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ENROLLED
2026
Legislature
CS for CS for CS for SB 686
2026686er
1
2 An act relating to agricultural enclaves; amending s.
3 163.3162, F.S.; authorizing certain persons to apply
4 to the governing body of the local government for
5 certification of certain parcels as agricultural
6 enclaves; prohibiting an applicant from using the
7 perimeter of certain parcels for a specified purpose;
8 requiring the local government to provide to the
9 applicant a certain report within a specified
10 timeframe; requiring the local government to hold a
11 public hearing within a specified timeframe to approve
12 or deny such certification; requiring the
13 certification of a parcel or parcels as an
14 agricultural enclave under certain circumstances;
15 requiring the governing body to issue certain
16 decisions in writing; authorizing an applicant to seek
17 judicial review under certain circumstances;
18 authorizing certain persons to submit certain
19 development plans; requiring that certain developments
20 be treated as a conforming use; encouraging a local
21 government to incorporate certain site design measures
22 where feasible for certain development; prohibiting a
23 local government from enacting or enforcing certain
24 laws or regulations; requiring a local government to
25 treat certain agricultural enclaves as if they are
26 within urban service districts; requiring the local
27 government and the owner of a parcel or parcels
28 certified as an agricultural enclave to enter a
29 certain written agreement; authorizing the development
30 of certain parcels for commercial, industrial, or
31 single-family residential purposes under certain
32 circumstances; deleting provisions relating to certain
33 amendments to a local government’s comprehensive plan;
34 revising construction; amending s. 163.3164, F.S.;
35 revising the definition of the term “agricultural
36 enclave”; providing for the future expiration and
37 reversion of specified provisions; providing an
38 effective date.
39
40 Be It Enacted by the Legislature of the State of Florida:
41
42 Section 1. Subsection (4) of section 163.3162, Florida
43 Statutes, is amended to read:
44 163.3162 Agricultural lands and practices.—
45 (4)
PUBLIC HEARING PROCESS.—
46
(a) Notwithstanding any other law
or local
ordinance,
47
resolution, or regulation, the owner of a parcel
or parcels
of
48
land
,
or
such
owner’s authorized agent or controlling entity,
49
may apply to the governing body of the local government for
50
certification
of the parcel or parcels
as an agricultural
51
enclave as defined in s. 163.3164
if
one or more adjacent
52
parcels or an adjacent development permits the same
density as,
53
or
higher
density
than,
the proposed development
. An applicant
54
seeking
such
certification may not use the perimeter of
another
55
parcel certified by the local government as an
agricultural
56
enclave to meet the definition of
the term
“
agricultural
57
enclave.
”
58
(b)
Within 30 days after the local government’s receipt of
59
such an application, the local government
shall
provide
to the
60
applicant
a
written
report
detailing
whether the application
61
complies
with
the requirements of paragraph (a)
.
62
(c)
Within 30 days after the local government
provides
the
63
report
required under paragraph (b)
, the local government
shall
64
hold a public hearing to
approve
or
deny certification of
the
65
parcel or parcels
as an agricultural enclave
. If the local
66
government does not approve or deny certification of the parcel
67
or parcels as an agricultural enclave within 90 days after
68
receipt of the application, the parcel or parcels must be
69
certified as an agricultural enclave.
70
(d)
If the application is denied, the governing body
of the
71
local government
must
issue its decision in writing with
72
detailed findings of fact and conclusions of law. The applicant
73
may seek review of the denial by filing a petition for writ of
74
certiorari in the circuit court within 30 days after the date
75
the local government renders its decision.
76
(e)
If the application is
approved
, the owner of
the parcel
77
or parcels
certified as an agricultural enclave
,
or the owner’s
78
authorized agent or controlling entity,
may submit development
79
plans for single
-
family residential housing
which
are
consistent
80
with the land use requirements, or future land use designations,
81
including uses, density, and intensity, of one or more adjacent
82
parcels or
an
adjacent development.
A development for which
83
plans are submitted
under this
paragraph
must be treated as a
84
conforming use, notwithstanding the local government’s
85
comprehensive plan, future land use designation, or zoning
. If
86
development within an agricultural enclave affects
an
87
established
wildlife corridor,
the
local government
is
88
encouraged to incorporate site design measures that maintain
89
habitat permeability, including clustering, open space
90
retention, and wildlife crossing accommodations
,
where feasible
.
91
(f)
A local government may not enact or enforce a
law or
92
regulation for an agricultural enclave
which
is more burdensome
93
than for other types of applications for comparable uses or
94
densities. A local government
shall
treat an agricultural
95
enclave that is adjacent to an urban service district as if
such
96
enclave
is
within the urban service district.
97
(g)
Within 30 business days after the local government’s
98
receipt of development plans
under paragraph (e)
, the local
99
government and
the
owner of
the parcel
or parcels
certified as
100
an agricultural enclave must agree in writing to a process and
101
schedule for information submittal
,
analysis
,
and final
102
approval, which may be administrative in nature, of the
103
development plans. The local government may not require the
104
owner to agree to a process that is longer than 180 days in
105
duration or that includes further review of the plans in a
106
quasi-judicial process or public hearing
.
107
(h)
Notwithstanding paragraph (e), a
parcel or parcels
108
certified
as an
agricultural enclave as defined in s.
109
163.3164(4)(c)1.c.
which are adjacent to an interstate highway
110
may be developed for commercial, industrial, or single-family
111
residential purposes if one or more adjacent parcels or an
112
adjacent development permits the same density or intensity as
113
the proposed development
AMENDMENT
TO LOCAL GOVERNMENT
114
COMPREHENSIVE PLAN.—The owner of a parcel of land defined as an
115
agricultural enclave under s. 163.3164 may apply for an
116
amendment to the local government comprehensive plan pursuant to
117
s. 163.3184. Such amendment is presumed not to be urban sprawl
118
as defined in s. 163.3164 if it includes land uses and
119
intensities of use that are consistent with the uses and
120
intensities of use of the industrial, commercial, or residential
121
areas that surround the parcel. This presumption may be rebutted
122
by clear and convincing evidence. Each application for a
123
comprehensive plan amendment under this subsection for a parcel
124
larger than 640 acres must include appropriate new urbanism
125
concepts such as clustering, mixed-use development, the creation
126
of rural village and city centers, and the transfer of
127
development rights in order to discourage urban sprawl while
128
protecting landowner rights
.
129
(a) The local government and the owner of a parcel of land
130
that is the subject of an application for an amendment shall
131
have 180 days following the date that the local government
132
receives a complete application to negotiate in good faith to
133
reach consensus on the land uses and intensities of use that are
134
consistent with the uses and intensities of use of the
135
industrial, commercial, or residential areas that surround the
136
parcel. Within 30 days after the local government’s receipt of
137
such an application, the local government and owner must agree
138
in writing to a schedule for information submittal, public
139
hearings, negotiations, and final action on the amendment, which
140
schedule may thereafter be altered only with the written consent
141
of the local government and the owner. Compliance with the
142
schedule in the written agreement constitutes good faith
143
negotiations for purposes of paragraph (c).
144
(b) Upon conclusion of good faith negotiations under
145
paragraph (a), regardless of whether the local government and
146
owner reach consensus on the land uses and intensities of use
147
that are consistent with the uses and intensities of use of the
148
industrial, commercial, or residential areas that surround the
149
parcel, the amendment must be transmitted to the state land
150
planning agency for review pursuant to s. 163.3184. If the local
151
government fails to transmit the amendment within 180 days after
152
receipt of a complete application, the amendment must be
153
immediately transferred to the state land planning agency for
154
such review. A plan amendment transmitted to the state land
155
planning agency submitted under this subsection is presumed not
156
to be urban sprawl as defined in s. 163.3164. This presumption
157
may be rebutted by clear and convincing evidence.
158
(c) If the owner fails to negotiate in good faith, a plan
159
amendment submitted under this subsection is not entitled to the
160
rebuttable presumption under this subsection in the negotiation
161
and amendment process.
162
(i)
(d)
Nothing within this subsection relating to
163 agricultural enclaves shall preempt or replace any protection
164 currently existing for any property located within the
165 boundaries of
any of
the following areas:
166 1. The Wekiva Study Area, as described in s. 369.316
.
; or
167 2. The Everglades Protection Area, as defined in s.
168 373.4592(2).
169
3.
An
y
area of critical state concern, as designated in
s.
170
380.055,
s.
380.0551,
s.
380.0552,
s.
380.0553,
or s.
380.0555.
171
4.
Any portion of a property encumbered by a recorded
172
conservation easement as defined in s. 704.06
.
173
5.
A military
installation or range
identified in s.
174
163.3175(2).
175 Section 2. Subsection (4) of section 163.3164, Florida
176 Statutes, is amended to read:
177 163.3164 Community Planning Act; definitions.—As used in
178 this act:
179 (4) “Agricultural enclave” means an unincorporated,
180 undeveloped parcel
or parcels
that
,
as of January 1, 202
5
:
181 (a)
Are
Is
owned
or controlled
by a single person or
182 entity;
183 (b)
Have
Has
been in continuous use for bona fide
184 agricultural purposes, as defined by s. 193.461, for a period of
185 5 years
before
prior to
the date of any comprehensive plan
186 amendment
or development
application;
187 (c)
1
.
Are
Is
surrounded on at least 75 percent of
their
its
188 perimeter by:
189
a.
1.
A parcel or parcels
Property
that
have
has
existing
190 industrial, commercial, or residential development;
or
191
b.
2.
A parcel or parcels
Property
that the local government
192 has designated, in the local government’s
comprehensive plan,
193 zoning map
,
and future land use map, as land that is to be
194 developed for industrial, commercial, or residential purposes,
195 and at least
50
75
percent of such
parcel or parcels
property
is
196 existing industrial, commercial, or residential development;
or
197
c.
A combination of an interstate highway and a parcel
or
198
parcels that are within an urban service district, area, or
line
199
and
that
the local government has designated in the local
200
government’s future land use map as land that is to be developed
201
for industrial, commercial, or residential purposes
;
202
2.
Do not exceed 700 acres and are surrounded on at least
203
50 percent of their perimeter by a parcel or parcels that the
204
local government has designated on the local government’s future
205
land use map as land that is to be developed for industrial,
206
commercial, or residential purposes; and the parcel or parcels
207
are surrounded on at least 50 percent of their perimeter by a
208
parcel or parcels within an urban service district, area, or
209
line;
or
210
3.
Are located within the boundary of an established rural
211
study area adopted in the local government’s comprehensive plan
212
which
was intended to be developed with residential uses
;
213 (d)
Have
Has
public services, including water, wastewater,
214 transportation, schools, and recreation facilities, available or
215 such public services are scheduled in the capital improvement
216 element to be provided by the local government or can be
217 provided by an alternative provider of local government
218 infrastructure in order to ensure consistency with applicable
219 concurrency provisions of s. 163.3180
, or the applicant offers
220
to enter into a binding agreement to pay for, construct, or
221
contribute land for its proportionate share of such
222
improvements
;
and
223 (e)
Do
Does
not exceed 1,280 acres; however, if the
parcel
224
or parcels are
property is
surrounded
on at least 75 percent of
225
their perimeter
by existing or authorized residential
226 development that will result in a density at buildout of at
227 least 1,000 residents per square mile,
then
the area
must
shall
228 be determined to be urban and the parcel
or parcels
may not
229 exceed 4,480 acres
, unless such parcel or parcels exceeding
230
1,280 acres are within the affected counties covered by the
231
water protection plan specified in s. 373.4595(4)(c)
; and
232
(f)
Are
located within a county with a population of
1.75
233
million
or
less
. For purposes of this subsection, population
is
234
determined in accordance with the most recent official estimate
235
pursuant to s. 186.901
.
236
237
Where a right-of-way, body of water, or canal exists along the
238
perimeter of a parcel, the perimeter calculations of the
239
agricultural enclave must be based on the adjacent parcel or
240
parcels across the right-of-way, body of water, or canal
.
241 Section 3.
The amendments made by this act to s
s.
242
163.3162
(4)
and 163.3164
(4)
, Florida Statutes,
shall expire
243
January 1, 202
8,
and the text of
those subsections
shall revert
244
to that
in existence on June 30, 2026, except that any amendment
245
to such text enacted other than by this act shall be preserved
246
and continue to operate to the extent that such amendment is not
247
dependent upon the portions of text which expire pursuant to
248
this section.
249 Section 4. This act shall take effect July 1, 2026.