Florida Senate - 2024                             CS for SB 1082
       
       
        
       By the Committee on Rules; and Senator Collins
       
       
       
       
       
       595-03598-24                                          20241082c1
    1                        A bill to be entitled                      
    2         An act relating to housing for legally verified
    3         agricultural workers; amending s. 163.3162, F.S.;
    4         defining the terms “legally verified agricultural
    5         worker” and “housing site”; prohibiting a governmental
    6         entity from adopting or enforcing any legislation to
    7         inhibit the construction of housing for legally
    8         verified agricultural workers on agricultural land
    9         operated as a bona fide farm; requiring that the
   10         construction or installation of such housing units on
   11         agricultural lands satisfy certain criteria; requiring
   12         that local ordinances comply with certain regulations;
   13         authorizing governmental entities to adopt local land
   14         use regulations that are less restrictive; requiring
   15         property owners to maintain certain records for a
   16         specified timeframe; requiring the suspension of use
   17         of certain housing units and authorizing their removal
   18         under certain circumstances; specifying applicability
   19         of permit allocation systems in certain areas of
   20         critical state concern; authorizing the continued use
   21         of housing sites constructed before the effective date
   22         of 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 paragraph (a) and
   30  paragraph (f) are added to that subsection, and subsection (5)
   31  is added to that section, to read:
   32         163.3162 Agricultural Lands and Practices.—
   33         (2) DEFINITIONS.—As used in this section, the term:
   34         (a) “Legally verified agricultural worker” means a person
   35  who:
   36         1. Is lawfully present in the United States;
   37         2. Has been verified through the process provided in s.
   38  448.095 and is authorized to work at the time of employment;
   39         3. Is seasonally or annually employed in bona fide
   40  agricultural production; and
   41         4. Remains lawfully present and authorized to work
   42  throughout the duration of that employment.
   43         (f)“Housing site” means the totality of development
   44  supporting authorized housing, including buildings, mobile
   45  homes, barracks, dormitories used as living quarters, parking
   46  areas, common areas such as athletic fields or playgrounds,
   47  storage structures, and other related structures.
   48         (5) HOUSING FOR LEGALLY VERIFIED AGRICULTURAL WORKERS.
   49         (a)A governmental entity may not adopt or enforce any
   50  legislation to inhibit the construction or installation of
   51  housing for legally verified agricultural workers on land
   52  classified as agricultural land pursuant to s. 193.461 which is
   53  operated as a bona fide farm except as provided in this
   54  subsection.
   55         (b)Construction or installation of housing units for
   56  legally verified agricultural workers on parcels of land
   57  classified as agricultural land under s. 193.461 must satisfy
   58  all of the following criteria:
   59         1.The dwelling units must meet federal, state, and local
   60  building standards, including standards of the Department of
   61  Health adopted pursuant to ss. 381.008-381.00897 and federal
   62  standards for H-2A visa housing. If written notice of intent is
   63  required to be submitted to the Department of Health pursuant to
   64  s. 381.0083, the appropriate governmental entity with
   65  jurisdiction over the agricultural lands may also require
   66  submittal of a copy of the written notice.
   67         2.The housing site must be maintained in a neat, orderly,
   68  and safe manner.
   69         3.All structures containing dwelling units must be located
   70  a minimum of 10 feet apart.
   71         4.The square footage of the housing site’s climate
   72  controlled facilities may not exceed 1.5 percent of the
   73  property’s area or 35,000 square feet, whichever is less.
   74         5.A housing site must provide front, side, and rear yard
   75  setbacks of at least 50 feet. However, an internal project
   76  driveway may be located in the required yard space if the yard
   77  is adjacent to a public roadway or to property that is under
   78  common ownership with the housing site.
   79         6.A housing site may not be located less than 250 feet
   80  from a property line adjacent to property zoned for residential
   81  use. If the housing site is located less than 500 feet from any
   82  property line, screening must be provided between the housing
   83  site and any residentially developed adjacent parcels that are
   84  under different ownership. The screening may be designed in any
   85  of the following ways:
   86         a. Evergreen plants that, at the time of planting, are at
   87  least 6 feet in height and provide an overall screening opacity
   88  of 75 percent;
   89         b. A masonry wall at least 6 feet in height and finished on
   90  all sides with brick, stone, or painted or pigmented stucco;
   91         c. A solid wood or PVC fence at least 6 feet in height with
   92  the finished side of the fence facing out;
   93         d. A row of evergreen shade trees that, at the time of
   94  planting, are at least 10 feet in height, a minimum of 2-inch
   95  caliper, and spaced no more than 20 feet apart; or
   96         e. A berm made with a combination of the materials listed
   97  in sub-subparagraphs a.-d., which is at least 6 feet in height
   98  and provides an overall screening capacity of 75 percent at the
   99  time of installation.
  100         7. All access drives that serve the housing site must be
  101  made of packed shell, gravel, or a similar material that will
  102  provide a relatively dust-free surface.
  103         (c) Any local ordinance adopted pursuant to this subsection
  104  must comply with all state and federal regulations for migrant
  105  farmworker housing, as applicable, including rules adopted by
  106  the Department of Health pursuant to ss. 381.008–381.00897 and
  107  federal regulations under the Migrant and Seasonal Agricultural
  108  Worker Protection Act or the H-2A visa program. A governmental
  109  entity may adopt local government land use regulations that are
  110  less restrictive than the this subsection, but which still meet
  111  regulations established by the Department of Health pursuant to
  112  ss. 381.008–381.00897 and federal regulations under the Migrant
  113  and Seasonal Agricultural Worker Protection Act or the H-2A visa
  114  program.
  115         (d) Beginning July 1, 2024, a property owner must maintain
  116  records of all approved permits, including successor permits,
  117  for migrant labor camps or residential migrant housing as
  118  required under s. 381.0081. A property owner must maintain such
  119  records for at least 3 years and make the records available for
  120  inspection within 14 days after receipt of a request for records
  121  by a governmental entity.
  122         (e) A housing site may not continue to be used and may be
  123  required to be removed under the following circumstances:
  124         1. If, for any reason, a housing site is not being used for
  125  legally verified agricultural workers for longer than 365 days,
  126  any structures used as living quarters must be removed from the
  127  housing site within 180 days after receipt of written
  128  notification from the county unless the property owner can
  129  demonstrate that use of the site for housing legally verified
  130  agricultural workers will occur within 90 days after the written
  131  notification.
  132         2. If the property on which the housing site is located
  133  ceases to be classified as agricultural land, housing authorized
  134  under this section ceases to be eligible for residential uses
  135  unless and until it is approved under the zoning and land use
  136  regulations of the governmental entity.
  137         3. If the permit authorized by the Department of Health for
  138  the housing site is revoked, any structures must be removed from
  139  the housing site within 180 days after receipt of written
  140  notification from the county unless the permit is reinstated by
  141  the Department of Health.
  142         (f) Notwithstanding this subsection, the construction or
  143  installation of housing for legally verified agricultural
  144  workers in the Florida Keys Area of Critical State Concern and
  145  the City of Key West Area of Critical State Concern is subject
  146  to the permit allocation systems of the Florida Keys Area of
  147  Critical State Concern and City of Key West Area of Critical
  148  State Concern, respectively.
  149         (g) A housing site that was constructed and in use before
  150  July 1, 2024, may continue to be used, and the property owner
  151  may not be required by a governmental entity to make changes to
  152  meet the requirements of this subsection, unless the housing
  153  site will be enlarged, remodeled, renovated, or rehabilitated.
  154  The property owner of a housing site that is authorized under
  155  this paragraph must provide regular maintenance and repair,
  156  including compliance with health and safety regulations and
  157  maintenance standards, for such housing site to ensure the
  158  health, safety, and habitability of the housing site.
  159         Section 2. This act shall take effect July 1, 2024.