| 1 | The Committee on Agriculture recommends the following: |
| 2 |
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| 3 | Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to agricultural economic development; |
| 7 | creating s. 70.005, F.S.; providing a cause of action for |
| 8 | landowners aggrieved by certain changes to agricultural |
| 9 | land use; amending s. 163.2514, F.S.; defining the term |
| 10 | "agricultural enclave"; amending s. 163.2517, F.S.; |
| 11 | providing for an amendment to a local government |
| 12 | comprehensive plan for an agricultural enclave; creating |
| 13 | s. 259.047, F.S.; providing requirements relating to |
| 14 | acquisition of lands where an agricultural lease exists; |
| 15 | amending s. 373.0361, F.S.; providing for use of best |
| 16 | available data on population projections for determining |
| 17 | regional water supply needs; providing for a list of water |
| 18 | source options in regional water supply plans; providing |
| 19 | for recognition that alternative water source options for |
| 20 | agricultural self-suppliers are limited; amending s. |
| 21 | 373.236, F.S.; requiring water management districts to |
| 22 | inform landowners of the option for a consumptive use |
| 23 | permit; creating s. 373.407, F.S.; providing for memoranda |
| 24 | of agreement regarding qualification for agricultural- |
| 25 | related exemptions; providing an effective date. |
| 26 |
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| 27 | WHEREAS, agricultural production is a major contributor to |
| 28 | the economy of the state, and |
| 29 | WHEREAS, agricultural lands constitute unique and |
| 30 | irreplaceable resources of statewide importance, and |
| 31 | WHEREAS, the continuation of agricultural activities |
| 32 | preserves the landscape and environmental resources of the |
| 33 | state, contributes to the increase of tourism, and furthers the |
| 34 | economic self-sufficiency of the people of the state, and |
| 35 | WHEREAS, the development, improvement, and encouragement of |
| 36 | the agricultural industry will result in a general benefit to |
| 37 | the health, safety, and welfare of the people of the state, NOW, |
| 38 | THEREFORE, |
| 39 |
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| 40 | Be It Enacted by the Legislature of the State of Florida: |
| 41 |
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| 42 | Section 1. Section 70.005, Florida Statutes, is created to |
| 43 | read: |
| 44 | 70.005 Cause of action.--The landowner aggrieved by the |
| 45 | changing of an existing agricultural land use classification or |
| 46 | agricultural zoning or the lowering of the current residential |
| 47 | density designation by a county which creates an inordinate |
| 48 | burden on property classified as agricultural land pursuant to |
| 49 | s. 193.461 shall have an immediate cause of action in accordance |
| 50 | with the procedures provided in s. 70.001, except that the 180- |
| 51 | day notice period shall be reduced to a 60-day notice period. |
| 52 | Section 2. Subsections (1) and (2) of section 163.2514, |
| 53 | Florida Statutes, are renumbered as subsections (2) and (3), |
| 54 | respectively, and a new subsection (1) is added to said section |
| 55 | to read: |
| 56 | 163.2514 Growth Policy Act; definitions.--As used in ss. |
| 57 | 163.2511-163.2526: |
| 58 | (1) "Agricultural enclave" means any unincorporated, |
| 59 | undeveloped area utilized for bona fide agricultural purposes |
| 60 | continuously for a period of 5 years, as defined by s. 193.461, |
| 61 | and surrounded on at least 80 percent of its perimeter by |
| 62 | industrial, commercial, or residential development that exists |
| 63 | or has been approved by the local government, and where public |
| 64 | services, including water, wastewater, transportation, schools, |
| 65 | and recreational facilities, are available or are scheduled to |
| 66 | be provided as part of an adopted 5-year schedule of capital |
| 67 | improvements by the local government or by an alternative public |
| 68 | infrastructure provider, including, but not limited to, any |
| 69 | improvement district, neighborhood improvement district, |
| 70 | community redevelopment district, or community development |
| 71 | district. |
| 72 | Section 3. Subsection (7) is added to section 163.2517, |
| 73 | Florida Statutes, to read: |
| 74 | 163.2517 Designation of urban infill and redevelopment |
| 75 | area; agricultural enclave.-- |
| 76 | (7) In order to prevent urban sprawl and provide more |
| 77 | efficient delivery of municipal services and facilities, the |
| 78 | owner or owners of land defined as an agricultural enclave |
| 79 | pursuant to s. 163.2514(1) may apply for an amendment to the |
| 80 | local government comprehensive plan pursuant to s. 163.3187. |
| 81 | Such amendment may include land uses and intensities of use |
| 82 | consistent with the uses and intensities of use of surrounding |
| 83 | industrial, commercial, or residential areas. If such amendment |
| 84 | is otherwise consistent with applicable provisions of ss. |
| 85 | 163.3177, 163.3178, 163.3180, 163.3191, and 163.3245, the state |
| 86 | comprehensive plan, the appropriate regional policy plan, and |
| 87 | chapter 9J-5, Florida Administrative Code, the amendment shall |
| 88 | be deemed to prevent urban sprawl and be in compliance as |
| 89 | defined in s. 163.3184. |
| 90 | Section 4. Section 259.047, Florida Statutes, is created |
| 91 | to read: |
| 92 | 259.047 Acquisition of lands where an agricultural lease |
| 93 | exists.-- |
| 94 | (1) When land with an existing agricultural lease is |
| 95 | acquired in fee simple pursuant to this chapter or chapter 375, |
| 96 | the existing agricultural lease may continue in force for the |
| 97 | actual time remaining on the lease agreement. Any entity |
| 98 | managing lands acquired under this section must consider |
| 99 | existing agricultural leases in the development of a land |
| 100 | management plan required under the provisions of s. 253.034. |
| 101 | (2) Where consistent with the purposes for which the |
| 102 | property was acquired, the state or acquiring entity shall make |
| 103 | reasonable efforts to keep lands in agricultural production |
| 104 | which are in agricultural production at the time of acquisition. |
| 105 | Section 5. Paragraph (a) of subsection (2) of section |
| 106 | 373.0361, Florida Statutes, is amended to read: |
| 107 | 373.0361 Regional water supply planning.-- |
| 108 | (2) Each regional water supply plan shall be based on at |
| 109 | least a 20-year planning period and shall include, but not be |
| 110 | limited to: |
| 111 | (a) A water supply development component that includes: |
| 112 | 1. A quantification of the water supply needs for all |
| 113 | existing and reasonably projected future uses within the |
| 114 | planning horizon. The level-of-certainty planning goal |
| 115 | associated with identifying the water supply needs of existing |
| 116 | and future reasonable-beneficial uses shall be based upon |
| 117 | meeting those needs for a 1-in-10-year drought event. Population |
| 118 | projections used for determining public water supply needs must |
| 119 | be based upon the best available data. In determining the best |
| 120 | available data, the district shall consider the University of |
| 121 | Florida's Bureau of Economic and Business Research (BEBR) medium |
| 122 | population projections and any population projection data and |
| 123 | analysis submitted by a local government pursuant to the public |
| 124 | process described in subsection (1) if the data and analysis |
| 125 | support the local government's comprehensive plan. Any |
| 126 | adjustment of or deviation from the BEBR projections must be |
| 127 | fully described, and the original BEBR data must be presented |
| 128 | along with the adjusted data. |
| 129 | 2. A list of water source options for water supply |
| 130 | development, including traditional and alternative source |
| 131 | options sources, from which local government, government-owned |
| 132 | and privately owned utilities, self-suppliers, and others may |
| 133 | choose, for water supply development, the total capacity of |
| 134 | which will, in conjunction with water conservation and other |
| 135 | demand management measures, exceed the needs identified in |
| 136 | subparagraph 1. The list of water source options for water |
| 137 | supply development must contain provisions that recognize that |
| 138 | alternative water source options for agricultural self-suppliers |
| 139 | are limited. |
| 140 | 3. For each option listed in subparagraph 2., the |
| 141 | estimated amount of water available for use and the estimated |
| 142 | costs of and potential sources of funding for water supply |
| 143 | development. |
| 144 | 4. A list of water supply development projects that meet |
| 145 | the criteria in s. 373.0831(4). |
| 146 | Section 6. Subsections (2) and (3) of section 373.236, |
| 147 | Florida Statutes, are renumbered as subsections (3) and (4), |
| 148 | respectively, and a new subsection (2) is added to said section |
| 149 | to read: |
| 150 | 373.236 Duration of permits; compliance reports.-- |
| 151 | (2) The Legislature finds that some agricultural |
| 152 | landowners remain unaware of their ability to request a 20-year |
| 153 | consumptive use permit under subsection (1) for initial permits |
| 154 | or for renewals. Therefore, the water management districts shall |
| 155 | inform agricultural applicants of this option in the application |
| 156 | form. |
| 157 | Section 7. Section 373.407, Florida Statutes, is created |
| 158 | to read: |
| 159 | 373.407 Memorandum of agreement for an agricultural- |
| 160 | related exemption.--No later than July 1, 2005, the Department |
| 161 | of Agriculture and Consumer Services and each water management |
| 162 | district shall enter into a memorandum of agreement under which |
| 163 | the Department of Agriculture and Consumer Services shall assist |
| 164 | in a determination by a water management district as to whether |
| 165 | an existing or proposed activity qualifies for the exemption set |
| 166 | forth in s. 373.406(2). The memorandum of agreement shall |
| 167 | provide a process where, upon the request of a water management |
| 168 | district, the Department of Agriculture and Consumer Services |
| 169 | shall conduct a nonbinding review as to whether an existing or |
| 170 | proposed activity qualifies for an agricultural-related |
| 171 | exemption set forth in s. 373.406(2). The memorandum of |
| 172 | agreement shall provide processes and procedures by which the |
| 173 | Department of Agriculture and Consumer Services shall undertake |
| 174 | this review effectively and efficiently and issue a |
| 175 | recommendation. |
| 176 | Section 8. This act shall take effect July 1, 2004. |