Florida Senate - 2026 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 686
Ì118996eÎ118996
LEGISLATIVE ACTION
Senate . House
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The Committee on Rules (McClain) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (4) of section 163.3162, Florida
6 Statutes, is amended to read:
7 163.3162 Agricultural lands and practices.—
8 (4) PUBLIC HEARING PROCESS.—
9 (a) Notwithstanding any other law or local ordinance,
10 resolution, or regulation, the owner of a parcel or parcels of
11 land, or such owner’s authorized agent or controlling entity,
12 may apply to the governing body of the local government for
13 certification of the parcel or parcels as an agricultural
14 enclave as defined in s. 163.3164 if one or more adjacent
15 parcels or an adjacent development permits the same density as,
16 or higher density than, the proposed development. An applicant
17 seeking such certification may not use the perimeter of another
18 parcel certified by the local government as an agricultural
19 enclave to meet the definition of the term “agricultural
20 enclave.”
21 (b) Within 30 days after the local government’s receipt of
22 such an application, the local government shall provide to the
23 applicant a written report detailing whether the application
24 complies with the requirements of paragraph (a).
25 (c) Within 30 days after the local government provides the
26 report required under paragraph (b), the local government shall
27 hold a public hearing to approve or deny certification of the
28 parcel or parcels as an agricultural enclave. If the local
29 government does not approve or deny certification of the parcel
30 or parcels as an agricultural enclave within 90 days after
31 receipt of the application, the parcel or parcels must be
32 certified as an agricultural enclave.
33 (d) If the application is denied, the governing body of the
34 local government must issue its decision in writing with
35 detailed findings of fact and conclusions of law. The applicant
36 may seek review of the denial by filing a petition for writ of
37 certiorari in the circuit court within 30 days after the date
38 the local government renders its decision.
39 (e) If the application is approved, the owner of the parcel
40 or parcels certified as an agricultural enclave, or the owner’s
41 authorized agent or controlling entity, may submit development
42 plans for single-family residential housing which are consistent
43 with the land use requirements, or future land use designations,
44 including uses, density, and intensity, of one or more adjacent
45 parcels or an adjacent development. A development for which
46 plans are submitted under this paragraph must be treated as a
47 conforming use, notwithstanding the local government’s
48 comprehensive plan, future land use designation, or zoning. If
49 development within an agricultural enclave affects an
50 established wildlife corridor, the local government is
51 encouraged to incorporate site design measures that maintain
52 habitat permeability, including clustering, open space
53 retention, and wildlife crossing accommodations, where feasible.
54 (f) A local government may not enact or enforce a law or
55 regulation for an agricultural enclave which is more burdensome
56 than for other types of applications for comparable uses or
57 densities. A local government shall treat an agricultural
58 enclave that is adjacent to an urban service district as if such
59 enclave is within the urban service district.
60 (g) Within 30 business days after the local government’s
61 receipt of development plans under paragraph (e), the local
62 government and the owner of the parcel or parcels certified as
63 an agricultural enclave must agree in writing to a process and
64 schedule for information submittal, analysis, and final
65 approval, which may be administrative in nature, of the
66 development plans. The local government may not require the
67 owner to agree to a process that is longer than 180 days in
68 duration or that includes further review of the plans in a
69 quasi-judicial process or public hearing.
70 (h) Notwithstanding paragraph (e), a parcel or parcels
71 certified as an agricultural enclave as defined in s.
72 163.3164(4)(c)1.c. which are adjacent to an interstate highway
73 may be developed for commercial, industrial, or single-family
74 residential purposes if one or more adjacent parcels or an
75 adjacent development permits the same density or intensity as
76 the proposed development AMENDMENT TO LOCAL GOVERNMENT
77 COMPREHENSIVE PLAN.—The owner of a parcel of land defined as an
78 agricultural enclave under s. 163.3164 may apply for an
79 amendment to the local government comprehensive plan pursuant to
80 s. 163.3184. Such amendment is presumed not to be urban sprawl
81 as defined in s. 163.3164 if it includes land uses and
82 intensities of use that are consistent with the uses and
83 intensities of use of the industrial, commercial, or residential
84 areas that surround the parcel. This presumption may be rebutted
85 by clear and convincing evidence. Each application for a
86 comprehensive plan amendment under this subsection for a parcel
87 larger than 640 acres must include appropriate new urbanism
88 concepts such as clustering, mixed-use development, the creation
89 of rural village and city centers, and the transfer of
90 development rights in order to discourage urban sprawl while
91 protecting landowner rights.
92 (a) The local government and the owner of a parcel of land
93 that is the subject of an application for an amendment shall
94 have 180 days following the date that the local government
95 receives a complete application to negotiate in good faith to
96 reach consensus on the land uses and intensities of use that are
97 consistent with the uses and intensities of use of the
98 industrial, commercial, or residential areas that surround the
99 parcel. Within 30 days after the local government’s receipt of
100 such an application, the local government and owner must agree
101 in writing to a schedule for information submittal, public
102 hearings, negotiations, and final action on the amendment, which
103 schedule may thereafter be altered only with the written consent
104 of the local government and the owner. Compliance with the
105 schedule in the written agreement constitutes good faith
106 negotiations for purposes of paragraph (c).
107 (b) Upon conclusion of good faith negotiations under
108 paragraph (a), regardless of whether the local government and
109 owner reach consensus on the land uses and intensities of use
110 that are consistent with the uses and intensities of use of the
111 industrial, commercial, or residential areas that surround the
112 parcel, the amendment must be transmitted to the state land
113 planning agency for review pursuant to s. 163.3184. If the local
114 government fails to transmit the amendment within 180 days after
115 receipt of a complete application, the amendment must be
116 immediately transferred to the state land planning agency for
117 such review. A plan amendment transmitted to the state land
118 planning agency submitted under this subsection is presumed not
119 to be urban sprawl as defined in s. 163.3164. This presumption
120 may be rebutted by clear and convincing evidence.
121 (c) If the owner fails to negotiate in good faith, a plan
122 amendment submitted under this subsection is not entitled to the
123 rebuttable presumption under this subsection in the negotiation
124 and amendment process.
125 (i)(d) Nothing within this subsection relating to
126 agricultural enclaves shall preempt or replace any protection
127 currently existing for any property located within the
128 boundaries of any of the following areas:
129 1. The Wekiva Study Area, as described in s. 369.316.; or
130 2. The Everglades Protection Area, as defined in s.
131 373.4592(2).
132 3. Any area of critical state concern, as designated in s.
133 380.055, s. 380.0551, s. 380.0552, s. 380.0553, or s. 380.0555.
134 4. Any portion of a property encumbered by a recorded
135 conservation easement as defined in s. 704.06.
136 5. A military installation or range identified in s.
137 163.3175(2).
138 Section 2. Subsection (4) of section 163.3164, Florida
139 Statutes, is amended to read:
140 163.3164 Community Planning Act; definitions.—As used in
141 this act:
142 (4) “Agricultural enclave” means an unincorporated,
143 undeveloped parcel or parcels that, as of January 1, 2025:
144 (a) Are Is owned or controlled by a single person or
145 entity;
146 (b) Have Has been in continuous use for bona fide
147 agricultural purposes, as defined by s. 193.461, for a period of
148 5 years before prior to the date of any comprehensive plan
149 amendment or development application;
150 (c)1. Are Is surrounded on at least 75 percent of their its
151 perimeter by:
152 a.1. A parcel or parcels Property that have has existing
153 industrial, commercial, or residential development; or
154 b.2. A parcel or parcels Property that the local government
155 has designated, in the local government’s comprehensive plan,
156 zoning map, and future land use map, as land that is to be
157 developed for industrial, commercial, or residential purposes,
158 and at least 50 75 percent of such parcel or parcels property is
159 existing industrial, commercial, or residential development; or
160 c. A combination of an interstate highway and a parcel or
161 parcels that are within an urban service district, area, or line
162 and that the local government has designated in the local
163 government’s future land use map as land that is to be developed
164 for industrial, commercial, or residential purposes;
165 2. Do not exceed 700 acres and are surrounded on at least
166 50 percent of their perimeter by a parcel or parcels that the
167 local government has designated on the local government’s future
168 land use map as land that is to be developed for industrial,
169 commercial, or residential purposes; and the parcel or parcels
170 are surrounded on at least 50 percent of their perimeter by a
171 parcel or parcels within an urban service district, area, or
172 line; or
173 3. Are located within the boundary of an established rural
174 study area adopted in the local government’s comprehensive plan
175 which was intended to be developed with residential uses;
176 (d) Have Has public services, including water, wastewater,
177 transportation, schools, and recreation facilities, available or
178 such public services are scheduled in the capital improvement
179 element to be provided by the local government or can be
180 provided by an alternative provider of local government
181 infrastructure in order to ensure consistency with applicable
182 concurrency provisions of s. 163.3180, or the applicant offers
183 to enter into a binding agreement to pay for, construct, or
184 contribute land for its proportionate share of such
185 improvements; and
186 (e) Do Does not exceed 1,280 acres; however, if the parcel
187 or parcels are property is surrounded on at least 75 percent of
188 their perimeter by existing or authorized residential
189 development that will result in a density at buildout of at
190 least 1,000 residents per square mile, then the area must shall
191 be determined to be urban and the parcel or parcels may not
192 exceed 4,480 acres; and
193 (f) Are located within a county with a population of 1.75
194 million or less. For purposes of this subsection, population is
195 determined in accordance with the most recent official estimate
196 pursuant to s. 186.901.
197
198 Where a right-of-way, body of water, or canal exists along the
199 perimeter of a parcel, the perimeter calculations of the
200 agricultural enclave must be based on the adjacent parcel or
201 parcels across the right-of-way, body of water, or canal.
202 Section 3. The amendments made by this act to ss.
203 163.3162(4) and 163.3164(4), Florida Statutes, shall expire
204 January 1, 2028, and the text of those subsections shall revert
205 to that in existence on June 30, 2026, except that any amendment
206 to such text enacted other than by this act shall be preserved
207 and continue to operate to the extent that such amendment is not
208 dependent upon the portions of text which expire pursuant to
209 this section.
210 Section 4. This act shall take effect July 1, 2026.
211
212 ================= T I T L E A M E N D M E N T ================
213 And the title is amended as follows:
214 Delete everything before the enacting clause
215 and insert:
216 A bill to be entitled
217 An act relating to agricultural enclaves; amending s.
218 163.3162, F.S.; authorizing certain persons to apply
219 to the governing body of the local government for
220 certification of certain parcels as agricultural
221 enclaves; prohibiting an applicant from using the
222 perimeter of certain parcels for a specified purpose;
223 requiring the local government to provide to the
224 applicant a certain report within a specified
225 timeframe; requiring the local government to hold a
226 public hearing within a specified timeframe to approve
227 or deny such certification; requiring the
228 certification of a parcel or parcels as an
229 agricultural enclave under certain circumstances;
230 requiring the governing body to issue certain
231 decisions in writing; authorizing an applicant to seek
232 judicial review under certain circumstances;
233 authorizing certain persons to submit certain
234 development plans; requiring that certain developments
235 be treated as a conforming use; encouraging a local
236 government to incorporate certain site design measures
237 where feasible for certain development; prohibiting a
238 local government from enacting or enforcing certain
239 laws or regulations; requiring a local government to
240 treat certain agricultural enclaves as if they are
241 within urban service districts; requiring the local
242 government and the owner of a parcel or parcels
243 certified as an agricultural enclave to enter a
244 certain written agreement; authorizing the development
245 of certain parcels for commercial, industrial, or
246 single-family residential purposes under certain
247 circumstances; deleting provisions relating to certain
248 amendments to a local government’s comprehensive plan;
249 revising construction; amending s. 163.3164, F.S.;
250 revising the definition of the term “agricultural
251 enclave”; providing for the future expiration and
252 reversion of specified provisions; providing an
253 effective date.