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.