Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. CS for CS for HB 979
       
       
       
       
       
       
                                Barcode 543740                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                Floor: 1/AD/2R         .         Floor: SENA1/C         
             03/08/2012 03:15 PM       .      03/08/2012 05:23 PM       
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Bennett moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 329 and 330
    4  insert:
    5         Section 4. (1) Notwithstanding ss. 163.3162 and 163.3164,
    6  Florida Statutes, the owner of a parcel of land located in an
    7  unincorporated area of a county that qualifies as an
    8  agricultural enclave under subsection (2) may apply for an
    9  amendment to the local government comprehensive plan pursuant to
   10  s. 163.3184, Florida Statutes. The subject of the amendment is
   11  presumed not to be urban sprawl, as defined in s. 163.3164,
   12  Florida Statutes, if it proposes land uses and intensities of
   13  use that are consistent with the existing uses and intensities
   14  of use of, or consistent with the uses and intensities of use
   15  authorized for, the industrial, commercial, or residential areas
   16  that surround the parcel. If the parcel of land that is the
   17  subject of an amendment under this section is abutted on all
   18  sides by land having only one land use designation, the same
   19  land use designation must be presumed by the county to be
   20  appropriate for the parcel. The county shall, after considering
   21  the proposed density and intensity, grant the parcel the same
   22  land use designation as the surrounding parcels that abut the
   23  parcel unless the county finds by clear and convincing evidence
   24  that the grant would be detrimental to the health, safety, and
   25  welfare of its residents.
   26         (2) In order to qualify as an agricultural enclave under
   27  this section, the parcel of land must be a parcel that:
   28         (a) Is owned by a single person or entity;
   29         (b) Has been in continuous use for bona fide agricultural
   30  purposes, as defined by s. 193.461, Florida Statutes, for at
   31  least 5 years before the date of any comprehensive plan
   32  amendment application;
   33         (c) Is surrounded on at least 95 percent of its perimeter
   34  by property that the local government has designated as land
   35  that may be developed for industrial, commercial, or residential
   36  purposes; and
   37         (d) Does not exceed 640 acres but is not smaller than 500
   38  acres.
   39         (3) This section does not preempt or replace the protection
   40  currently existing for property located within the boundaries
   41  of:
   42         1. The Wekiva Study Area, as described in s. 369.316,
   43  Florida Statutes; or
   44         2. The Everglades Protection Area, as defined in s.
   45  373.4592(2), Florida Statutes.
   46  
   47  In order to qualify under this section as an enclave, the owner
   48  of a parcel of land meeting the requirements of subsection (2)
   49  must submit a written application to the county by January 1,
   50  2013.
   51  
   52  ================= T I T L E  A M E N D M E N T ================
   53         And the title is amended as follows:
   54         Delete line 24
   55  and insert:
   56         regional-impact development order; providing a
   57         presumption that certain agricultural enclaves do not
   58         constitute urban sprawl; establishing qualifications
   59         for designation as an agricultural enclave for such
   60         purpose and establishing exceptions from the
   61         definition for designated protected areas; providing
   62         an