Amendment
Bill No. 1748
Amendment No. 356399
CHAMBER ACTION
Senate House
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1Representatives Pickens, Allen, Bowen, Cannon, Grimsley,
2Poppell, Proctor, Sansom, Stansel, and Troutman offered the
3following:
4
5     Substitute Amendment for Amendment (706591) (with title
6amendment)
7Between lines 25 and 26 insert:
8     Section 5.  Paragraphs (a) and (c) of subsection (4) and
9paragraph (a) of subsection (5) of section 70.001, Florida
10Statutes, are amended to read:
11     70.001  Private property rights protection.--
12     (4)(a)  Not less than 180 days prior to filing an action
13under this section against a governmental entity, a property
14owner who seeks compensation under this section must present the
15claim in writing to the head of the governmental entity, except
16that if the property is classified as agricultural pursuant to
17s. 193.461, the notice period is 90 days. The property owner
18must submit, along with the claim, a bona fide, valid appraisal
19that supports the claim and demonstrates the loss in fair market
20value to the real property.  If the action of government is the
21culmination of a process that involves more than one
22governmental entity, or if a complete resolution of all relevant
23issues, in the view of the property owner or in the view of a
24governmental entity to whom a claim is presented, requires the
25active participation of more than one governmental entity, the
26property owner shall present the claim as provided in this
27section to each of the governmental entities.
28     (c)  During the 90-day-notice period or the 180-day-notice
29period, unless extended by agreement of the parties, the
30governmental entity shall make a written settlement offer to
31effectuate:
32     1.  An adjustment of land development or permit standards
33or other provisions controlling the development or use of land.
34     2.  Increases or modifications in the density, intensity,
35or use of areas of development.
36     3.  The transfer of developmental rights.
37     4.  Land swaps or exchanges.
38     5.  Mitigation, including payments in lieu of onsite
39mitigation.
40     6.  Location on the least sensitive portion of the
41property.
42     7.  Conditioning the amount of development or use
43permitted.
44     8.  A requirement that issues be addressed on a more
45comprehensive basis than a single proposed use or development.
46     9.  Issuance of the development order, a variance, special
47exception, or other extraordinary relief.
48     10.  Purchase of the real property, or an interest therein,
49by an appropriate governmental entity.
50     11.  No changes to the action of the governmental entity.
51
52If the property owner accepts the settlement offer, the
53governmental entity may implement the settlement offer by
54appropriate development agreement; by issuing a variance,
55special exception, or other extraordinary relief; or by other
56appropriate method, subject to paragraph (d).
57     (5)(a)  During the 90-day-notice period or the 180-day-
58notice period, unless a settlement offer is accepted by the
59property owner, each of the governmental entities provided
60notice pursuant to paragraph (4)(a) shall issue a written
61ripeness decision identifying the allowable uses to which the
62subject property may be put.  The failure of the governmental
63entity to issue a written ripeness decision during the
64applicable 90-day-notice period or 180-day-notice period shall
65be deemed to ripen the prior action of the governmental entity,
66and shall operate as a ripeness decision that has been rejected
67by the property owner.  The ripeness decision, as a matter of
68law, constitutes the last prerequisite to judicial review, and
69the matter shall be deemed ripe or final for the purposes of the
70judicial proceeding created by this section, notwithstanding the
71availability of other administrative remedies.
72     Section 6.  Subsection (5) is added to section 163.3162,
73Florida Statutes, to read:
74     163.3162  Agricultural Lands and Practices Act.--
75     (5)(a)  The owner of a parcel of land defined as an
76agricultural enclave under s. 163.3164(32)(e)1. may apply for an
77amendment to the local government comprehensive plan pursuant to
78s. 163.3187.  Such amendment is not subject to rule 9J-5.006(5),
79Florida Administrative Code, and may include land uses and
80intensities of use that are consistent with the uses and
81intensities of use of the industrial, commercial, or residential
82areas that surround the parcel.  The local government shall make
83a determination regarding transmittal of such amendment within
84120 days after receipt of a complete application for the
85amendment and transmit the amendment to the state land planning
86agency for review pursuant to s. 163.3184 at the first available
87transmittal cycle.  The state land planning agency may not use
88any provision of rule 9J-5.006(5), Florida Administrative Code,
89as a factor in determining compliance of an amendment under this
90paragraph.
91     (b)  In order to preserve commercial agricultural activity,
92encourage mixed-use infill development, prevent urban sprawl,
93and provide more efficient delivery of municipal services and
94facilities, the owner of a parcel of land defined as an
95agricultural enclave under s. 163.3164(32)(e)2. may apply for an
96amendment to the local government comprehensive plan pursuant to
97s. 163.3187. Such amendment is not subject to rule 9J-5.006(5),
98Florida Administrative Code, and may include land uses and
99intensities of use that are consistent with the uses and
100intensities of use of the industrial, commercial, or residential
101areas that surround the parcel.  Each application for a
102comprehensive plan amendment under this paragraph must include
103appropriate new urbanism concepts such as clustering, mixed-use
104development, the creation of rural village and city centers, and
105the transfer of development rights in order to discourage urban
106sprawl while protecting landowner rights.
107     1.  The local government and the owner of a parcel of land
108that is the subject of an application for an amendment under
109this paragraph have 180 days following the date that the local
110government receives a complete application to negotiate in good
111faith to reach consensus on the land uses and intensities of use
112that are consistent with the uses and intensities of use of the
113industrial, commercial, or residential areas that surround the
114parcel.  Within 30 days after the local government's receipt of
115such an application, the local government and owner must agree
116in writing to a schedule for information submittal, public
117hearings, negotiations, and final action on the amendment, which
118schedule may thereafter be altered only with the written consent
119of the local government and the owner.  Compliance with the
120schedule in the written agreement constitutes good faith
121negotiations for purposes of subparagraph 3.
122     2.  Upon conclusion of good faith negotiations under
123subparagraph 1., regardless of whether the local government and
124owner reach consensus on the land uses and intensities of use
125that are consistent with the uses and intensities of use of the
126industrial, commercial, or residential areas that surround the
127parcel, the amendment must be transmitted to the state land
128planning agency for review pursuant to s. 163.3184. If the local
129government fails to transmit the amendment within 180 days after
130receipt of a complete application, the amendment must be
131immediately transferred to the state land planning agency for
132such review at the first available transmittal cycle.  The state
133land planning agency may not use any provision of rule 9J-
1345.006(5), Florida Administrative Code, as a factor in
135determining compliance of an amendment under this paragraph.
136     3.  If the owner fails to negotiate in good faith, rule 9J-
1375.006(5), Florida Administrative Code, shall apply throughout
138the negotiation and amendment process under this paragraph.
139     (c)  Nothing within this subsection relating to
140agricultural enclaves shall preempt or replace any protection
141currently existing for any property located within the
142boundaries of the following areas:
143     1.  The Wekiva Study Area, as described in s. 369.316; or
144     2.  The Everglades Protection Area, as defined in s.
145373.4592(2).
146     Section 7.  Subsection (32) is added to section 163.3164,
147Florida Statutes, to read:
148     163.3164  Local Government Comprehensive Planning and Land
149Development Regulation Act; definitions.--As used in this act:
150     (32)  "Agricultural enclave" means an unincorporated,
151undeveloped parcel that:
152     (a)  Is owned by a single person or entity;
153     (b)  Has been in continuous use for bona fide agricultural
154purposes, as defined by s. 193.461, for a period of 5 years
155prior to the date of any comprehensive plan amendment
156application;
157     (c)  Is surrounded on at least 75 percent of its perimeter
158by:
159     1.  Property that has existing industrial, commercial, or
160residential development; or
161     2.  Property that the local government has designated, in
162the local government's comprehensive plan, zoning map, and
163future land use map, as land that is to be developed for
164industrial, commercial, or residential purposes, and at least 75
165percent of such property is existing industrial, commercial, or
166residential development,
167     (d)  Has public services, including water, wastewater,
168transportation, schools, and recreation facilities, available or
169such public services are scheduled to be provided as part of a
170financially feasible 5-year schedule of capital improvements
171that is adopted by the local government or by an alternative
172provider of local government infrastructure; and
173     (e)  Satisfies one of the following acreage criteria:
174     1.  The parcel may not exceed 500 acres or;
175     2.  The parcel may not exceed 2,560 acres, however, if the
176parcel is in active agriculture production and is located in a
177county, any portion of which is under a declared quarantine
178pursuant to chapter 581 or chapter 585, the parcel may not
179exceed 5,120 acres.
180     Section 8.  Section 259.047, Florida Statutes, is created
181to read:
182     259.047  Acquisition of land on which an agricultural lease
183exists.--
184     (1)  When land with an existing agricultural lease is
185acquired in fee simple pursuant to this chapter or chapter 375,
186the existing agricultural lease may continue in force for the
187actual time remaining on the lease agreement. Any entity
188managing lands acquired under this section must consider
189existing agricultural leases in the development of a land
190management plan required under s. 253.034.
191     (2)  Where consistent with the purposes for which the
192property was acquired, the state or acquiring entity shall make
193reasonable efforts to keep lands in agricultural production
194which are in agricultural production at the time of acquisition.
195     Section 9.  Paragraph (a) of subsection (2) of section
196373.0361, Florida Statutes, is amended to read:
197     373.0361  Regional water supply planning.--
198     (2)  Each regional water supply plan shall be based on at
199least a 20-year planning period and shall include, but not be
200limited to:
201     (a)  A water supply development component that includes:
202     1.  A quantification of the water supply needs for all
203existing and reasonably projected future uses within the
204planning horizon. The level-of-certainty planning goal
205associated with identifying the water supply needs of existing
206and future reasonable-beneficial uses shall be based upon
207meeting those needs for a 1-in-10-year drought event. Population
208projections used for determining public water supply needs must
209be based upon the best available data. In determining the best
210available data, the district shall consider the University of
211Florida's Bureau of Economic and Business Research (BEBR) medium
212population projections and any population projection data and
213analysis submitted by a local government pursuant to the public
214workshop described in subsection (1) if the data and analysis
215support the local government's comprehensive plan. Any
216adjustment of or deviation from the BEBR projections must be
217fully described, and the original BEBR data must be presented
218along with the adjusted data.
219     2.  A list of water source options, including traditional
220and alternative source options, from which local government,
221government-owned and privately owned utilities, self-suppliers,
222and others may choose, for water supply development, the total
223capacity of which will, in conjunction with water conservation
224and other demand management measures, exceed the needs
225identified in subparagraph 1. The list of water-source options
226for water supply development must contain provisions that
227recognize that alternative water-source options for agricultural
228self-suppliers are limited.
229     3.  For each option listed in subparagraph 2., the
230estimated amount of water available for use and the estimated
231costs of and potential sources of funding for water supply
232development.
233     4.  A list of water supply development projects that meet
234the criteria in s. 373.0831(4).
235
236The water supply development component of a regional water
237supply plan which deals with or affects public utilities and
238public water supply for those areas served by a regional water
239supply authority and its member governments within the
240boundaries of the Southwest Florida Water Management District
241shall be developed jointly by the authority and the district.
242     Section 10.  Section 373.2234, Florida Statutes, is amended
243to read:
244     373.2234  Preferred water supply sources.--The governing
245board of a water management district is authorized to adopt
246rules that identify preferred water supply sources for
247consumptive uses for which there is sufficient data to establish
248that a preferred source will provide a substantial new water
249supply to meet the existing and projected reasonable-beneficial
250uses of a water supply planning region identified pursuant to s.
251373.0361(1), while sustaining existing water resources and
252natural systems. At a minimum, such rules must contain a
253description of the preferred water supply source and an
254assessment of the water the preferred source is projected to
255produce. If an applicant proposes to use a preferred water
256supply source, that applicant's proposed water use is subject to
257s. 373.223(1), except that the proposed use of a preferred water
258supply source must be considered by a water management district
259when determining whether a permit applicant's proposed use of
260water is consistent with the public interest pursuant to s.
261373.223(1)(c). A consumptive use permit issued for the use of a
262preferred water supply source must be granted, when requested by
263the applicant, for at least a 20-year period and may be subject
264to the compliance reporting provisions of s. 373.236(4)(3).
265Nothing in this section shall be construed to exempt the use of
266preferred water supply sources from the provisions of ss.
267373.016(4) and 373.223(2) and (3), or be construed to provide
268that permits issued for the use of a nonpreferred water supply
269source must be issued for a duration of less than 20 years or
270that the use of a nonpreferred water supply source is not
271consistent with the public interest. Additionally, nothing in
272this section shall be interpreted to require the use of a
273preferred water supply source or to restrict or prohibit the use
274of a nonpreferred water supply source. Rules adopted by the
275governing board of a water management district to implement this
276section shall specify that the use of a preferred water supply
277source is not required and that the use of a nonpreferred water
278supply source is not restricted or prohibited.
279     Section 11.  Present subsections (2) and (3) of section
280373.236, Florida Statutes, are renumbered as subsections (3) and
281(4), respectively, and a new subsection (2) is added to that
282section, to read:
283     373.236  Duration of permits; compliance reports.--
284     (2)  The Legislature finds that some agricultural
285landowners remain unaware of their ability to request a 20-year
286consumptive use permit under subsection (1) for initial permits
287or for renewals. Therefore, the water management districts shall
288inform agricultural applicants of this option in the application
289form.
290     Section 12.  Section 373.407, Florida Statutes, is created
291to read:
292     373.407  Memorandum of agreement for an agricultural-
293related exemption.--No later than July 1, 2006, the Department
294of Agriculture and Consumer Services and each water management
295district shall enter into a memorandum of agreement under which
296the Department of Agricultural and Consumer Services shall
297assist in a determination by a water management district as to
298whether an existing or proposed activity qualifies for the
299exemption in s. 373.406(2). The memorandum of agreement shall
300provide a process by which, upon the request of a water
301management district, the Department of Agriculture and Consumer
302Services shall conduct a nonbinding review as to whether an
303existing or proposed activity qualifies for an agricultural-
304related exemption in s. 373.406(2). The memorandum of agreement
305shall provide processes and procedures by which the Department
306of Agriculture and Consumer Services shall undertake this review
307effectively and efficiently and issue a recommendation.
308
309================ T I T L E  A M E N D M E N T =============
310     Remove lines 2 through 23 and insert:
311An act relating to agriculture; requiring each water
312management district to review rule criteria for
313environmental resource permits, existing permit
314exemptions, and alternatives to standard permitting
315programs and recommend regulatory alternatives that will
316encourage agricultural water conservation; requiring a
317report by the Department of Agriculture and Consumer
318Services and the Department of Environmental Protection to
319the appropriate legislative committees; amending s.
320373.236, F.S.; authorizing the issuance of permits for
321agricultural production for a specified period for uses
322that replace a water supply source that has been impacted
323by water-use withdrawals; amending s. 373.406, F.S.;
324providing that an exemption provided for activities having
325minimal adverse impact does not apply to any activities
326that are conducted as mitigation for wetland or other
327surface water impacts; amending s. 373.2234, F.S.;
328conforming a cross-reference; amending s. 70.001, F.S.;
329reducing the period within which an owner of agricultural
330land must provide notice of a claim prior to filing an
331action against a governmental entity regarding private
332property rights; amending s. 163.3162, F.S.; providing for
333application for an amendment to the local comprehensive
334plan by the owner of land that meets certain provisions of
335the definition of an agricultural enclave; providing
336requirements relating to such applications; exempting
337certain amendments from specified rules of the Department
338of Community Affairs under certain circumstances; amending
339s. 163.3164, F.S.; defining the term "agricultural
340enclave" for purposes of the Local Government
341Comprehensive Planning and Land Development Regulation
342Act; creating s. 259.047, F.S.; providing requirements
343relating to the purchase of land on which an agricultural
344lease exists; amending s. 373.0361, F.S.; providing for
345recognition that alternative water-source options for
346agricultural self-suppliers are limited; amending s.
347373.2234, F.S.; conforming a cross-reference; amending s.
348373.236, F.S.; requiring water management districts to
349inform landowners of the option to obtain certain
350consumptive use permits; creating s. 373.407, F.S.;
351providing for memoranda of agreement regarding
352qualification for agricultural-related exemptions;
353providing an


CODING: Words stricken are deletions; words underlined are additions.