City Council Workshop on Free to Garden Act and Pathways for Urban Agriculture – August 20, 2026

This workshop, held on August 20, 2026 at City Hall, was convened by Council Vice President Joe Carlucci and District 7 Councilmember Jimmy Peluso, along with representatives from the Mayor's Office and city planning departments. The purpose was to discuss the proposed "Free to Garden Act" and the administration's alternative "Pathways for Urban Agriculture Act," focusing on clarifying regulations for urban gardening, community gardens, and market gardens in Jacksonville. Public testimony was heard, and detailed discussions covered definitions, sales limits, variance fees, HOA conflicts, and next steps for companion legislation on home occupations.

Public Comments & Testimony

• Jennifer Lincoln, a small business owner and chair of the digital county agricultural place, stated that Jacksonville lacks a land use category for urban gardens, forcing many to operate in a gray area. She expressed strong support for clear rules that define market gardens, protect neighbors, and allow on-site sales, noting that current code can lead to citations for lack of a Certificate of Use even when no appropriate category exists. She emphasized the need for reasonable standards on hours, noise, lighting, composting, and parking.
• Nathan, another community member, thanked the council and city staff for the workshop and expressed appreciation for the collaborative effort to develop a workable policy, noting that the community has long desired to be in the room to workshop solutions.

Discussion Items

• Home Occupation Bill Update: Councilmember Peluso reported that the Home Occupation Bill (phase one) aligns city code with recent Florida state law, allowing homesteaded properties to sell home-produced goods. The bill was delayed due to special overlay requirements in areas like Riverside Avondale and Springfield. It is now scheduled for committee hearings on August 31, 2026 (Neighborhoods, Rules, and Land Use & Zoning committees) and a final city council vote on September 8, 2026. The bill applies citywide.
• Pathways for Urban Agriculture Act Proposal: The administration, led by Britney Norris (Mayor's Office) and Planning Director Parola, presented this alternative to the Free to Garden Act. Key provisions include:
  • Defining "urban agriculture," "community garden," and "market garden" in the zoning code.
  • Allowing community and market gardens in all residential and commercial districts.
  • Market gardens may conduct on-site sales of goods grown on site up to 12 times per year, from sunrise to sunset.
  • Gardens cannot exceed 2.5 acres.
  • Structures over 30 inches must comply with building codes.
  • Prohibits heavy equipment except during active work; requires compliance with fertilizer and runoff regulations.
  • A variance process is available through the Planning Commission for exceeding those limits or modifying standards, with base fees of $1,161 plus $7 per property notification fee (typically totaling $1,300–$1,400).
• Concerns About Variance Fees: Councilmembers Pittman and Chair expressed concerns that the fees are too burdensome for small-scale urban farmers and proposed a one-year pilot with waived or reduced fees. The Chair suggested using up to $10,000–$15,000 from the Northwest Trust Fund for food deserts to cover first-year costs. Councilmember Carlucci opposed general fee waivers, arguing it would set a precedent unfair to other small businesses (e.g., food cart operators) who must pay similar fees. Planning Director noted that notification costs are typically $350 or less.
• Variance Jurisdiction: The Chair asked if variance reviews could be moved from the Planning Commission to the Land Use & Zoning (LUZ) committee to give council members more input. The administration agreed to consider a code amendment for that purpose.
• Existing Rights Clarification: Officials clarified that current code already allows anyone to grow food on their property; the issue is sales. Community gardens have been allowed by the comprehensive plan but not clearly defined in zoning, which this bill remedies.
• HOA Regulations: City staff explained that private HOAs are governed by separate contracts and city code cannot override them, though state law may limit HOA restrictions on certain gardening activities.
• No Revenue Cap: Unlike the original Free to Garden Act, the Pathways bill does not place a cap on dollar sales, only on sale days.

Key Outcomes

• The Home Occupation Bill timeline was confirmed: committees on August 31, full council on September 8.
• The Pathways for Urban Agriculture Act will be revised to address concerns about variance fees and potentially include a fee waiver pilot or reduced fees for the first year. The Chair committed to bringing the revised proposal back for further public discussion before committee hearings.
• Additional meetings may be scheduled to vet the Home Occupation Bill with impacted communities.
• No formal votes were taken; the workshop served as a collaborative working session.