Bad for Florida Farms and the agriculture industry!

Disclaimer: We urge everyone to read CS/HB 1118. If you're already informed about HB 1118, scroll to the bottom to take action.

Senate Bill SB 1118 

This bill proposes changes to Florida's land use and development regulations. 

Based on the provided bill, several amendments, particularly those concerning agricultural enclaves and the process for their development, could lead to a decrease in farmland.

Here's how:

1. Administrative Approval for Development in Agricultural Enclaves: The bill amends s. 163.3162, F.S., to authorize the owner of an agricultural enclave to apply for administrative approval of development regardless of future land use designations or comprehensive plan conflicts under certain circumstances

    - Previously, such owners could apply for a comprehensive plan amendment

    - This shift to administrative approval could expedite the process of developing land currently used for agriculture, potentially leading to its conversion to        residential, commercial, or industrial uses

    - The bill states that a development authorized under this subsection must be treated as a conforming use, notwithstanding the local government’s comprehensive plan, future land use designation, or zoning.

2. Revised Definition of Agricultural Enclave: The definition of "agricultural enclave" in s. 163.3164, F.S., is amended

    - The changes in criteria, such as the percentage of perimeter surrounded by developed or designated land and the acreage limits, could expand or contract the number of parcels that qualify as agricultural enclaves

    - If the revised definition broadens the criteria, more farmland could become eligible for the administrative approval process, increasing the potential for its development

    - For example, the bill modifies the requirements for being surrounded by developed or designated land and introduces considerations for rural study areas

3. Presumption Against Urban Sprawl (with conditions): While the bill deletes a certain presumption of urban sprawl related to comprehensive plan amendments for agricultural enclaves, it introduces a new presumption that an application for administrative approval is not urban sprawl if it includes land uses and densities consistent with surrounding developed areas

    - For parcels larger than 640 acres seeking administrative approval, the application must include "appropriate new urbanism concepts" to discourage urban sprawl     while protecting landowner rights

     - However, if these conditions are met, the administrative approval process could still facilitate development on former agricultural land.

4. Restrictions on Local Government Regulations: The bill prohibits local governments from enacting or enforcing regulations for agricultural enclaves that are more burdensome than for other comparable applications

    - This limitation could restrict the ability of local governments to prevent or slow down development on qualifying agricultural land.

In summary, by creating a streamlined administrative approval process for development within redefined "agricultural enclaves" and limiting local government regulatory power over these areas, the bill could incentivize and facilitate the conversion of farmland to other land uses, potentially leading to a decrease in the amount of land used for agriculture.

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Take Action!

Contact your State Representatives and Bill Sponsor, Senator Stan McClain to express your concerns with CS/HB 1118. 

Click the links below and sign the petitions to STOP HB 1118

Additional Notes