Is a farm building or farm sign exempt from the Florida Building Code, and does that cover a feed store?

Subject

Code Enforcement Boards -- Costs

Plain-English summary

The official Attorney General page lists this letter under the title "Code Enforcement Boards -- Costs," but the letter itself answers a different set of questions: it addresses the farm-building, farm-fence, and farm-sign exemptions in section 604.50, Florida Statutes. An assistant Polk County attorney asked whether a "nonresidential farm building" under section 604.50 covers buildings used for various purposes (including a feed store), what counts as a "nonresidential farm building on a farm" under section 553.73(10)(c) for Florida Building Code purposes, and what qualifies as a "farm sign."

The AG explained it could not give a formal opinion because the questions are mixed questions of law and fact, which only the courts can resolve. It offered informal comments instead. Section 604.50 provides that any nonresidential farm building, farm fence, or farm sign on land used for bona fide agricultural purposes is exempt from the Florida Building Code and any county or municipal code or fee, except for floodplain-management provisions (and farm signs on public roads must still meet certain outdoor-advertising standards). The statute defines a "nonresidential farm building" as a temporary or permanent structure either classified as such under section 553.73(10)(c) or used primarily for agricultural purposes, located on land integral to a farm operation or classified as agricultural under section 193.461, and not intended as a dwelling. The non-exclusive examples are barns, greenhouses, shade houses, farm offices, storage buildings, and poultry houses, and the AG read the common thread as "farm related."

On the feed-store question, the AG declined to decide, because whether a particular building qualifies turns on facts and on applying section 553.73(10)(c), which itself does not define "nonresidential farm buildings on farms." It noted the Department of Agriculture and Consumer Services has exclusive authority to adopt rule exceptions but had adopted none, and suggested contacting that department or seeking clearer legislative guidance. On farm signs, the statute is narrower: a "farm sign" must relate solely to produce, merchandise, or services sold, produced, manufactured, or furnished on the farm, so signs advertising nationally manufactured equipment or feed not produced on the farm fall outside the exemption.

Currency note

This opinion was issued in 2014. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Are farm buildings exempt from the Florida Building Code?
Section 604.50 exempts nonresidential farm buildings, farm fences, and farm signs located on land used for bona fide agricultural purposes from the Florida Building Code and most county and municipal codes and fees, except floodplain-management provisions.

What makes a building a "nonresidential farm building"?
Under the statute, it is a temporary or permanent structure classified as such under section 553.73(10)(c) or used primarily for agricultural purposes, located on land integral to a farm operation or classified as agricultural under section 193.461, and not meant as a dwelling. Examples include barns, greenhouses, and storage buildings.

Does the exemption cover a feed store?
The AG would not decide. Whether a building used as a feed store qualifies is a mixed question of law and fact tied to section 553.73(10)(c), which has no definition of "nonresidential farm buildings on farms," so the AG pointed to the Department of Agriculture and possible legislative clarification.

What counts as an exempt "farm sign"?
A sign that relates solely to produce, merchandise, or services sold, produced, manufactured, or furnished on the farm. Signs advertising products not produced or sold on the farm, such as nationally manufactured equipment, are outside the exemption.

Background and statutory framework

Chapter 604 contains Florida's general agricultural laws, and section 604.50 is the specific exemption for farm structures and signs. Section 604.50(1) sets the broad exemption from the Florida Building Code and local codes and fees; section 604.50(2)(c) defines "farm sign." The Building Code cross-reference is section 553.73(10)(c), which exempts "nonresidential farm buildings on farms" without defining the phrase, and section 553.73(10) gives the Department of Agriculture and Consumer Services exclusive authority to adopt rule exceptions when needed for public health, safety, and welfare (none had been adopted). Agricultural classification is governed by section 193.461.

Because the controlling terms are undefined and fact-bound, the AG relied on s. 16.01(3) to explain it could give only informal comments, not a binding determination. For interpreting the statutory list of building types, it cited the doctrine of noscitur a sociis through Turnberry Isle Resort and Club v. Fernandez and Cepcot Corporation v. Department of Business and Professional Regulation, which read undefined terms in light of the words around them. That is the basis for the AG's view that a qualifying building must be genuinely farm related.

Citations

• section 604.50, Florida Statutes
• Section 604.50(1), Fla. Stat.
• Section 604.50(2)(c), Florida Statutes
• section 553.73(10)(c), Florida Statutes
• Section 553.73(10), Florida Statutes
• Chapter 604, Florida Statutes
• section 193.461, Florida Statutes
• s. 16.01(3), Fla. Stat.
• Turnberry Isle Resort and Club v. Fernandez, 666 So. 2d 254 (Fla. 3d DCA 1996)
• Cepcot Corporation v. Department of Business and Professional Regulation, Construction Industry Licensing Board, 658 So. 2d 1092 (Fla. 2d DCA 1995)

Source

• Landing page: https://www.myfloridalegal.com/ag-opinions/code-enforcement-boards-costs
• Original PDF: https://www.myfloridalegal.com/print/pdf/node/8097

Original opinion text

Mr. Michael S. Craig

Office of the County Attorney

Polk County

Post Office Box 9005

Bartow, Florida 33831-9005

Attn: Mr. Randy M. Mink

Assistant County Attorney

Dear Mr. Mink:

You have asked for this office's assistance in addressing several questions relating to section 604.50, Florida Statutes. More specifically, you have asked whether a "nonresidential farm building" under section 604.50, Florida Statutes, would include buildings used for various purposes. You also ask what would constitute a "nonresidential farm building[s] on [a] farm[s]" as that term is used in section 553.73(10)(c), Florida Statutes, for purposes of the Florida Building Code and whether a building used for a particular purpose may fall within the scope of that phrase. Finally, you have asked for clarification of what may constitute a "farm sign" under section 604.50, Florida Statutes. Attorney General Bondi has asked me to respond to your letter.

After reviewing your letter and the material submitted with the request, I must advise you that the Attorney General is statutorily limited to providing legal opinions on questions of state law.[1] Resolution of mixed questions of law and fact, which are the province of the judiciary, are not within the statutory authority of this office. However, in an effort to be of some assistance to you, I provide the following informal comments.

Chapter 604, Florida Statutes, sets forth this state's general agricultural laws. Section 604.50, Florida Statutes, the statute about which you have inquired, relates to nonresidential farm buildings, farm fences, and farm signs and their treatment under the Florida Building Code and local code provisions. The statute provides that:

"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[2] 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. 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)."[3]

The statute contains a definition of "nonresidential farm building" in subsection (2)(d):

"'Nonresidential farm building' means 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)[4] 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. The term may include, but is not limited to, a barn, greenhouse, shade house, farm office, storage building, or poultry house."

Pursuant to the statute, a "nonresidential farm building" may be a temporary or permanent building or a support structure. It must be classified as a nonresidential farm building on a farm under the Florida Building Code or used primarily for agricultural purposes.[5] It must be located on land integral to a farm operation or classified as agricultural land for purposes of tax classification and assessment. Buildings intended to be used as residential dwellings do not qualify for the exemption under section 604.50, Florida Statutes. While the Legislature has provided a non-exclusive list of what it considers representative of "nonresidential farm buildings," i.e., barns, greenhouses, shade houses, farm offices, storage buildings, or poultry houses, it would appear that a building categorized as a "nonresidential farm building" must be farm related.[6]

You have asked whether the term "nonresidential farm building" may be applied to a building on a farm or land classified as agricultural under section 193.461, Florida Statutes, if the building is being used as a feed store under various scenarios.[7] As indicated in my initial comments, this office has no authority to resolve mixed questions of law and fact. It appears that a resolution of your questions involves a determination of what may qualify as a "nonresidential farm building" or a "nonresidential farm building on a farm." Any such determination involves application of section 553.73(10)(c), Florida Statutes. This provision of the Florida Building Code, which exempts these structures from regulation under the Building Code, contains no definition of the term "nonresidential farm buildings on farms." In the absence of a more definite legislative expression of what may constitute a "nonresidential farm building" or a "nonresidential farm building on a farm" this office cannot make such a determination.

Section 553.73(10), Florida Statutes, provides that

"The Department of Agriculture and Consumer Services shall have exclusive authority to adopt by rule, pursuant to chapter 120, exceptions to nonresidential farm buildings exempted in paragraph (c) when reasonably necessary to preserve public health, safety, and welfare."

This office is aware of no administrative rule adopted by the Department of Agriculture and Consumer Services pursuant to this statutory section.[8]

In light of the Department of Agriculture's authority in this area, you may wish to contact the department to request their assistance in addressing your questions. It may also be advisable for the Legislature to more clearly express their intent with regard to the commercial use of what may be classified as "nonresidential farm buildings" and whether that use may remove any such building from the scope of the exemption.

You have also asked whether a "farm sign" exempted under section 604.50, Florida Statutes, would include signs that advertise products for sale, but not produced on the property upon which the building is located or nationally manufactured agricultural equipment or nationally produced feed that is sold on the land.

Section 604.50(2)(c), Florida Statutes, provides the Legislature's definition of a "farm sign" for purposes of the statute:

"'Farm sign' means a sign erected, used, or maintained on a farm by the owner or lessee of the farm which relates solely to farm produce, merchandise, or services sold, produced, manufactured, or furnished on the farm."

Thus, the Legislature has determined that a farm sign must relate solely to farm produce, merchandise, or services which are sold, produced, manufactured, or furnished on the farm. Signs advertising merchandise, produce or services which are not sold, produced, manufactured, or furnished on the farm are outside the scope of the statute and may not take advantage of the exemption from the Florida Building Code and other county or municipal regulation.

I trust that these informal comments will be helpful to you in advising your client, the Board of County Commissioners of Polk County. We appreciate the opportunity to be of assistance.

Sincerely,

Gerry Hammond

Senior Assistant Attorney General

GH/tsh

[1] See s. 16.01(3), Fla. Stat., and Department of Legal Affairs Statement Concerning Opinions available at www.myfloridalegal.com.

[2] A "bona fide agricultural purpose[s]" is defined in section 193.461(3)(b), Fla. Stat. (this statute deals with the classification and assessment of agricultural lands), to mean:

"(b). . . . The term 'bona fide agricultural purposes' means good faith commercial agricultural use of the land.

1. In determining whether the use of the land for agricultural purposes is bona fide, the following factors may be taken into consideration:

a. The length of time the land has been so used.

b. Whether the use has been continuous.

c. The purchase price paid.

d. Size, as it relates to specific agricultural use, but a minimum acreage may not be required for agricultural assessment.

e. Whether an indicated effort has been made to care sufficiently and adequately for the land in accordance with accepted commercial agricultural practices, including, without limitation, fertilizing, liming, tilling, mowing, reforesting, and other accepted agricultural practices.

f. Whether the land is under lease and, if so, the effective length, terms, and conditions of the lease.

g. Such other factors as may become applicable.

2. Offering property for sale does not constitute a primary use of land and may not be the basis for denying an agricultural classification if the land continues to be used primarily for bona fide agricultural purposes while it is being offered for sale.

[3] Section 604.50(1), Fla. Stat.

[4] Section 553.73(10)(c), Fla. Stat., states that "[n]onresidential farm buildings on farms" are exempt from the Florida Building Code as provided by law.

[5] See s. 604.50(2)(a), Fla. Stat., for a definition of "bona fide agricultural purposes" for use in s. 604.50, Fla. Stat., and n.1 for the text of s. 193.461(3)(b), Fla. Stat.

[6] See Turnberry Isle Resort and Club v. Fernandez, 666 So. 2d 254 (Fla. 3d DCA 1996) (under the doctrine of noscitur a sociis, the meaning of statutory terms, and the legislative intent behind them, may be discovered by referring to words associated with them in the statute); Cepcot Corporation v. Department of Business and Professional Regulation, Construction Industry Licensing Board, 658 So. 2d 1092 (Fla. 2d DCA 1995) (court looked to the terms "construct," "repair," "remodel," and "demolish," in the statute to determine what types of duties were encompassed by the use of the terms "alter" and "improve"); Ops. Att'y Gen. Fla. 00-07 (2000) (while staff analysis refers to "invoices," that term should be construed in light of the other types of information referenced), 94-12 (1994), and 90-55(1990).

[7] Compare Rule 40D-400.550, F.A.C., promulgated by the Southwest Florida Water Management District which qualifies "nonresidential farm buildings" as being used "solely for agricultural purposes[;]" and Rule 62-330.550, F.A.C., which includes similar limiting language relating to construction permits issued by the Department of Environmental Protection. (e.s.)

[8] This office has communicated with the Department of Agriculture and Consumer Services and been advised that no such rules have been promulgated.