In a ruling issued on Monday, Florida Attorney General Bill McCollum said that Citrus County must make the final decision regarding zoning of property owned by State Rep. Charlie Dean.

Dean's home, east of Inverness near the Withlacoochee River, has drawn fire in recent months from residents in the area who have claimed the home is not a barn used for agricultural purposes as defined under the state's Right to Farm Act, but is a home, complete with two bedrooms, a bathroom and a kitchen.

Following tense public comment on the matter before the county commission, commissioners decided in April to refer the matter to the McCollum to give an opinion as to whether Dean was within state law for the use of the property as agricultural.

The task of drafting questions for the AG fell to Assistant County Attorney Gregg Brennan, who crafted two questions:

• Does the term "residential" in section 604.50, Florida Statutes, require that persons reside in the dwelling on a full-time basis in order to remove the building from the exemption for nonresidential farm building under this section?
• Regardless of whether a building is determined to be "residential," does the county have the authority to enforce its zoning regulations regarding the construction of the building on land classified as agriculture under section 193.461, Florida Statutes, if those regulations do not limit the operational activity of the bona fide farm operation?

In answer to the first question, McCollum said, "The term "residential" in section 604.50, Florida Statutes, does not require that persons reside in the dwelling on a full-time basis in order to remove the building from the exemption for nonresidential farm building under this section." He also added, "The application of the Florida Building Code to a structure in any given instance, however, is one that the county must make."

In answer to the section question, McCollum said, "The county has the authority to enforce its zoning regulations regarding the construction of a building on land classified as agriculture under section 193.461, Florida Statutes, if those regulations do not limit the operational activity of the bona fide farm operation."

The opinion concludes by saying, " Accordingly, this office continues to be of the opinion that a nonresidential farm building would be subject to a zoning compliance permit to the extent such a permitting requirement does not prohibit, restrict, regulate or otherwise limit an activity of the farm.

"I am therefore of the opinion that the county has the authority to enforce its zoning regulations regarding the construction of a building on land classified as agriculture under section 193.461, Florida Statutes, if those regulations do not limit the operational activity of the bona fide farm operation."

Dean, meanwhile, has been largely silent throughout the controversy, except for a recent statement given to the local newspaper, along with comments from his attorney, David Ramba, in which said he would work with the county to resolve the issue.

Fast Facts:

• Read the AG opinion in its entirety here.

Related Stories and videos:

• Charlie Dean's 'barn' surfaces at county commission meeting
• County to seek Attorney General opinion about Dean's 'barn'
• County asks state for opinion in Dean 'barn' exemption case