House Committee backs Adam Botana’s proposal easing development in agricultural enclaves without comp plan changes

A proposal by Bonita Springs Republican Rep. Adam Botana to simplify how certain agricultural lands can be converted for residential development has cleared its second House Committee.

The measure (HB 691) would allow qualifying projects on ag land to move forward without changes to local comprehensive plans.

The House Housing, Agriculture & Tourism Subcommittee voted to advance the bill, which looks to revise Florida’s agricultural enclave laws by replacing the current comprehensive plan amendment process with an expedited certification and review framework. 

Under the bill, property owners whose agricultural parcels are surrounded by existing development could pursue single-family residential projects through a defined public hearing timeline, allowing development to proceed without the comprehensive plan amendments typically required under current law. The bill was presented by Sebring Republican Rep. Kaylee Tuck in Botana’s absence.

“The bill aims to streamline the certification process for ag enclaves in Florida, enhancing landowner rights while balancing government regulations by allowing owners of qualified ag parcels to be certified through an expedited public hearing process,” Tuck told Committee members Thursday. “The bill also expands the criteria of ag enclave under certain circumstances.”

The bill would require that local governments issue a written report within 30 days determining whether an application meets the criteria for agricultural enclave certification, followed by a required public hearing within 30 days. If a county or municipality fails to approve or deny the application within 90 days of submission, the parcel would be automatically certified as an agricultural enclave.

Once certified, landowners could submit development plans for single-family residential housing that match the density, intensity and land uses of surrounding parcels or nearby developments. Those projects would be treated as conforming uses, even if they conflict with the local government’s comprehensive plan, future land use designation or zoning regulations — a significant shift from current law that requires comprehensive plan amendments before such development can proceed.

The bill also restricts local governments from imposing regulations on agricultural enclave developments that are more burdensome than those applied to comparable projects. Parcels adjacent to urban service districts would be treated as though they are already within those districts, affecting access to infrastructure and public services.

After development plans are submitted, HB 691 would require local governments and applicants to agree in writing to a development review schedule within 30 business days. That process could be handled administratively and may not exceed 180 days or include further review of the plans in a quasi-judicial process or public hearing.

The subcommittee adopted two amendments without objection. One amendment clarified that the bill would continue to exempt existing protections for Areas of Critical State Concern and lands within the Florida Wildlife Corridor, while a second amendment protected those exemptions from future repeal.

The Committee advanced HB 691 without opposition, advancing the proposal to its third and final stop at the State Affairs Committee. A similar bill (SB 686) filed by Ocala Republican Sen. Stan McClain cleared its first of three Senate Committee stops last month. If approved by the Legislature and signed by the Governor, the bill would take effect July 1.