Read the full stored bill text
CS/CS/HB 691 2026
CODING: Words stricken are deletions; words underlined are additions.
hb691-02-c2
Page 1 of 10
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to agricultural enclaves; amending s. 2
163.3162, F.S.; authorizing owners of certain parcels 3
to apply to the governing body of the local government 4
for certification of such parcels as agricultural 5
enclaves; requiring the local government to provide to 6
the applicant a certain report within a specified 7
timeframe; requiring the local government to hold a 8
public hearing to approve or deny such certification 9
within a specified timeframe; requiring the 10
certification of a parcel as an agricultural enclave 11
under certain circumstances; requiring the governing 12
body to issue certain decisions in writing; 13
authorizing an applicant to seek judicial review under 14
certain circumstances; authorizing the owner of a 15
parcel certified as an agricultural enclave to submit 16
certain development plans; requiring certain 17
developments to be treated as a conforming use; 18
prohibiting a local government from enacting or 19
enforcing certain laws or regulations; requiring a 20
local government to treat certain agricultural 21
enclaves as if they are within urban service 22
districts; requiring the local government and the 23
owner of a parcel certified as an agricultural enclave 24
to enter a certain written agreement within a 25
CS/CS/HB 691 2026
CODING: Words stricken are deletions; words underlined are additions.
hb691-02-c2
Page 2 of 10
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
specified timeframe; authorizing the development of 26
certain certified agricultural enclaves for 27
commercial, industrial, or single-family residential 28
purposes under certain circumstances; removing 29
provisions relating to certain amendments to a local 30
government's comprehensive plan; revising 31
construction; amending s. 163.3164, F.S.; revising the 32
definition of the term "agricultural enclave"; 33
providing for the future expiration and reversion of 34
specified provisions; providing an effective date. 35
36
Be It Enacted by the Legislature of the State of Florida: 37
38
Section 1. Subsection (4) of section 163.3162, Florida 39
Statutes, is amended to read: 40
163.3162 Agricultural lands and practices.— 41
(4) PUBLIC HEARING PROCESS.— 42
(a) Notwithstanding any other law or local ordinance, 43
resolution, or regulation, the owner of a parcel of land may 44
apply to the governing body of the local government for 45
certification of the parcel as an agricultural enclave as 46
defined in s. 163.3164 if one or more adjacent parcels or an 47
adjacent development permits the same density as, or higher 48
density than, the proposed development. 49
CS/CS/HB 691 2026
CODING: Words stricken are deletions; words underlined are additions.
hb691-02-c2
Page 3 of 10
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(b) Within 30 days after the local government receives an 50
application, the local government shall provide to the applicant 51
a written report detailing whether the application complies with 52
the requirements of paragraph (a). 53
(c) Within 30 days after the local government provides the 54
report required under paragraph (b), the local government shall 55
hold a public hearing to approve or deny certification of the 56
parcel as an agricultural enclave. If the local government does 57
not approve or deny certification of the parcel as an 58
agricultural enclave within 90 days after receipt of the 59
application, the parcel must be certified as an agricultural 60
enclave. 61
(d) If an application is denied, the governing body of the 62
local government must issue its decision in writing with 63
detailed findings of fact and conclusions of law. The applicant 64
may seek review of the denial by filing a petition for writ of 65
certiorari in the circuit court within 30 days after the date 66
the local government renders its decision. 67
(e) If an application is approved, the owner of the parcel 68
certified as an agricultural enclave may submit to the local 69
government development plans for single-family residential 70
housing which are consistent with the land use requirements, or 71
future land use designations, including uses, density, and 72
intensity, of one or more adjacent parcels or an adjacent 73
development. A development for which plans are submitted under 74
CS/CS/HB 691 2026
CODING: Words stricken are deletions; words underlined are additions.
hb691-02-c2
Page 4 of 10
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
this paragraph must be treated as a conforming use, 75
notwithstanding the local government's comprehensive plan, 76
future land use designation, or zoning. 77
(f) A local government may not enact or enforce a law or 78
regulation for an agricultural enclave which is more burdensome 79
than for other types of applications for comparable uses or 80
densities. A local government shall treat an agricultural 81
enclave that is adjacent to an urban service district as if such 82
enclave is within the urban service district. 83
(g) Within 30 business days after the local government's 84
receipt of development plans under paragraph (e), the local 85
government and the owner of the parcel certified as an 86
agricultural enclave must agree in writing to a process and 87
schedule for information submittal, analysis, and final 88
approval, which may be administrative in nature, of the 89
development plans. The local government may not require the 90
owner to agree to a process that is longer than 180 days in 91
duration or that includes further review of the plans in a 92
quasi-judicial process or public hearing. 93
(h) Notwithstanding paragraph (e), a certified 94
agricultural enclave as defined in s. 163.3164(4)(c)1.c. which 95
is adjacent to an interstate highway may be developed for 96
commercial, industrial, or single-family residential purposes if 97
one or more adjacent parcels or an adjacent development permits 98
the same density or intensity as the proposed development. 99
CS/CS/HB 691 2026
CODING: Words stricken are deletions; words underlined are additions.
hb691-02-c2
Page 5 of 10
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
AMENDMENT TO LOCAL GOVERNMENT COMPREHENSIVE PLAN.—The owner of a 100
parcel of land defined as an agricultural enclave under s. 101
163.3164 may apply for an amendment to the local government 102
comprehensive plan pursuant to s. 163.3184. Such amendment is 103
presumed not to be urban sprawl as defined in s. 163.3164 if it 104
includes land uses and intensities of use that are consistent 105
with the uses and intensities of use of the industrial, 106
commercial, or residential areas that surround the parcel. This 107
presumption may be rebutted by clear and convincing evidence. 108
Each application for a comprehensive plan amendment under this 109
subsection for a parcel larger than 640 acres must include 110
appropriate new urbanism concepts such as clustering, mixed-use 111
development, the creation of rural village and city centers, and 112
the transfer of development rights in order to discourage urban 113
sprawl while protecting landowner rights. 114
(a) The local government and the owner of a parcel of land 115
that is the subject of an application for an amendment shall 116
have 180 days following the date that the local government 117
receives a complete application to negotiate in good faith to 118
reach consensus on the land uses and intensities of use that are 119
consistent with the uses and intensities of use of the 120
industrial, commercial, or residential areas that surround the 121
parcel. Within 30 days after the local government's receipt of 122
such an application, the local government and owner must agree 123
in writing to a schedule for information submittal, public 124
CS/CS/HB 691 2026
CODING: Words stricken are deletions; words underlined are additions.
hb691-02-c2
Page 6 of 10
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
hearings, negotiations, and final action on the amendment, which 125
schedule may thereafter be altered only with the written consent 126
of the local government and the owner. Compliance with the 127
schedule in the written agreement constitutes good faith 128
negotiations for purposes of paragraph (c). 129
(b) Upon conclusion of good faith negotiations under 130
paragraph (a), regardless of whether the local government and 131
owner reach consensus on the land uses and intensities of use 132
that are consistent with the uses and intensities of use of the 133
industrial, commercial, or residential areas that surround the 134
parcel, the amendment must be transmitted to the state land 135
planning agency for review pursuant to s. 163.3184. If the local 136
government fails to transmit the amendment within 180 days after 137
receipt of a complete application, the amendment must be 138
immediately transferred to the state land planning agency for 139
such review. A plan amendment transmitted to the state land 140
planning agency submitted under this subsection is presumed not 141
to be urban sprawl as defined in s. 163.3164. This presumption 142
may be rebutted by clear and convincing evidence. 143
(c) If the owner fails to negotiate in good faith, a plan 144
amendment submitted under this subsection is not entitled to the 145
rebuttable presumption under this subsection in the negotiation 146
and amendment process. 147
(i)(d) Nothing within this subsection relating to 148
agricultural enclaves shall preempt or replace any protection 149
CS/CS/HB 691 2026
CODING: Words stricken are deletions; words underlined are additions.
hb691-02-c2
Page 7 of 10
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
currently existing for any property located within the 150
boundaries of any of the following areas: 151
1. The Wekiva Study Area, as described in s. 369.316.; or 152
2. The Everglades Protection Area, as defined in s. 153
373.4592(2). 154
3. Any area of critical state concern, as designated in s. 155
s. 380.055, s. 380.0551, s. 380.0552, s. 380.0553, or s. 156
380.0555. 157
4. Any portion of a property encumbered by a recorded 158
conservation easement as defined in s. 704.06(1). 159
5. A military installation or range identified in s. 160
163.3175(2). 161
Section 2. Subsection (4) of section 163.3164, Florida 162
Statutes, is amended to read: 163
163.3164 Community Planning Act; definitions.—As used in 164
this act: 165
(4) "Agricultural enclave" means an unincorporated, 166
undeveloped parcel or parcels that, as of January 1, 2025: 167
(a) Are Is owned or controlled by a single person or 168
entity.; 169
(b) Have Has been in continuous use for bona fide 170
agricultural purposes, as defined by s. 193.461, for a period of 171
5 years before prior to the date of any comprehensive plan 172
amendment or development application.; 173
(c)1. Are Is surrounded on at least 75 percent of their 174
CS/CS/HB 691 2026
CODING: Words stricken are deletions; words underlined are additions.
hb691-02-c2
Page 8 of 10
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
its perimeter by: 175
a.1. A parcel or parcels Property that have has existing 176
industrial, commercial, or residential development; or 177
b.2. A parcel or parcels Property that the local 178
government has designated, in the local government's 179
comprehensive plan, zoning map, and future land use map, as land 180
that is to be developed for industrial, commercial, or 181
residential purposes, and at least 75 50 percent of such parcel 182
or parcels property is existing industrial, commercial, or 183
residential development; or 184
c. A combination of an interstate highway and a parcel or 185
parcels that are within an urban service district, area, or line 186
and that the local government has designated in the local 187
government's future land use map as land that is to be developed 188
for industrial, commercial, or residential purposes; 189
2. Do not exceed 700 acres and are surrounded on at least 190
50 percent of their perimeter by a parcel or parcels that the 191
local government has designated on the local government's future 192
land use map as land that is to be developed for industrial, 193
commercial, or residential purposes; and the parcel or parcels 194
are surrounded on at least 50 percent of their perimeter by a 195
parcel or parcels within an urban service district, area, or 196
line; or 197
CS/CS/HB 691 2026
CODING: Words stricken are deletions; words underlined are additions.
hb691-02-c2
Page 9 of 10
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
3. Are located within the boundary of an established rural 198
study area adopted in the local government's comprehensive plan 199
which was intended to be developed with residential uses. 200
(d) Have Has public services, including water, wastewater, 201
transportation, schools, and recreation facilities, available or 202
such public services are scheduled in the capital improvement 203
element to be provided by the local government or can be 204
provided by an alternative provider of local government 205
infrastructure in order to ensure consistency with applicable 206
concurrency provisions of s. 163.3180, or the applicant offers 207
to enter into a binding agreement to pay for, construct, or 208
contribute land for its proportionate share of such 209
improvements.; and 210
(e) Do Does not exceed 1,280 acres; however, if the parcel 211
or parcels are property is surrounded on at least 75 percent of 212
the boundary by existing or authorized residential development 213
that will result in a density at buildout of at least 1,000 214
residents per square mile, then the area must shall be 215
determined to be urban and the parcel or parcels may not exceed 216
4,480 acres. 217
(f) Are located within a county with a population of 1.75 218
million or less. For purposes of this subsection, population is 219
determined in accordance with the most recent official estimate 220
pursuant to s. 186.901. 221
222
CS/CS/HB 691 2026
CODING: Words stricken are deletions; words underlined are additions.
hb691-02-c2
Page 10 of 10
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Where a right-of-way, body of water, or canal exists along the 223
perimeter of a parcel, the perimeter calculations of the 224
agricultural enclave must be based on the adjacent parcel or 225
parcels across the right-of-way, body of water, or canal. 226
Section 3. The amendments made by this act to ss. 227
163.3162(4) and 163.3164(4), Florida Statutes, shall expire 228
January 1, 2028, and the text of those subsections shall revert 229
to that in existence on June 30, 2026, except that any amendment 230
to such text enacted other than by this act shall be preserved 231
and continue to operate to the extent that such amendment is not 232
dependent upon the portions of text which expire pursuant to 233
this section. 234
Section 4. This act shall take effect July 1, 2026. 235