ST. JOHNS COUNTY, Fla. – St. Johns County commissioners voted Tuesday to have the County Attorney’s Office explore whether the county has legal grounds to challenge Florida’s agricultural enclave law, Senate Bill 686.
RELATED: 4,000 acres near Nocatee could be developed under Florida’s new agricultural enclave law
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Commissioners engaged in a lengthy discussion about the legislation, with several raising concerns that it could limit local control over land-use decisions and how future growth is managed.
Chair Clay Murphy said he believes the county should determine whether it has standing to challenge the law before committing taxpayer dollars to litigation.
“We do need to have some kind of response to this,” Murphy said.
Commissioner Krista Joseph agreed the county should pursue its legal options even suggesting outside counsel, saying she believes the legislation raises questions about local home rule.
“Basically, it’s an erosion of home rule. We’ve had black cloud over our head,” Joseph said.
The discussion also centered on a proposed agricultural enclave development spanning more than 4,400 acres. Some commissioners referenced the potential for thousands of homes under the proposal.
However, the attorney representing the applicant pushed back on those figures, telling commissioners the proposal is based on one residential unit per acre, not the higher numbers discussed during the meeting.
“I realize you are having a hearing about the injunction. We are not here to talk about any specific agricultural enclave applications that have been filed. but I want to correct the record, because there was a misstatement of fact made about the application that our firm filed. The requested application is for one unit per acre, not six units per acre,” Ellen Avery Smith said.
We reached out to the firm and they sent us this statement:
“On behalf of the Davis Family, The PARC Group is seeking Agricultural Enclave certification for 4,462 acres in St. Johns County. Agricultural Enclave is a state designation that allows for a streamlined review process for single-family development that is consistent with surrounding land uses. Our application provides for a maximum density of 1 unit per acre. This process supports responsible long-range planning in areas near existing infrastructure and population centers that can efficiently accommodate future community needs. The PARC Group, working in partnership with the Davis Family, has a long history of creating high-quality, master-planned communities in Northeast Florida, including Nocatee, eTown, and EverRange. These communities reflect a continued commitment to thoughtful planning, meaningful infrastructure investment, preservation of natural areas, and the creation of connected neighborhoods with parks, trails, amenities, and community gathering places.”
Rather than immediately pursuing a lawsuit, commissioners directed the County Attorney’s Office to find out a cost analysis and viability of an injunction going forward. That passed 5-0.
“A motion was made and seconded to move forward to ask our legal department to do two things. We wanted to get a consultation with an outside consultant to find out the viability of getting an injunction. The second thing is we wanted to find out how much it was going to cost,” Murphy said.
A public hearing is scheduled for Aug. 19 to discuss the agricultural enclave applications.