| 1 | A bill to be entitled |
| 2 | An act relating to agricultural economic development; |
| 3 | creating s. 70.005, F.S.; providing a cause of action for |
| 4 | landowners aggrieved by certain changes to agricultural |
| 5 | land use; amending s. 163.2514, F.S.; defining the term |
| 6 | "agricultural enclave"; amending s. 163.2517, F.S.; |
| 7 | providing for amendment to a local government |
| 8 | comprehensive plan for an agricultural enclave; creating |
| 9 | s. 259.047, F.S.; providing requirements relating to |
| 10 | purchase of lands where an agricultural lease exists; |
| 11 | amending s. 373.236, F.S.; specifying conditions for |
| 12 | permit renewal for the consumptive use of water for |
| 13 | agricultural purposes; creating s. 373.407, F.S.; |
| 14 | providing for memoranda of agreement regarding |
| 15 | qualification for agricultural-related exemptions; |
| 16 | providing an effective date. |
| 17 |
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| 18 | WHEREAS, agricultural production is a major contributor to |
| 19 | the economy of the state, and |
| 20 | WHEREAS, agricultural lands constitute unique and |
| 21 | irreplaceable resources of statewide importance, and |
| 22 | WHEREAS, the continuation of agricultural activities |
| 23 | preserves the landscape and environmental resources of the |
| 24 | state, contributes to the increase of tourism, and furthers the |
| 25 | economic self-sufficiency of the people of the state, and |
| 26 | WHEREAS, the development, improvement, and encouragement of |
| 27 | the agricultural industry will result in a general benefit to |
| 28 | the health, safety, and welfare of the people of the state, NOW, |
| 29 | THEREFORE, |
| 30 |
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| 31 | Be It Enacted by the Legislature of the State of Florida: |
| 32 |
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| 33 | Section 1. Section 70.005, Florida Statutes, is created to |
| 34 | read: |
| 35 | 70.005 Cause of action.--Any landowner aggrieved by the |
| 36 | changing of an existing agricultural land use classification or |
| 37 | agricultural zoning or the lowering of the current residential |
| 38 | density designation by a county which creates an inordinate |
| 39 | burden on property classified as agricultural land pursuant to |
| 40 | s. 193.461 shall have an immediate cause of action in accordance |
| 41 | with the procedures provided in s. 70.001, except that the 180- |
| 42 | day notice period shall be reduced to a 60-day notice period. |
| 43 | Section 2. Subsections (1) and (2) of section 163.2514, |
| 44 | Florida Statutes, are renumbered as subsections (2) and (3), |
| 45 | respectively, and a new subsection (1) is added to said section |
| 46 | to read: |
| 47 | 163.2514 Growth Policy Act; definitions.--As used in ss. |
| 48 | 163.2511-163.2526: |
| 49 | (1) ?Agricultural enclave? means any undeveloped area |
| 50 | utilized for agricultural purposes and surrounded on at least 80 |
| 51 | percent of its perimeter by industrial, commercial, or |
| 52 | residential development that exists or has been approved by the |
| 53 | local government, and where public services, including water, |
| 54 | wastewater, transportation, schools, and recreational |
| 55 | facilities, are available or are scheduled to be provided as |
| 56 | part of an adopted 5-year schedule of capital improvements by |
| 57 | the local government or by an alternative public infrastructure |
| 58 | provider, including, but not limited to, any improvement |
| 59 | district, neighborhood improvement district, community |
| 60 | redevelopment district, or community development district. |
| 61 | Section 3. Subsection (7) is added to section 163.2517, |
| 62 | Florida Statutes, to read: |
| 63 | 163.2517 Designation of urban infill and redevelopment |
| 64 | area; agricultural enclave.-- |
| 65 | (7) In order to prevent urban sprawl and provide more |
| 66 | efficient delivery of municipal services and facilities, the |
| 67 | owner or owners of land defined as an agricultural enclave |
| 68 | pursuant to s. 163.2514(1) may apply for an amendment to the |
| 69 | local government comprehensive plan pursuant to s. 163.3187. |
| 70 | Such amendment may include land uses and intensities of use |
| 71 | consistent with the uses and intensities of use of surrounding |
| 72 | industrial, commercial, or residential areas. If such amendment |
| 73 | is consistent with applicable provisions of ss. 163.3177, |
| 74 | 163.3178, 163.3180, 163.3191, and 163.3245, the state |
| 75 | comprehensive plan, the appropriate regional policy plan, and |
| 76 | chapter 9J-5, Florida Administrative Code, the amendment shall |
| 77 | be deemed to prevent urban sprawl and be in compliance as |
| 78 | defined in s. 163.3184. |
| 79 | Section 4. Section 259.047, Florida Statutes, is created |
| 80 | to read: |
| 81 | 259.047 Purchase of lands where an agricultural lease |
| 82 | exists.--When lands are purchased pursuant to this chapter or |
| 83 | chapter 375 where an agricultural lease exists, the state shall |
| 84 | allow the lease to remain in force for the remainder of the |
| 85 | lease term up to 1 year from the purchase date prior to |
| 86 | canceling or bidding. The purchasing entity shall make every |
| 87 | effort to keep lands in agricultural production that are in |
| 88 | agricultural production at the time of purchase or have been in |
| 89 | agricultural production prior to purchase when removal of |
| 90 | agricultural production may cause a negative economic impact. |
| 91 | Section 5. Subsections (2) and (3) of section 373.236, |
| 92 | Florida Statutes, are renumbered as subsections (3) and (4), |
| 93 | respectively, and a new subsection (2) is added to said section |
| 94 | to read: |
| 95 | 373.236 Duration of permits; compliance reports.-- |
| 96 | (2) An application for renewal of a permit for |
| 97 | agricultural uses shall be deemed to have provided reasonable |
| 98 | assurances for a 20-year permit if the applicant has |
| 99 | demonstrated that there have been no adverse consequences during |
| 100 | the previous permit period, the total average daily usage will |
| 101 | not increase during the renewal period, and the permittee |
| 102 | intends to use the water supply for agricultural purposes during |
| 103 | the renewal period. A governing board or the department shall |
| 104 | issue a renewal permit for a minimum duration of 20 years. |
| 105 | Section 6. Section 373.407, Florida Statutes, is created |
| 106 | to read: |
| 107 | 373.407 Memorandum of agreement for an agricultural- |
| 108 | related exemption.--No later than July 1, 2005, the Department |
| 109 | of Agriculture and Consumer Services and each water management |
| 110 | district shall enter into a memorandum of agreement under which |
| 111 | the Department of Agriculture and Consumer Services shall issue |
| 112 | final determination as to whether an existing or proposed |
| 113 | activity qualifies for an agricultural-related exemption set |
| 114 | forth in s. 373.406(2). A memorandum of agreement shall provide |
| 115 | processes and procedures by which the Department of Agriculture |
| 116 | and Consumer Services shall undertake this review effectively |
| 117 | and efficiently and issue a determination. A memorandum of |
| 118 | agreement shall integrate the review and determination of the |
| 119 | Department of Agriculture and Consumer Services into the |
| 120 | regulatory program administered by a water management district |
| 121 | under this part. A memorandum of agreement shall be developed in |
| 122 | a public process and adopted by rule by each affected agency. |
| 123 | Except as provided in this section, nothing shall be construed |
| 124 | to diminish the authority of a water management district or the |
| 125 | Department of Environmental Protection under this part. |
| 126 | Section 7. This act shall take effect July 1, 2004. |