CopyAgo (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....
...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 o...
...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....
