The Agricultural Exemptions Affidavit is a sworn statement, issued through the City of Cape Coral's planning staff, in which a property owner certifies that a proposed non-residential farm building is exempt from the requirements for a building permit under Florida Statute 604.50. If you are sorting out a Cape Coral permit question for a farm structure, this is the document that records the exemption claim. On this page you can fill out the form online on FillingPDF and download or print the completed PDF. The affidavit must be signed before a notary, and a sketch of the building location is attached.
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What is Agricultural Exemptions Affidavit – Cape Coral, FL?
The Agricultural Exemptions Affidavit is the City of Cape Coral form, printed under the title Agricultural Exempt Building Affidavit, in which an owner certifies that a proposed non-residential farm building is exempt from the requirements for a Building Permit under Florida Statute 604.50, Non-Residential Farm Buildings.
The form is issued by the Department of Development Services, City Planning Division, whose Tel. (239) 574-0553, Fax (239) 574-0591 and P.O. Box 150027, Cape Coral, FL 33915-0027 are printed in its header. Its two pages cover:
- the certification that the structure is a non-residential farm building on a farm as defined in Florida Statute 823.14;
- the property address, Parcel ID, Farm Name and a description of the agricultural products produced on the property;
- the type, use and size of the structure;
- the owner's certification that the information is true and correct to the best of their knowledge, and a notary block for a sworn statement.
The building may not be used as a residential dwelling or for personal storage. The form also warns that if the building later changes to support a nonagricultural use, the owner must obtain a permit for it from the Department of Development Services. It adds that permits may still be required from other governmental entities, such as the water management district or state or federal agencies. The affidavit does not itself grant any other approval.
Who needs to file Agricultural Exemptions Affidavit – Cape Coral, FL?
Owners of a farm in Cape Coral who plan a non-residential farm building and want to claim the building permit exemption under Florida Statute 604.50 complete this affidavit. The form refers to the owner throughout: the owner prints their name, signs, and gives their address and phone number.
Conditions printed on the form:
- The structure must be a non-residential farm building on a farm as defined in Florida Statute 823.14.
- It must not be used as a residential dwelling or for personal storage.
- The owner must be able to describe the agricultural product or products produced on the property.
Do not use this affidavit for a residential dwelling or a building meant for personal storage; the form does not cover them. If the building's use later changes to support a nonagricultural use, the exemption no longer applies and the owner must obtain a permit from the Department of Development Services. The form also reminds you that other governmental entities may require their own permits. It does not describe anyone signing on the owner's behalf.
When to file Agricultural Exemptions Affidavit – Cape Coral, FL
The affidavit describes a proposed structure, so it is completed when you plan a non-residential farm building and want it treated as exempt from a building permit, before the building is put up. The form prints no due date or filing window.
Timing also matters after the exemption is claimed: if the building's use changes at a later date to support a nonagricultural use, the owner is required to obtain a permit for that building from the Department of Development Services.
The form is marked "Last revised 10_20_2021 (subject to change)", so confirm with the Planning Division that you are using the current version before you sign it.
Documents you need
- A sketch on paper no smaller than 8.5" x 11" showing the location of the building(s), with North indicated, the existing structures on the property, and the distance from two intersecting property lines.
- Identification for the notarization: the notary block records whether you are personally known to the notary or produced identification, so bring identification if the notary does not know you.
How to fill out Agricultural Exemptions Affidavit – Cape Coral, FL
Identify the property and farm
Enter the Property Address, Parcel ID and Farm Name. Leave the "For Internal Use Only" Case and Date lines blank; they are for the City.
Enter the owner's name in the certification
On the opening statement ("This is to certify that I, ..."), write the owner's name on the blank line.
Describe the agricultural products
Under "Provide a description of the agricultural product(s) produced on the property," describe what the farm produces.
Describe the structure
Fill in Type of Structure, Use of Structure and Size. The use must be agricultural; the form does not allow a residential dwelling or personal storage.
Prepare and attach the location sketch
Draw a sketch on paper no smaller than 8.5" x 11" showing the building location, North, existing structures on the property, and the distance from two intersecting property lines.
Print name and sign as owner
On page 2, print the owner's name, sign, and enter the owner's address and phone number. Do this before the notary, as the form is a sworn statement.
Have the notary complete the jurat
The notary fills in the State and County, the day, month and year, and the name of the person who appeared, who is personally known or produced identification. The notary also adds the expiration date, commission number, stamp, signature and printed name.
Review and download the completed PDF
Check the property details, the sketch and the signatures, then download or print the completed PDF from FillingPDF and send it as described under How to submit.
How to submit Agricultural Exemptions Affidavit – Cape Coral, FL
The affidavit itself names no submission channel. Its header prints the contact details of the City Planning Division, Department of Development Services: Tel. (239) 574-0553, Fax (239) 574-0591 and P.O. Box 150027, Cape Coral, FL 33915-0027. Confirm with the Division which of these it wants you to use for this affidavit.
The City's Planning Division applications and documents page says applicants are encouraged to submit online using the CSS online portal, and that questions go to [email protected]. That page speaks about Planning Division applications in general, not this affidavit specifically.
Before sending, make sure the owner's signature is sworn before a notary public and the location sketch is attached. FillingPDF lets you fill out and download the PDF; submission follows the channels above.
Common mistakes to avoid
- Leaving out the sketch; the form's notes ask you to attach one showing the location of the building(s).
- Drawing the sketch on paper smaller than 8.5" x 11".
- Omitting from the sketch the North indicator, the existing structures on the property, or the distance from two intersecting property lines.
- Using the affidavit for a building that will be a residential dwelling or used for personal storage; the form says the structure shall not be used for either.
- Leaving the description of the agricultural products produced on the property blank.
- Signing the owner signature line without a notary present, when the form calls for a sworn or affirmed statement before a notary.
- Changing the building to a nonagricultural use later without obtaining a permit from the Department of Development Services.
- Assuming the affidavit covers every approval; the form states that permits may be required from other governmental entities such as the water management district or state or federal agencies.
Frequently asked questions
What is the Agricultural Exemptions Affidavit in Cape Coral?
It is a sworn statement in which a property owner certifies that a proposed non-residential farm building is exempt from building permit requirements under Florida Statute 604.50. The form is printed under the title Agricultural Exempt Building Affidavit and is issued by the City Planning Division.
Do I need a Cape Coral permit for a farm building?
The affidavit certifies an exemption from the building permit requirements under Florida Statute 604.50 for a non-residential farm building on a farm as defined in Florida Statute 823.14. The form also says other agencies, such as the water management district, may require their own permits.
Can I use this affidavit for a barn I will live in or use for storage?
No. The form states the structure shall not be used as a residential dwelling or for personal storage. If the building's use later changes to support a nonagricultural use, the owner must obtain a permit from the Department of Development Services.
Does the Agricultural Exemptions Affidavit need to be notarized?
Yes, the form includes a notary block: the owner's statement is sworn to (or affirmed) and subscribed before a notary, by physical presence or online notarization, and the notary signs, prints their name and adds the stamp.
What do I attach to the affidavit?
A sketch on paper no smaller than 8.5" x 11" showing the location of the building(s), with North indicated, the existing structures on the property and the distance from two intersecting property lines.
Where do I submit the Agricultural Exemptions Affidavit?
The form prints no channel, only the City Planning Division's phone, fax and P.O. Box 150027, Cape Coral, FL 33915-0027. The City's Planning page encourages online submission through the CSS portal and lists [email protected] for questions, so confirm the method with the Division.
Can I fill out the Agricultural Exemptions Affidavit online?
You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service, not connected to the City of Cape Coral, and it does not file the affidavit; you submit it through the City's channels.
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