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.