An embattled St. Johns County Commission is still dealing with the effects of SB 686.
The law, which took effect July 1, gives developers a new path to seek approval for development on agricultural land that is already surrounded by existing development.
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Some commissioners say they were caught off guard by the law and its potential impact on the county.
Residents, one by one, have gone to the microphone during commission meetings, expressing their concerns over the law and flat-out asking commissioners not to approve some projects.
What SB 686 does
SB 686 established a process for what the law calls an agricultural enclave.
Under the law, land that developers say is at least 75% surrounded by existing development can be considered for development, among other things.
If a landowner files an agricultural enclave application, the county has 90 days to approve or deny it. If the county takes no action, the application is automatically certified.
During a county commission meeting, Kealey West, deputy county attorney, explained the board’s role prior to hearing one of the applications.
“The board is not being asked today whether it supports or opposes a particular development as a matter of policy. Rather, the board’s role is to determine, based upon the evidence presented, whether each application meets the requirements established by state law.”
Commissioners say they were blindsided
Some St. Johns County residents have expressed concerns about the law. Commissioner Ann Taylor said she was blindsided by its potential impact.
Taylor provided News4JAX with an email notice from the Florida Association of Counties and a memo from the county administrator. It does show they were made aware of the bill through the email and notice, but she says the stakes of the new law were not clear.
On July 1, the same day the law took effect, the county received multiple agricultural enclave applications.
News4JAX interviewed Taylor on Sept. 10 and asked her how things were going with SB 686 and the applications before the county.
“In a nutshell, not good, not good,” she said, adding, “I know that we were not notified as we thought we should have been.”
SB 686 was filed in December, approved by lawmakers during the legislative session in the spring, and signed into law by Gov. Ron DeSantis in April.
According to records obtained by McKenna Schueler with the Orlando Weekly and shared with News4JAX, staff members who worked for the bill’s sponsors — Sen. Stan McClain of Ocala and Rep. Adam Botana of Bonita Springs — exchanged drafts with the lobbying firm The Southern Group while developing the language.
Neither lawmaker responded to a request for comment.
The Southern Group has represented the LLC tied to the largest agricultural enclave application in St. Johns County: approximately 4,400 acres along the Intracoastal Waterway, north of Palm Valley Road and Nocatee.
The land is now owned by BR4700 LLC, which is tied to the Davis family, best known as the founders of Winn-Dixie. The family also worked with developers to create Nocatee.
News4JAX contacted The Southern Group to ask what input it had in drafting the bill and what the intention of the legislation was. The firm did not respond.
Questions about lobbying and conflicts
Commissioner Taylor also raised questions about the county’s lobbyist, The Florida Group, which will end its work for the county at the end of October.
In previous reporting, Taylor raised concerns that The Florida Group also represents the PARC Group, which submitted the agricultural enclave application for the 4,400 acres owned by the Davis family.
The Florida Group told News4JAX:
“Our firm upholds the highest ethical standards and we are careful to avoid any conflicts of interest. At no time did we advocate for passage of SB 686, and we did not have any conflicts of interest involving this legislation.”
News4JAX also contacted state Rep. Kim Kendall, who represents St. Johns County and voted for the bill.
Kendall was unable to speak with News4JAX on camera. In a video posted to her YouTube channel in mid-July, she said the bill did not appear to preempt local control and sounded like a well-balanced bill.
Kendall also said nobody had alerted her to any issues with the legislation. She added that if she had known it would be a problem, she would have voted against it.
News4JAX also contacted state Sen. Tom Leek, who represents the area. He did not respond.
On Sept. 15, the county commission voted 3-2 to reject the agricultural enclave application for the 4,400-acre property.
The decision is expected to lead to a legal battle.
The PARC Group told News4JAX:
“We believe the Commission’s decision is clearly inconsistent with the facts presented in our application and the County’s staff report recommending approval.”
