Florida/Georgia Personal Injury & Workers Compensation

...Camuccio Gilchrist Assistant County Attorney 2114 Northwest 40th Terrace Suite A-1 Gainesville, Florida 32605 Dear Mr. Camuccio: You ask on behalf of Gilchrist County substantially the following questions: 1. Are building permits required for nonresidential farm buildings in light of section 604.50 , Florida Statutes? 2. May the county require a zoning compliance permit under its land development regulations for nonresidential farm buildings? In sum: 1. Sections 553.73 (7)(c) 1 and 604.50 , Florida Statutes, exempt nonresidential farm buildings located on a farm from the Florida Building Code and any county or municipal building code, making building permits unnecessary for such buildings....

...Section 553.73 (8), Florida Statutes (1998), stated: "The following buildings, structures, and facilities may be exempted from the Florida Building Code as provided by law . . . * * * (c) Nonresidential farm buildings on farms." 5 During the same legislative session, section 604.50 , Florida Statutes, was created to provide: "Notwithstanding any other law to the contrary, any nonresidential farm building located on a farm is exempt from the Florida Building Code and any county or municipal building code....

...to preserve public health, safety, and welfare." 8 This office has been advised that no such rules have been adopted to date. The exemption for nonresidential farm buildings from the Florida Building Code and any county or municipal building code in section 604.50 , Florida Statutes, has been in existence since 1998....

...That intent, however, is determined primarily from the language of the statute; thus, the plain meaning of the language used in the statute is the first consideration in the interpretation of a statute. 9 The plain language of sections 553.73 (7)(c) and 604.50 , Florida Statutes, exempts all nonresidential buildings located on a farm from state and local building codes....

...e Florida Building Code, stemming from Benciven-ga’s failure to obtain building permits for four structures on the property. Benci-venga did not dispute that the structures were constructed without building permits, but maintained that pursuant to section 604.50, Florida Statutes (2008), 1 the construction of the structures did not require building permits....

...Haines City, 658 So.2d at 530 . Although we may be sympathetic to some of Bencivenga’s arguments, the limited scope of second-tier certiorari review compels us to deny the petition. *1037 PETITION FOR WRIT OF CERTIO-RARI DENIED. TORPY, C.J. and LAWSON, JJ., concur. . § 604.50 Nonresidential farm buildings.— Notwithstanding any other law to the contrary, any nonresidential farm building is exempt from the Florida Building Code and any county or municipal building code....

...If agricultural uses are excluded, then the terms of section 163.3164, et seq., would not apply to them, because they do not constitute "development." Other statutes may restrict agricultural land uses. See, e.g., § 823.14(6), Fla. Stat. (The Right to Farm Act); § 604.50, Fla....

Dear Mr. Battista: On behalf of the Citrus County Board of County Commissioners, your office has asked the following questions: 1. Does the term "residential" in section 604.50 , Florida Statutes, require that persons reside in the dwelling on a full-time basis in order to remove the building from the exemption for nonresidential farm building under this section? 2....

...s regarding the construction of the building on land classified as agriculture under section 193.461 , Florida Statutes, if those regulations do not limit the operational activity of the bona fide farm operation? In sum: 1. The term "residential" in section 604.50 , Florida Statutes, does not require that persons reside in the dwelling on a full-time basis in order to remove the building from the exemption for nonresidential farm building under this section....

..., a bathroom and a kitchen which are offered as accommodations for the resident's children and for business associates when they visit. A question has been raised as to whether the structure is exempt from the permitting process pursuant to sections 604.50 and section 823.14 , Florida Statutes....

...dings, structures, and facilities are exempt from the Florida Building Code as provided by law, and any further exemptions shall be as determined by the Legislature and provided by law: * * * (c) Nonresidential farm buildings on farms." In addition, section 604.50 , Florida Statutes, provides: "Notwithstanding any other law to the contrary, any nonresidential farm building is exempt from the Florida Building Code and any county or municipal building code....

...not used as a residential dwelling , and is located on land that is an integral part of a farm operation or is classified as agricultural land under s. 193.461 . The term `farm' is as defined in s. 823.14 ." 1 (e.s.) In light of the language used in section 604.50 , Florida Statutes, you ask what is meant by a "residential dwelling." The term is not defined in the statute or in Chapter 604 , Florida Statutes....

...ould not be used full-time. Such a conclusion would appear to be inconsistent with the underlying polices for adoption of a uniform building code to protect public health, safety, and welfare. Thus, I am of the opinion that the term "residential" in section 604.50 , Florida Statutes, does not require that persons reside in the dwelling on a full-time basis in order to remove the building from the exemption for nonresidential farm building under this section when the structure is clearly designed for residential use....

...The code enforcement order mandates several corrective actions including removing one of the barns. The farm argues that all of its improvements are nonresidential farm buildings and support structures, which are exempt from the village’s LDRs pursuant to the plain language of section 604.50(1), Florida Statutes (2016). We agree that some of the improvements, including the two barns, the storage building, and the manure bin, are exempt under the plain language of section 604.50(1). Therefore, we grant the petition, in part, and quash the circuit court’s affirmance because it contravenes the plain language of section 604.50(1). Factual and Procedural Background In March 2016, the village cited the farm with several code violations in two separate cases....

...“When a statute is clear and unambiguous, courts will not look behind the statute’s plain language for legislative intent or resort to rules of statutory construction to ascertain intent.” Lee Cnty. Electric Coop., Inc. v. Jacobs, 820 So. 2d 297, 303 (Fla. 2002). Section 604.50(1) provides: 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...

...implementing local, state, or federal floodplain management regulations. A farm sign located on a public road may not be erected, used, operated, or maintained in a manner that violates any of the standards provided in s. 479.11(4), (5)(a), and (6)-(8). § 604.50(1), Fla. Stat. (emphasis added). Prior to 2011, this section only exempted nonresidential farm buildings from “any county or municipal building code.” § 604.50(1), Fla. Stat....

...municipal code.” However, in 2013, the Florida Attorney General issued an advisory opinion directly on point, which is persuasive authority. 1 See Op. Att'y Gen. 2013-01 (2013). The opinion addresses whether the Town of Loxahatchee Groves would be violating section 604.50(1) if it sought to enforce zoning LDRs, specifically setback requirements, against nonresidential farm buildings. Id. Based on the plain language of section 604.50(1), as amended in 2011, the Attorney General 1“Although an opinion of the Attorney General is not binding on a court, it is entitled to careful consideration and generally should be regarded as highly persuasive.” State v....

...It is undisputed that the farm’s property is zoned for agricultural use, and the property is being used for a bone fide agricultural purpose. It is also undisputed that the barns and storage facilities are nonresidential farm buildings. Pursuant to the plain language of section 604.50(1), nonresidential farm buildings are exempt from “any county or municipal code or fee.” (emphasis added)....

...However, these violations arose from (i) grading work done to build a driveway and a swale, which were partially built across a public right-of-way, and (ii) the farm’s failure to build a secondary storm-water system. Nothing within the language of section 604.50 permits a farm owner to encroach upon a public right-of-way without seeking approval. Furthermore, driveways, swales, and storm-water systems do not fall within the meaning of “nonresidential farm buildings.” 3 2 Two prior advisor...

...enforce zoning regulations, such as set-backs, on the construction of nonresidential farm buildings. See Op. Fla. Att'y Gen. 2009-26 (2009); Op. Fla. Att'y Gen. 2001-71 (2001). However, these opinions were both issued before the legislature amended section 604.50 in 2011. 3 Under section 604.50(2)(d), a nonresidential farm building is defined as: [A]ny 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 i...

...4th DCA 2007). Conclusion Based on the foregoing, we conclude that the circuit court departed from the essential requirements of the law because its affirmance in this case directly contravenes the plain language of section 604.50(1)....