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.