Florida Building Code Exemption for Farm Buildings

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.

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 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.

Communicating 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.

Conclusion

Florida farmers benefit from special exemptions outlined in statute 604.50, which provides relief from compliance with the Florida Building Code for non-residential farm buildings, fences, and signs. By meeting the qualifications defined in the statute and effectively communicating with the county, 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

Questions about the Florida Building Code Exemption? Let’s chat. Contact us at contact@groveslaw.ag to schedule a consultation.

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Kara Groves

After earning her law degree from University of Florida Levin College of Law and working as a tort defense litigator, Kara is settling down and bought some acreage out in Mount Dora. She has returned to her sustainable, regulatory background to help farmers and locally-focused businesses innovate and capitalize on direct-to-consumer movements across the state. In her off time, Kara is an avid gardener and cook. You’ll often find her in downtown Mount Dora adding to her plant collection or taking client meetings in the local brewery and marketplace.

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