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Florida Statute 381.008 - Full Text and Legal Analysis
Florida Statute 381.008 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XXIX
PUBLIC HEALTH
Chapter 381
PUBLIC HEALTH: GENERAL PROVISIONS
View Entire Chapter
381.008 Definitions of terms used in ss. 381.008-381.00897.As used in ss. 381.008-381.00897, the following words and phrases mean:
(1) “Common areas”That portion of a migrant labor camp or residential migrant housing not included within private living quarters and where migrant labor camp or residential migrant housing residents generally congregate.
(2) “Department”The Department of Health and its representative county health departments.
(3) “Invited guest”Any person who is invited by a resident to a migrant labor camp or residential migrant housing to visit that resident.
(4) “Migrant farmworker”A person who is or has been employed in hand labor operations in planting, cultivating, or harvesting agricultural crops within the last 12 months and who has changed residence for purposes of employment in agriculture within the last 12 months.
(5) “Migrant labor camp”One or more buildings, structures, barracks, or dormitories, and the land appertaining thereto, constructed, established, operated, or furnished as an incident of employment as living quarters for seasonal or migrant farmworkers whether or not rent is paid or reserved in connection with the use or occupancy of such premises. The term does not include a single-family residence that is occupied by a single family.
(6) “Other authorized visitors”Any person, other than an invited guest, who is:
(a) A federal, state, or county government official;
(b) A physician or other health care provider whose sole purpose is to provide medical care or medical information;
(c) A representative of a bona fide religious organization who, during the visit, is engaged in the vocation or occupation of a religious professional or worker such as a minister, priest, or nun;
(d) A representative of a nonprofit legal services organization, who must comply with the Code of Professional Conduct of The Florida Bar; or
(e) Any other person who provides services for farmworkers which are funded in whole or in part by local, state, or federal funds but who does not conduct or attempt to conduct solicitations.
(7) “Private living quarters”A building or portion of a building, dormitory, or barracks, including its bathroom facilities, or a similar type of sleeping and bathroom area, which is a home, residence, or sleeping place for a resident of a migrant labor camp. The term includes residential migrant housing.
(8) “Residential migrant housing”A building, structure, mobile home, barracks, or dormitory, and any combination thereof on adjacent property which is under the same ownership, management, or control, and the land appertaining thereto, that is rented or reserved for occupancy by five or more seasonal or migrant farmworkers, except:
(a) Housing furnished as an incident of employment.
(b) A single-family residence or mobile home dwelling unit that is occupied only by a single family and that is not under the same ownership, management, or control as other farmworker housing to which it is adjacent or contiguous.
(c) A hotel or motel, as described in chapter 509, that is furnished for transient occupancy.
(d) Any housing owned or operated by a public housing authority except for housing which is specifically provided for persons whose principal income is derived from agriculture.
(9) “Personal hygiene facilities”Adequate facilities for providing hot water at a minimum of 110 degrees Fahrenheit for bathing and dishwashing purposes, and an adequate and convenient approved supply of potable water available at all times in each migrant labor camp and residential migrant housing for drinking, culinary, bathing, dishwashing, and laundry purposes.
(10) “Lighting”At least one ceiling-type light fixture capable of providing 20 foot-candles of light at a point 30 inches from the floor, and at least one separate double electric wall outlet in each habitable room in a migrant labor camp or residential migrant housing.
(11) “Sewage disposal”Approved facilities for satisfactory disposal and treatment of human excreta and liquid waste.
(12) “Garbage disposal”Watertight receptacles of impervious material which are provided with tight-fitting covers suitable to protect the contents from flies, insects, rodents, and other animals.
History.s. 1, ch. 59-476; ss. 19, 35, ch. 69-106; s. 144, ch. 71-377; s. 1, ch. 72-176; s. 3, ch. 76-168; s. 84, ch. 77-147; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 1, 9, 10, ch. 83-249; s. 32, ch. 91-297; ss. 1, 15, ch. 93-133; s. 40, ch. 97-101; s. 9, ch. 98-151; s. 2, ch. 2004-64; s. 9, ch. 2011-119.
Note.Former s. 381.422.

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Amendments to 381.008


Annotations, Discussions, Cases:

Cases Citing Statute 381.008

Total Results: 3  |  Sort by: Relevance  |  Newest First

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Caro-Galvan v. Curtis Richardson, Inc., 993 F.2d 1500 (11th Cir. 1993).

Cited 51 times | Published | Court of Appeals for the Eleventh Circuit | 1993 U.S. App. LEXIS 15274

...rd housing. Regardless of the type of facility, where the units are grouped for two or more families, they are commonly called 'camps.' " President's Comm'n on Migratory Labor, Migratory Labor in American Agriculture 138 (1951); see, e.g., Fla.Stat. § 381.008(3) (1991); Ill.Rev.Stat. ch. 111.5, para. 185.2 (1992); Va.Code Ann. § 32.1-203 (Michie 1992). Rent may or may not be charged. See, e.g., Fla.Stat. § 381.008(3)....
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Caro-Galvan v. Curtis Richardson, Inc., 993 F.2d 1500 (11th Cir. 1993).

Cited 4 times | Published | Court of Appeals for the Eleventh Circuit | 1993 WL 195370

...Regardless of the type of facility, where the units are grouped for two or more families, they are commonly called ‘camps.’ ” President’s Comm’n on Migratory Labor, Migratory Labor in American Agriculture 138 (1951); see, e.g., Fla.Stat. § 381.008(3) (1991); Ill.Rev. Stat. ch. 111.5, para. 185.2 (1992); Va.Code Ann. § 32.1-203 (Michie 1992). Rent may or may not be charged. See, e.g., Fla.Stat. § 381.008(3)....
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Ago (Fla. Att'y Gen. 1999).

Published | Florida Attorney General Reports

Mr. John D. Cassels, Jr. Okeechobee County Attorney Post Office Box 968 Okeechobee, Florida 34972 Dear Mr. Cassels: You ask substantially the following question: Does section 381.00896 , Florida Statutes, limit the county's authority to enact zoning regulations that may affect the placement of migrant farmworker housing facilities in residential areas? In sum: While section 381.00896 , Florida Statutes, does not preclude a county from lawfully enacting and enforcing zoning regulations affecting the placement of migrant farmworker housing facilities in residential areas, the county's zoning laws may not prohibit or discriminate against the development of such housing and the zoning laws must be applied in a manner to ensure that there is sufficient housing to meet local needs. Section 381.00896 , Florida Statutes, sets forth a legislative policy of nondiscrimination in the development and use of migrant farmworker housing 1 in this state....
...nact or administer local land use ordinances to prohibit or discriminate against the development and use of farmworker housing facilities because of the occupation, race, sex, color, religion, national origin, or income of the intended residents." 3 Section 381.00896 (4), Florida Statutes, states "[t]his section does not prohibit the imposition of local property taxes, water service and garbage collection fees, normal inspection fees, local bond assessments, or other fees, charges, or assessment...
...or the counties the broad exercise of home rule powers authorized by the State Constitution." 6 Thus, a county's authority to zone land for a particular use may not contravene state law. A review of the legislative history surrounding the passage of section 381.00896 , Florida Statutes, shows as its goal the prohibition of discrimination against the development and use of farmworker housing facilities within their jurisdictions because of the lawful occupation, race, sex, color, religion, national origin, or income of the intended residents. 7 While the terms of the section must be interpreted in a manner that will carry out the Legislature's intent, it does not appear that the plain language of section 381.00896 , Florida Statutes, or any other construction gleaned from its legislative history would prohibit a county from lawfully exercising its zoning authority and enforcing its zoning regulations such that migrant farmworker housing facilities could be located only in areas where zoning permitted such use. Had the Legislature wished to grant a blanket exemption to the placement of migrant farmworker housing facilities, it could easily have done so. 8 Section 381.00896 , Florida Statutes, would preclude a county from enacting zoning regulations that do not permit and encourage the development and use of sufficient numbers and types of farmworker facilities to meet local needs. Section 381.008 (8), Florida Statutes (1998 Supplement), defines "Residential migrant housing" to mean "[a] building, structure, mobile home, barracks, or dormitory, and any combination thereof on adjacent property which is under the same ownership,...
...wed such accommodations in areas that otherwise allowed such occupancy, such as multiple-family dwellings or commercial lodging establishments, or did not recognize such accommodations in any of its classifications. It is my opinion, therefore, that section 381.00896 , Florida Statutes, does not preclude a county from lawfully enacting and enforcing zoning regulations that may affect the placement of migrant farmworker housing facilities in residential areas, if the county's zoning laws do not otherwise prohibit or discriminate against the development of such housing and there is sufficient housing to meet local needs. Sincerely, Robert A. Butterworth Attorney General RAB/tls 1 Section 381.008 (8), Fla....
...urnished for transient occupancy. (d) Any housing owned or operated by a public housing authority except for housing which is specifically provided for persons whose principal income is derived from agriculture." A "Migrant labor camp" is defined in s. 381.008 (5), Fla....
...ment as living quarters for seasonal or migrant farmworkers whether or not rent is paid or reserved in connection with the use or occupancy of such premises. The term does not include a single-family residence that is occupied by a single family." 2 Section 381.00896 (1), Fla. Stat. 3 Section 381.00896 (3), Fla....

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