H 691

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1A bill to be entitled
2An act relating to agricultural enclaves; amending s.
3163.3162, F.S.; authorizing owners of certain parcels
4to apply to the governing body of the local government
5for certification of such parcels as agricultural
6enclaves; requiring the local government to provide to
7the applicant a certain report within a specified
8timeframe; requiring the local government to hold a
9public hearing to approve or deny such certification
10within a specified timeframe; requiring the
11certification of a parcel as an agricultural enclave
12under certain circumstances; requiring the governing
13body to issue certain decisions in writing;
14authorizing an applicant to seek judicial review under
15certain circumstances; authorizing the owner of a
16parcel certified as an agricultural enclave to submit
17certain development plans; requiring certain
18developments to be treated as a conforming use;
19prohibiting a local government from enacting or
20enforcing certain laws or regulations; requiring a
21local government to treat certain agricultural
22enclaves as if they are within urban service
23districts; requiring the local government and the
24owner of a parcel certified as an agricultural enclave
25to enter a certain written agreement within a
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26specified timeframe; authorizing the development of
27certain certified agricultural enclaves for
28commercial, industrial, or single-family residential
29purposes under certain circumstances; removing
30provisions relating to certain amendments to a local
31government's comprehensive plan; revising
32construction; amending s. 163.3164, F.S.; revising the
33definition of the term "agricultural enclave";
34providing for the future expiration and reversion of
35specified provisions; providing an effective date.
36
37    Be It Enacted by the Legislature of the State of Florida:
38
39Section 1.  Subsection (4) of section 163.3162, Florida
40    Statutes, is amended to read:
41163.3162  Agricultural lands and practices.—
42(4)     PUBLIC HEARING PROCESS.—
43(a)     Notwithstanding any other law or local ordinance,
44    resolution, or regulation, the owner of a parcel of land may
45    apply to the governing body of the local government for
46    certification of the parcel as an agricultural enclave as
47    defined in s. 163.3164 if one or more adjacent parcels or an
48    adjacent development permits the same density as, or higher
49    density than, the proposed development.
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50(b)     Within 30 days after the local government receives an
51    application, the local government shall provide to the applicant
52    a written report detailing whether the application complies with
53    the requirements of paragraph (a).
54(c)     Within 30 days after the local government provides the
55    report required under paragraph (b), the local government shall
56    hold a public hearing to approve or deny certification of the
57    parcel as an agricultural enclave. If the local government does
58    not approve or deny certification of the parcel as an
59    agricultural enclave within 90 days after receipt of the
60    application, the parcel must be certified as an agricultural
61    enclave.
62(d)     If an application is denied, the governing body of the
63    local government must issue its decision in writing with
64    detailed findings of fact and conclusions of law. The applicant
65    may seek review of the denial by filing a petition for writ of
66    certiorari in the circuit court within 30 days after the date
67    the local government renders its decision.
68(e)     If an application is approved, the owner of the parcel
69    certified as an agricultural enclave may submit to the local
70    government development plans for single-family residential
71    housing which are consistent with the land use requirements, or
72    future land use designations, including uses, density, and
73    intensity, of one or more adjacent parcels or an adjacent
74    development. A development for which plans are submitted under
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75    this paragraph must be treated as a conforming use,
76    notwithstanding the local government's comprehensive plan,
77    future land use designation, or zoning.
78(f)     A local government may not enact or enforce a law or
79    regulation for an agricultural enclave which is more burdensome
80    than for other types of applications for comparable uses or
81    densities. A local government shall treat an agricultural
82    enclave that is adjacent to an urban service district as if such
83    enclave is within the urban service district.
84(g)     Within 30 business days after the local government's
85    receipt of development plans under paragraph (e), the local
86    government and the owner of the parcel certified as an
87    agricultural enclave must agree in writing to a process and
88    schedule for information submittal, analysis, and final
89    approval, which may be administrative in nature, of the
90    development plans. The local government may not require the
91    owner to agree to a process that is longer than 180 days in
92    duration or that includes further review of the plans in a
93    quasi-judicial process or public hearing.
94(h)     Notwithstanding paragraph (e), a certified
95    agricultural enclave as defined in s. 163.3164(4)(c)1.c. which
96    is adjacent to an interstate highway may be developed for
97    commercial, industrial, or single-family residential purposes if
98    one or more adjacent parcels or an adjacent development permits
99    the same density or intensity as the proposed development.
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100    AMENDMENT TO LOCAL GOVERNMENT COMPREHENSIVE PLAN.—The owner of a
101    parcel of land defined as an agricultural enclave under s.
102    163.3164 may apply for an amendment to the local government
103    comprehensive plan pursuant to s. 163.3184. Such amendment is
104    presumed not to be urban sprawl as defined in s. 163.3164 if it
105    includes land uses and intensities of use that are consistent
106    with the uses and intensities of use of the industrial,
107    commercial, or residential areas that surround the parcel. This
108    presumption may be rebutted by clear and convincing evidence.
109    Each application for a comprehensive plan amendment under this
110    subsection for a parcel larger than 640 acres must include
111    appropriate new urbanism concepts such as clustering, mixed-use
112    development, the creation of rural village and city centers, and
113    the transfer of development rights in order to discourage urban
114    sprawl while protecting landowner rights.
115(a)     The local government and the owner of a parcel of land
116    that is the subject of an application for an amendment shall
117    have 180 days following the date that the local government
118    receives a complete application to negotiate in good faith to
119    reach consensus on the land uses and intensities of use that are
120    consistent with the uses and intensities of use of the
121    industrial, commercial, or residential areas that surround the
122    parcel. Within 30 days after the local government's receipt of
123    such an application, the local government and owner must agree
124    in writing to a schedule for information submittal, public
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125    hearings, negotiations, and final action on the amendment, which
126    schedule may thereafter be altered only with the written consent
127    of the local government and the owner. Compliance with the
128    schedule in the written agreement constitutes good faith
129    negotiations for purposes of paragraph (c).
130(b)     Upon conclusion of good faith negotiations under
131    paragraph (a), regardless of whether the local government and
132    owner reach consensus on the land uses and intensities of use
133    that are consistent with the uses and intensities of use of the
134    industrial, commercial, or residential areas that surround the
135    parcel, the amendment must be transmitted to the state land
136    planning agency for review pursuant to s. 163.3184. If the local
137    government fails to transmit the amendment within 180 days after
138    receipt of a complete application, the amendment must be
139    immediately transferred to the state land planning agency for
140    such review. A plan amendment transmitted to the state land
141    planning agency submitted under this subsection is presumed not
142    to be urban sprawl as defined in s. 163.3164. This presumption
143    may be rebutted by clear and convincing evidence.
144(c)     If the owner fails to negotiate in good faith, a plan
145    amendment submitted under this subsection is not entitled to the
146    rebuttable presumption under this subsection in the negotiation
147    and amendment process.
148(i)(d)       Nothing within this subsection relating to
149    agricultural enclaves shall preempt or replace any protection
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150    currently existing for any property located within the
151    boundaries of any of the following areas:
1521.      The Wekiva Study Area, as described in s. 369.316.; or
1532.      The Everglades Protection Area, as defined in s.
154    373.4592(2).
1553.      Any area of critical state concern, as designated in s.
156    s. 380.055, s. 380.0551, s. 380.0552, s. 380.0553, or s.
157    380.0555.
1584.      Any portion of a property encumbered by a recorded
159    conservation easement as defined in s. 704.06(1).
1605.      A military installation or range identified in s.
161    163.3175(2).
162Section 2.  Subsection (4) of section 163.3164, Florida
163    Statutes, is amended to read:
164163.3164  Community Planning Act; definitions.—As used in
165    this act:
166(4)      "Agricultural enclave" means an unincorporated,
167undeveloped parcel or parcels that, as of January 1, 2025:
168(a)     Are Is owned or controlled by a single person or
169    entity.;
170(b)     Have Has been in continuous use for bona fide
171    agricultural purposes, as defined by s. 193.461, for a period of
172    5 years before prior to the date of any comprehensive plan
173    amendment or development application.;
174(c)1.       Are Is surrounded on at least 75 percent of their
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175    its perimeter by:
176a.1.        A parcel or parcels Property that have has existing
177    industrial, commercial, or residential development; or
178b.2.        A parcel or parcels Property that the local
179    government has designated, in the local government's
180    comprehensive plan, zoning map, and future land use map, as land
181    that is to be developed for industrial, commercial, or
182    residential purposes, and at least 75 50 percent of such parcel
183    or parcels property is existing industrial, commercial, or
184    residential development; or
185c.      A combination of an interstate highway and a parcel or
186    parcels that are within an urban service district, area, or line
187    and that the local government has designated in the local
188    government's future land use map as land that is to be developed
189    for industrial, commercial, or residential purposes;
1902.      Do not exceed 700 acres and are surrounded on at least
191    50 percent of their perimeter by a parcel or parcels that the
192    local government has designated on the local government's future
193    land use map as land that is to be developed for industrial,
194    commercial, or residential purposes; and the parcel or parcels
195    are surrounded on at least 50 percent of their perimeter by a
196    parcel or parcels within an urban service district, area, or
197    line; or
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1983.      Are located within the boundary of an established rural
199    study area adopted in the local government's comprehensive plan
200    which was intended to be developed with residential uses.
201(d)     Have Has public services, including water, wastewater,
202    transportation, schools, and recreation facilities, available or
203    such public services are scheduled in the capital improvement
204    element to be provided by the local government or can be
205    provided by an alternative provider of local government
206    infrastructure in order to ensure consistency with applicable
207    concurrency provisions of s. 163.3180, or the applicant offers
208    to enter into a binding agreement to pay for, construct, or
209    contribute land for its proportionate share of such
210    improvements.; and
211(e)     Do Does not exceed 1,280 acres; however, if the parcel
212    or parcels are property is surrounded on at least 75 percent of
213    the boundary by existing or authorized residential development
214    that will result in a density at buildout of at least 1,000
215    residents per square mile, then the area must shall be
216    determined to be urban and the parcel or parcels may not exceed
217    4,480 acres.
218(f)      Are located within a county with a population of 1.75
219    million or less. For purposes of this subsection, population is
220    determined in accordance with the most recent official estimate
221    pursuant to s. 186.901.
222
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223    Where a right-of-way, body of water, or canal exists along the
224    perimeter of a parcel, the perimeter calculations of the
225    agricultural enclave must be based on the adjacent parcel or
226    parcels across the right-of-way, body of water, or canal.
227Section 3.  The amendments made by this act to ss.
228    163.3162(4) and 163.3164(4), Florida Statutes, shall expire
229    January 1, 2028, and the text of those subsections shall revert
230    to that in existence on June 30, 2026, except that any amendment
231    to such text enacted other than by this act shall be preserved
232    and continue to operate to the extent that such amendment is not
233    dependent upon the portions of text which expire pursuant to
234    this section.
235Section 4.  This act shall take effect July 1, 2026.
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