Shown verbatim: the complete text as captured from the official page posted by the Florida Legislature, fetched 2026-08-29. Where this bill amends existing law, language marked for deletion in the official page appears here in brackets. This is the enrolled version. The official bill page.
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. Any 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, 2025:
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 ss.
242 163.3162(4) and 163.3164(4), Florida Statutes, shall expire
243 January 1, 2028, 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.Every fact on this page links to its source, starting with the official bill record.