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Independent Reporting · Palm Coast, Florida
Westward Expansion Investigation  ·  SB 686

Westward Expansion: Is SB 686 a Back Door? We Did the Math


For years, when a developer showed up wanting to build on land the city hadn’t approved for building, the city had one word that ended the conversation. No.

It doesn’t work that way anymore — not for land that clears the formula SB 686 creates. Florida passed a law this year that gives certain landowners into something called “agricultural enclave” status:

: the landowner writes the city a letter claiming the status. The city has 30 days to check the math, 30 more to hold a hearing and say yes or no. Miss either deadline, and the land is certified whether anybody checked it or not.

And “check the math” is all it is. The city doesn’t get to weigh in on whether this is a good idea, whether the land can handle it, whether the neighbors want it. It can only check whether the numbers add up.

To be clear, the Florida Legislature created a process by which landowners can shove a development down the throat of a local government — and it could have been worse. Had SB 1014, a companion bill, passed, that government could have been forced to connect that development to its own water and sewer system. It died in the House in March. It’s possible it comes back next session.

So is SB 686 a backdoor to Westward Expansion?

No. We did the math.

We checked all 83 parcels in the old tract. Forty-seven of them touch land the law might recognize as qualifying. That’s not the same as qualifying — the law asks how much of the parcel’s edge, not whether it has a neighbor. So we measured the actual boundary, in feet, on all forty-seven.

Best result: 44.48 percent. The bar is 75. Nothing came close.

This isn’t the whole story, though. SB 686 is one law. SB 180 and HB 399 are the others — a freeze on tightening local rules, a squeeze on how cities enforce the rules they still have. We’ll be back with the full picture on just how far Tallahassee has gone to tie a local government’s hands in favor of the people building on the land it governs.

— Johnny Diamond  ·  PalmCoastStorylines.com


Sources
D1  ·  sb686-methodology-and-provenance-2026-08-28
SB 686 Perimeter-Adjacency Analysis: Methodology & Full Parcel Results

Every data source, every judgment call, and the complete 47-parcel results table — disclosed in full so the “44.48 percent” finding above can be checked, not just trusted.

Agricultural Enclave Certification — the Three Pathways


Pathway 1 — F.S. §163.3164(4)

An agricultural enclave is “surrounded on at least 75 percent of its perimeter by” either property that “has existing industrial, commercial, or residential development,” or property designated on the local government’s comprehensive plan and future land use map “as land that is to be developed for industrial, commercial, or residential purposes,” with at least 75 percent of that bordering land itself already built out.

Pathway 2 — F.S. §163.3164(4) (not applicable to this tract)

A parcel or set of parcels “75 percent surrounded by a combination of an interstate highway and a parcel or parcels that are within an urban service district, area, or line which are designated in the local government’s future land use map as land to be developed for industrial, commercial, or residential purposes.” No interstate runs near this tract, so this pathway was excluded from our screen on geography alone.

Pathway 3 — F.S. §163.3162(4)

As an alternative to the 75 percent test, a parcel or set of parcels “of less than 700 acres” qualifies if it is “50 percent surrounded by planned development and sharing 50 percent of its perimeter with an urban service district, area, or line.”


Source: Florida Senate Bill Analysis and Fiscal Impact Statement, CS/CS/CS/SB 686 (2026), Community Affairs Committee — summarizing the enrolled amendments to §§ 163.3162 and 163.3164, Fla. Stat. Chapter 2026-34, Laws of Florida. Effective July 1, 2026; agricultural-enclave provisions sunset January 1, 2028 absent renewal. Read the enrolled bill text →

The Certification Process


The application — (4)(a)

“Notwithstanding any other law or local ordinance, resolution, or regulation, the owner of a parcel of land may apply to the governing body of the local government for certification of the parcel as an agricultural enclave… if one or more adjacent parcels or an adjacent development permits the same density as, or higher density than, the proposed development.”

The 30-day report — (4)(b)

“Within 30 days after the local government’s receipt of such an application, the local government shall provide to the applicant a written report detailing whether the application complies with the requirements of paragraph (a).”

The 30-day hearing — and the 90-day default — (4)(c)

“Within 30 days after the local government provides the report… the local government shall hold a public hearing to approve or deny certification of the parcel as an agricultural enclave. If the local government does not approve or deny certification of the parcel as an agricultural enclave within 90 days after receipt of the application, the parcel must be certified as an agricultural enclave.”

If denied — (4)(d)

“…the governing body of the local government must issue its decision in writing with detailed findings of fact and conclusions of law. The applicant may seek review of the denial by filing a petition for writ of certiorari in the circuit court within 30 days after the date the local government renders its decision.”

If approved — the conforming-use override — (4)(e)–(f)

“…the owner of the parcel certified as an agricultural enclave may submit development plans for single-family residential housing which are consistent with the land use requirements, or future land use designations… of one or more adjacent parcels or an adjacent development. A development for which plans are submitted under this paragraph must be treated as a conforming use, notwithstanding the local government’s comprehensive plan, future land use designation, or zoning.”

“A local government may not enact or enforce a law or regulation for an agricultural enclave which is more burdensome than for other types of applications for comparable uses or densities.”


Source: CS/CS/CS/SB 686 (2026), enrolled text, F.S. §163.3162(4), as amended. Chapter 2026-34, Laws of Florida. Effective July 1, 2026. Read the enrolled bill text →