Gov. Ron DeSantis has signed a Live Local Act-informed measure to make it easier to convert development-surrounded farmland into housing or other uses while limiting how much local governments can block or slow those projects.
The measure (SB 686), ratified this week, creates a new, streamlined process for landowners to seek certification of property as an “agricultural enclave,” defined in state statutes as an unincorporated, undeveloped, single-owned agrarian parcel of 1,280 acres or less that sits inside otherwise developed land.
That designation can open the door to development, even if local zoning or comprehensive plans would otherwise prohibit it.
Under the new law, effective July 1, property owners can apply directly to a city or county for enclave certification if nearby properties already allow similar or greater development density.
Local governments must issue a report within 30 days on whether the application meets the criteria for agricultural enclave certification. Within 30 days of that, they must hold a public hearing to approve or deny the application.
Denials require a written explanation, backed by findings of fact, which applicants can subsequently challenge in court.
Failure of a government to reply within 90 days of receiving an application will result in the property automatically being deemed an agricultural enclave.
The new law — sponsored by Ocala Republican Sen. Stan McClain, a homebuilder in private life — gives landowners of certified agricultural enclaves broad authority to move forward with development.
Landowners will be able to submit plans for single-family housing, as long as they are consistent with adjacent uses, and those projects must be treated as “conforming,” overriding otherwise restrictive zoning and land use designations.
In some cases, particularly for properties near interstate highways, SB 686 goes further, allowing commercial and industrial development in addition to residential uses, if adjacent areas permit similar intensity.
Cities and counties will not be able to impose regulations on enclave projects that are more burdensome than what is applied to comparable developments. Localities will also have to treat qualifying properties as if they are inside urban service areas, potentially easing access to infrastructure and utilities.
SB 686 also expands and clarifies what qualifies as an agricultural enclave to include more scenarios where farmland is partially surrounded by development or planned development.
Under amendments approved in early February as the measure’s House version by Bonita Springs Republican Rep. Adam Botana advanced, certain environmentally sensitive or protected areas will remain exempt from the changes.
They include Areas of Critical State Concern, the Everglades Protection Area, Wekiva Study Area, conservation easements, and military installations and ranges.
The law includes a sunset provision so that its changes will expire Jan. 1, 2028, unless lawmakers extend them.
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