Legislation Details

File #: 27-0102   
Type: Public Hearing Quasi Judicial Status: Agenda Ready
In control: Board of County Commissioners
On agenda: 10/27/2026 Final action:
Title: REQUEST FOR CERTIFICATION OF AN AGRICULTURAL ENCLAVE PURSUANT TO SECTIONS 163.3162 AND 163.3164, FLORIDA STATUTES
Attachments: 1. Staff Analysis_Ag Enclave Request.pdf, 2. Figures 2_3.pdf, 3. Digital Submittal_456 So. Ocean LLC - Ag Encl. Cert App.pdf, 4. Chapter 2026-34.pdf, 5. S. 193.461 FS.pdf, 6. PAO Records_Parcel 15_17.pdf, 7. Martin County Property Appraiser Data.pdf, 8. DRAFT_Reso to DENY.pdf, 9. Ag Enclave 456_TS.pdf, 10. Staff Presentation
PLACEMENT: Public Hearings - Quasi-Judicial
TITLE:
title
REQUEST FOR CERTIFICATION OF AN AGRICULTURAL ENCLAVE PURSUANT TO SECTIONS 163.3162 AND 163.3164, FLORIDA STATUTES
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EXECUTIVE SUMMARY:
executive summary
This is a request by 456 South Ocean 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 set forth in Section 163.3164(4), Florida Statutes.
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DEPARTMENT: Growth Management
PREPARED BY: Name: Jenna Knobbe, AICP Candidate
Title: Senior Planner
REQUESTED BY: Robert Raynes, Esq. and Christen Spake, Esq., Gunster, Yoakley & Stewart, P.A.

PRESET:
PROCEDURES: Quasi-Judicial

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 is codified 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.

ISSUES:

Staff finds the proposal does not comply with the definition of an ag...

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