIONS.—As used in this section, the term:
   34         (a) “Agricultural worker” means a person who is seasonally
   35  or annually employed in bona fide agricultural production; is
   36  lawfully present in the United States; is authorized to work at
   37  the time of employment and remains so throughout the duration of
   38  that employment; and has been verified through the process
   39  provided in s. 448.095. The term includes a migrant farmworker
   40  as defined in s. 381.008 and a worker with an H-2A 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 any
   48  legislation to inhibit the construction or installation of
   49  housing for agricultural workers on land classified as
   50  agricultural land pursuant to s. 193.461 which is operated as a
   51  bona fide farm except as provided in this subsection.
   52         1.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         a.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 the written notice.
   64         b.The housing site must be maintained in a neat, orderly,
   65  and safe manner.
   66         c.All structures containing dwelling units must be located
   67  a minimum of 10 feet apart.
   68         d.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         e.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  common ownership with the housing site.
   76         f.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 between 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         (I) Evergreen plants that, at the time of planting, are at
   84  least 6 feet in height and provide an overall screening opacity
   85  of 75 percent;
   86         (II) A masonry wall at least 6 feet in height and finished
   87  on all sides with brick, stone, or painted or pigmented stucco;
   88         (III) A solid wood or PVC fence at least 6 feet in height
   89  with the finished side of the fence facing out;
   90         (IV) 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         (V) A berm made with a combination of the materials listed
   94  in sub-sub-subparagraphs (I)-(IV), which is at least 6 feet in
   95  height and provides an overall screening capacity of 75 percent
   96  at the time of installation.
   97         g. 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         (b) Any local ordinance adopted pursuant to this subsection
  101  must comply with all state and federal regulations for migrant
  102  farmworker housing, as applicable, including rules adopted by
  103  the Department of Health pursuant to ss. 381.008–381.00897 and
  104  federal regulations under the Migrant and Seasonal Agricultural
  105  Worker Protection Act or the H-2A visa program. A governmental
  106  entity may adopt local government land use regulations that are
  107  less restrictive than the regulations established by the
  108  Department of Health pursuant to ss. 381.008–381.00897 and
  109  federal regulations under the Migrant and Seasonal Agricultural
  110  Worker Protection Act or the H-2A visa program for the
  111  construction or installation of housing for temporary migrant
  112  farmworkers.
  113         (c) 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 owner 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         (d) A housing site may not continue to be used and may be
  121  required to be removed under the following circumstances:
  122         1. If, for any reason, a housing site is not being used for
  123  agricultural workers for longer than 365 days, any structures,
  124  used as living quarters must be removed from the housing site
  125  within 180 days after receipt of written notification from the
  126  county unless the property owner can demonstrate that use of the
  127  site for housing agricultural workers will occur within 90 days
  128  after the written notification.
  129         2. If the property on which the housing site is located
  130  ceases to be classified as agricultural land, housing authorized
  131  under this section ceases to be eligible for residential uses
  132  unless and until it is approved under the zoning and land use
  133  regulations of the governmental entity.
  134         3. If the permit authorized by the Department of Health for
  135  the housing site is revoked, any structures must be removed from
  136  the housing site within 180 days after receipt of written
  137  notification from the county unless the permit is reinstated by
  138  the Department of Health.
  139         (e) Notwithstanding this subsection, the construction or
  140  installation of housing for seasonal agricultural employees in
  141  the Florida Keys Area of Critical State Concern and the City of
  142  Key West Area of Critical State Concern is subject to the permit
  143  allocation systems of the Florida Keys Area of Critical State
  144  Concern and City of Key West Area of Critical State Concern,
  145  respectively.
  146         (f) A housing site that was constructed and in use before
  147  July 1, 2024, may continue to be used, and the property owner
  148  may not be required by a governmental entity to make changes to
  149  meet the requirements of this subsection, unless the housing
  150  site will be enlarged, remodeled, renovated, or rehabilitated.
  151  The property owner of a housing site that is permitted under
  152  this paragraph must provide regular maintenance and repair,
  153  including compliance with health and safety regulations and
  154  maintenance standards, for such housing site to ensure the
  155  health, safety, and habitability of the housing site.
  156         Section 2. This act shall take effect July 1, 2024.