Special Exemptions for Florida Non-Residential Farm Buildings
Constructing new buildings for your business can be a complex process, with numerous regulations and compliance requirements to navigate. However, Florida farmers enjoy special exemptions that make it easier to add non-residential structures essential to their agribusiness. These exemptions alleviate the burden of compliance, allowing farmers to focus on growing their businesses and making the most of their land. We will explore the special exemptions made for non-residential farm buildings in Florida, how they work, and what farmers need to know.
Key Takeaways: Florida Farm Animal Laws For Chicks, Piglets, And Foals
Rules for keeping chickens, pigs, or livestock in Florida vary block by block, not just city by city. Here’s what to know before bringing home new animals.
- Jacksonville limits backyard hens to five per acre and requires a permit plus a mandatory chicken-keeping seminar before you build a coop.
- Miniature potbellied pigs are the only pigs Jacksonville allows as household pets, and only with annual licensing and veterinary health certification.
- Ocala’s llama law caps goats, sheep, and llamas at three per acre on qualifying residential lots, and prohibits pigs entirely.
- Local farm animal ordinances can be more restrictive than the Florida Right to Farm Act, so a use that’s protected in one county may still need a permit in another.
Understanding The Statute
Florida statute 604.50 defines what these exemptions are and for what they may be applied. According to the statute, “Notwithstanding any provision of law to the contrary, any nonresidential farm building, farm fence, or farm sign that is located on lands used for bona fide agricultural purposes is exempt from the Florida Building Code and any county or municipal code or fee, except for code provisions implementing local, state, or federal floodplain management regulations.” According to this statute, any non-residential farm building, farm fence, or farm sign located on lands used for legitimate agricultural purposes is exempt from the Florida Building Code and any county or municipal code or fee.
The statute defines a non-residential farm building as “any temporary or permanent building or support structure that is classified as a nonresidential farm building on a farm under s. 553.73(10)(c) or that is used primarily for agricultural purposes, is located on land that is an integral part of a farm operation or is classified as agricultural land under s. 193.461, and is not intended to be used as a residential dwelling.” Examples include barns, greenhouses, shade houses, farm offices, storage buildings, or poultry houses. If your structure meets this definition, it is exempt from the Florida Building Code. The primary purpose of your structure determines if it meets the statute’s definition.
While non-residential farm buildings are exempt from the Florida Building Code, it is important to note that if your structure is built within a FEMA flood zone, you must still comply with FEMA flood regulations. These regulations ensure that buildings are constructed to withstand potential flooding and maintain safety standards. Further, you may be exposing your business to code enforcement issues if the building you constructed under the exemption is primarily being used for public accommodation. Agritourism operators should be mindful of the penalties they could face if it appears to the outside world that the building is more often than not being used solely for public events.
Building With Confidence
Not Sure If Your Farm Building Needs A Permit? You Don’t Have To Guess.
Between state exemptions, county notification rules, and floodplain requirements, it’s easy to feel unsure before you break ground. A quick conversation can tell you exactly where your project stands, so you can build without the worry of a stop-work order down the road.
Schedule A Free ConsultationCommunicating With Your County
Although your non-residential farm building may qualify for exemption, it is essential to communicate with your county about your new addition. Some counties may require you to notify them about your exempt farm structure before you build it. Some counties may require you to submit proof that you have the agricultural tax exemption, while others may have no specific requirements. For example, Hillsborough County’s website has applications to be submitted on their website for the exempt structures. It is crucial to understand your county’s expectations to avoid confusion and potential fines. As noted above, any agritourism operator can find themselves in trouble with their local government if they fail to make sure everyone’s on the same page. Properly disclosing your exempt structures, if required, saves time, and ensures a clear understanding between you and your county.
Peace Of Mind For What You’ve Already Built
Already Built? Let’s Make Sure Your Farm Stays Protected.
If your barn, greenhouse, or storage building is hosting more visitors than it used to, it’s worth a second look before a county inspector takes one. We’ll help you understand where you stand and what, if anything, needs to change.
Schedule A Free ConsultationUnlocking Florida’s Building Code and Zoning Exemptions for Farmers
Florida farmers benefit from special exemptions outlined in statute 604.50, which provides relief from compliance with the Florida Building Code and certain zoning regulations for non-residential farm buildings, fences, and signs. By meeting the qualifications defined in the statute and effectively communicating with the county about both building code and zoning requirements, farmers can easily add structures to their farms without unnecessary regulatory hurdles. These exemptions enable farmers to focus on their agricultural activities and contribute to the growth of their businesses.
Authored by Madison Long, Intern
Protect Your Farm With Trusted Legal Guidance
Questions about the Florida Building Code Exemption? Let’s chat. Contact us at contact@groveslaw.ag to schedule a consultation.
Because we’re attorneys: This blog post is provided on an “as is” and “as available” basis as of the date of publication. We disclaim any duty to update or correct any information contained in this blog post, including errors, even if we are notified about them. To the fullest extent permitted by law, we disclaim all representations or warranties of any kind, express or implied with respect to the information contained in this blog post, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, and timeliness. We will not be liable for damages of any kind arising from or in connection with your use of or reliance on this blog post, including, but not limited to, direct, indirect, incidental, consequential, and punitive damages. You agree to use this blog post at your own risk. Regarding your particular circumstances, we recommend that you consult your own legal counsel (hopefully Groves Law).
All Rights Reserved. All Puns Intended.
Building Code Exemption For Farm Buildings: Common Questions Florida Landowners Ask
Before you break ground on a barn, greenhouse, or storage building, here’s what Florida law actually requires under the farm building code exemption.
Under Florida Statute 604.50, a non-residential farm building qualifies when it sits on land classified for bona fide agricultural use and serves an agricultural purpose, such as a barn, greenhouse, shade house, or poultry house, rather than functioning as a residence or public venue.
No. The exemption removes Florida Building Code review for qualifying structures, but FEMA floodplain requirements still apply, and many counties require proof of an agricultural tax classification or advance notice before construction begins.
Only if the structure’s primary use stays agricultural. A barn or storage building used mainly for public events, tours, or ticketed activities can lose its exempt status and become subject to standard code enforcement.
Often, yes. Notification requirements differ by jurisdiction, and some counties ask for documentation such as an agricultural classification or a pre-construction notice, even though the structure itself is exempt from the state building code.