2026 Legislative Recap Webinar Series – Part 3
Sept. 9, 2026
Event #9335316 { 1.5 CM | 1 Law CM
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Meet today’s experts
Edward Ng, AICP APA Florida President-Elect
Doug Bell, Esq. Metz Husband & Daughton
Steven Vancore VancoreJones Communications
Meet today’s experts
Barry Wilcox, AICP, CPM Stearns Weaver Miller
Heather Urwiller, AICP, CFM Plan This FLA
votenoonamendment3.com
whatsatstakefl.org
HISTORY
AGRICULTURAL ENCLAVES
SB 686
• “Agricultural Lands and Practices Act” (163.3162) was originally adopted in 2003 to “protect reasonable agricultural activities conducted on farm lands from duplicative regulation”. • The Agricultural Enclave provision was first introduced to 163.3162 in 2006. Amendments to parcels meeting the definition of an Ag Enclave were presumed consistent with 9J-5.006(5) (a.k.a., the urban sprawl rule)
SUMMARY OF CHANGES SB 686 significantly changes the processes and definitions related to agricultural enclaves.
AGRICULTURAL ENCLAVES
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Creates a new local procedure for certifying a parcel or parcels as an agricultural enclave when adjacent properties allow similar or greater development density.
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Requires local governments to issue a written report within 30 days and hold a public hearing within 30 days thereafter, with automatic certification if no decision is rendered within 90 days.
SB 686
SUMMARY OF CHANGES
AGRICULTURAL ENCLAVES
SB 686
• Prohibits additional or more burdensome regulations for land designated as an agricultural enclave and treats enclaves adjacent to urban service districts as being within urban service boundaries. • Mandates a 180-day maximum plan approval process without hearings. • Permits certain commercial or industrial development for enclaves near interstate highways. • Expands the definition of “agricultural enclave” to include multiple parcels and revises acreage limits, adjacency criteria, and concurrency requirements.
PREVIOUS PROCESS • Apply for an amendment to the local government’s comprehensive plan
AGRICULTURAL ENCLAVES
SB 686
• Within 30 days of application, the local government and landowner must agree to a schedule
• The local government and landowner have a total of 180 days to negotiate in good faith the land uses and intensities • Regardless of consensus, the local government must transmit the amendment to state land planning agency within 180 days
NEW PROCESS •
Apply to local government for certification of parcel(s) as an agricultural enclave
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Within 30 days, the local government must produce a written report detailing whether the application complies with ag enclave requirements
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Within 30 days after issuance of the report, the local government must hold a public hearing to approve or deny the certification
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If the application is not approved or denied within 90 days, the parcel(s) must be certified
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If approved, the landowner may move directly to development plans, then has 30 days to develop a schedule. No schedule may be more than 180 days
AGRICULTURAL ENCLAVES
SB 686
PREVIOUS DEFINITION • Is owned by a single person or entity • Bona fide agricultural purposes for a period of 5 years
AGRICULTURAL ENCLAVES
SB 686
• Is surrounded on at least 75% of its perimeter by existing or planned industrial, commercial, or residential uses •
Has full public services available or planned
• Does not exceed 1,280 acres; however, if the property is surrounded by existing or authorized residential development that will result in a density at buildout of at least 1,000 residents per square mile, then the area shall be determined to be urban and the parcel may not exceed 4,480 acres.
NEW DEFINITION “Agricultural enclave” means an unincorporated, undeveloped parcel or parcels that, as of January 1, 2025: a) Is owned or controlled by a single person or entity
AGRICULTURAL ENCLAVES
SB 686
b) Bona fide agricultural purposes for a period of 5 years c) Is surrounded on at least 75% of its perimeter by: 1. Existing or planned industrial, commercial, or residential uses; 2. A combination of an interstate highway and a parcel or parcels that are within an urban service district, area, or line and that the local government has designated in the local government’s future land use map as land that is to be developed for industrial, commercial, or residential purposes;
NEW DEFINITION
AGRICULTURAL ENCLAVES
SB 686
3. Do not exceed 700 acres and are surrounded on at least 50 percent of their perimeter by a parcel or parcels that the local government has designated on the local government’s future land use map as land that is to be developed for industrial, commercial, or residential purposes; and the parcel or parcels are surrounded on at least 50 percent of their perimeter by a parcel or parcels within an urban service district, area, or line; or 4. Are located within the boundary of an established rural study area adopted in the local government’s comprehensive plan which was intended to be developed with residential uses;
NEW DEFINITION
AGRICULTURAL ENCLAVES
SB 686
d) Have public services, including water, wastewater, transportation, schools, and recreation facilities, available or such public services are scheduled in the capital improvement element to be provided by the local government or can be provided by an alternative provider of local government infrastructure in order to ensure consistency with applicable concurrency provisions of s. 163.3180, or the applicant offers to enter into a binding agreement to pay for, construct, or contribute land for its proportionate share of such improvements;
NEW DEFINITION
AGRICULTURAL ENCLAVES
SB 686
e) Do not exceed 1,280 acres; however, if the parcel or parcels are surrounded on at least 75 percent of their perimeter by existing or authorized residential development that will result in a density at buildout of at least 1,000 residents per square mile, the area must be determined to be urban and the parcel or parcels may not exceed 4,480 acres, unless such parcel or parcels exceeding 1,280 acres are within the affected counties covered by the water protection plan specified in s. 373.4595(4)(c); and f) Are located within a county with a population of 1.75 million or less. For purposes of this subsection, population is determined in accordance with the most recent official estimate pursuant to s. 186.901.
NEW DEFINITION And Finally. . . •
Where a right-of-way, body of water, or canal exists along the perimeter of a parcel, the perimeter calculations of the agricultural enclave must be based on the adjacent parcel or parcels across the right-of-way, body of water, or canal.
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The amendments made by this act to ss. 241 163.3162(4) and 163.3164(4), Florida Statutes, shall expire 242 January 1, 2028, and the text of those subsections shall revert 243 to that in existence on June 30, 2026, except that any amendment 244 to such text enacted other than by this act shall be preserved 245 and continue to operate to the extent that such amendment is not 246 dependent upon the portions of text which expire pursuant to 247 this section.
AGRICULTURAL ENCLAVES
SB 686
KEY TAKEAWAYS • Legislation opens doors that didn’t previously exist o Three ag enclaves already approved: Hillsborough(1) and St Johns(2) o Dozens more likely on the way
AGRICULTURAL ENCLAVES
SB 686
• Bypasses the comprehensive planning process
• Mandates an expedited review and approval timeline for local planners •
Requires a robust analysis of site-specific conditions
• Limited-time offer!!! Expires January 1, 2028* *Exclusions Apply. See statute for details.
Heather Urwiller, MRP, AICP, CFM SB 484 Data Centers
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SB 484 - Data Centers • Bill Sponsors: Sens Clay Yarborough & Don Gaetz • Effective Date: July 1, 2026 • Bill creates or amends FS sections: • 163.326 • 288.075 • 366.043
• 373.203 • 373.262 • 373.239
What the Law Does Creates Section 163.326
• Legislative intent: Land use and infrastructure impacts of large load customers to be manage by local government through local Comprehensive Plans and Land Development regulations. • Bill acknowledged that large load customers including data centers present unique challenges to planning, infrastructure and compatibility. • Local governments may adopt regulations for data centers related to infrastructure capacity, land use compatibility, environmental impacts, and the efficient provision of public facilities and services
What the Law Does Large Load Customers - FS 366.043(2)
“Large load customer” means a customer with an anticipated monthly peak load of 50 megawatts or more, calculated as the highest average load over a 15-minute interval at a single location. The term does not include a load aggregated across multiple locations owned by the same customer. However, the term includes all customers or other entities that have entered into a colocation or similar agreement at a single location that otherwise meets the anticipated monthly peak load provided in this paragraph.
Data Centers - FS 373.203 (3)
Data Centers are defined as a facility that primarily contains electronic equipment used to process, store, and transmit digital information, which may be: (1) A free-standing structure; or (2) A facility within a larger structure which uses environmental control equipment to maintain the proper conditions for the operation of electronic equipment.
What the Law Does FS. 484 Data Centers (Continued •
Bill 484 states a large load customer may not be considered an electric substation for the purposes of 163.3208.
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Data Centers that are locating, relocating or expanding business activities may not request exemption from disclosure under public records laws. Restricts use of NDAs by local government agencies.
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Requires the Public Service Commission (PSC) to implement large load customer tariff and service requirements for public electric utilities.
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The tariffs must ensure that large load customers pay for their own cost of service, the risk of nonpayment of such costs may not be borne by the general ratepayers.
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Establishes distinct large-scale data center consumptive use permit (CUP) requirements and an application process for water usage
What the Law Does Mandatory Study - July 1, 2027
• Office of Program Policy Analysis and Government Accountability to contract for a study due to the Legislature and Governor by July 1, 2027. • The study will be independent and interdisciplinary.
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Will assess impacts on: • economic development and tax revenues; • land, water, and other natural resources; • energy use and related cost and rate impacts; • and public health and safety.
• The study must include recommendations on facility siting and mitigation measures to reduce potential negative impacts.
Implications for Local Governments • Local governments maintain control of comprehensive planning and land development regulation of large load customers (data centers). • Large load customers are not regulated as electrical substations. • Data centers are not exempt from public record law disclosure. • Requires public electric utilities to implement large load customer tariff and service requirements approved by Public Service Commission. • Data Centers require a special Consumptive Use Permit (CUP) • State will study policy considerations related to the construction and operation of large-scale data centers.
Administrative Actions + Planning Toolbox • Compile case studies and best Practices from other communities to understand impacts of data centers on: • economic development and tax revenues; • land, water, and other natural resources; • energy use and related cost and rate impacts; • and public health and safety. • Engage the community on the data center development proactivity. • Consider town halls, taskforces or other engagement tools • Work with Elected Officials to craft land use regulations and siting criteria. • Participate in the state’s study on the policy considerations related to the construction and operation of large-scale data centers. • Share information and research with other planners.
As of July 1 Opposition for Data Centers continues to building with in the State • Several communities have banned large data centers: Wakulla, Jackson, & Walton. • More communities are instead placing data centers on a temporary pause or issuing moratoria of 12 or more months. (Bay, Citrus, Lake, Clay, Hernando, and Volusia) • Those pauses can allow local communities to discuss impacts of large data centers often called hyperscale data centers. Has become a political issue, showing up in news articles, candidate platforms and social media posts from around the State.
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