PLACEMENT: Public Hearings - Quasi-Judicial
TITLE:
title
REQUEST FOR CERTIFICATION OF AN AGRICULTURAL ENCLAVE PURSUANT TO SECTIONS 163.3162 AND 163.3164, FLORIDA STATUTES
end
EXECUTIVE SUMMARY:
executive summary
This is a request by Kanner/96th Street Investments, LLC for certification of property as an “agricultural enclave” pursuant to Sections 163.3162 and 163.3164, Florida Statutes. Section 163.3162(4)(a), Florida Statutes, outlines the process for a property owner to request that property be certified as an agricultural enclave. The criteria for defining what qualifies as an agricultural enclave is found in Section 163.3164(4), Florida Statutes.
body
DEPARTMENT: Growth Management
PREPARED BY: Name: Jenna Knobbe
Title: Senior Planner
REQUESTED BY: James P. Harvey, Authorized Signatory for Kanner/96th Street Investments LLC
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
On April 20, 2026, Governor DeSantis signed Senate Bill (SB) 686, which was passed during the regular session of the Florida Legislature. This bill went into effect on July 1, 2026, and can be found in Chapter 2026-34. SB 686 established new regulations and definitions for agricultural enclaves in the state of Florida. Section 163.3162(4), Florida Statutes, outlines the process by which a property owner can apply to the local government for certification of property as an agricultural enclave. If property is certified as an agricultural enclave, a property owner may submit development plans for single-family residential housing which are consistent with the land use requirements, or future land use designations, including uses, density, and intensity, of one or more adjacent parcels or adjacent development. These development plans must be treated as a conforming use, notwithstanding the local government’s comprehensive plan, future land use designation, or zoning.
Attached to this item is staff’s analysis of the request for certification of an agricultural enclave, pursuant to Section 163.3164(4), Florida Statutes.
ISSUES:
None.
LEGAL SUFFICIENCY REVIEW:
Pursuant to Section 163.3162, Florida Statutes, an applicant can apply to a local government for certification of a parcel or parcels as an agricultural enclave as defined in Section 163.3164, Florida Statutes. Within 30 days of receipt of the application, the local government shall provide a written report detailing whether the application complies with the requirements of the statute. Within 30 days after the local government provides the report, the application must be scheduled for a public hearing to approve or deny the parcels as an agricultural enclave. This public hearing is being held to satisfy the final evaluation of the application for certification as an agricultural enclave.
RECOMMENDED ACTION:
RECOMMENDATION
1. Move that the Board receive and file the agenda item and all its attachments, including the Staff Report, as Exhibit 1.
2. Move that the Board deny the request for certification of an agricultural enclave proposed by Kanner/96th St. Investments LLC.
3. Move that the Board adopt the Resolution denying the certification of an agricultural enclave proposed by Kanner/96th St. Investments LLC and authorize the County Attorney’s Office to revise the proposed Resolution as needed to reflect the Board’s findings of fact and conclusions of law.
ALTERNATIVE RECOMMENDATIONS
None
FISCAL IMPACT:
RECOMMENDATION
Staff time.
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☒Resolution
☐Other: