Florida Senate - 2023 SENATOR AMENDMENT Bill No. CS/CS/CS/HB 1343, 1st Eng. Ì312976KÎ312976 LEGISLATIVE ACTION Senate . House . . . Floor: WD . 05/03/2023 02:45 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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discontinued on the 32 property for a minimum of 3 years and the agricultural land 33 classification of the property is no longer valid, housing 34 authorized under this subsection is no longer eligible for the 35 residential uses provided in this subsection unless and until 36 approved by the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.