| 1 | Representatives Pickens, Allen, Bowen, Cannon, Grimsley, |
| 2 | Poppell, Proctor, Sansom, Stansel, and Troutman offered the |
| 3 | following: |
| 4 |
|
| 5 | Amendment (with title amendment) |
| 6 | On page 4, between lines 25 and 26, insert: |
| 7 | Section 5. Subsection (4), paragraph (a) of subsection |
| 8 | (5), and paragraph (c) of subsection (6) of section 70.001, |
| 9 | Florida Statutes, are amended to read: |
| 10 | 70.001 Private property rights protection.-- |
| 11 | (4)(a) Not less than 180 days prior to filing an action |
| 12 | under this section against a governmental entity, a property |
| 13 | owner who seeks compensation under this section must present the |
| 14 | claim in writing to the head of the governmental entity. The |
| 15 | property owner must submit, along with the claim, a bona fide, |
| 16 | valid appraisal that supports the claim and demonstrates the |
| 17 | loss in fair market value to the real property. If the action of |
| 18 | government is the culmination of a process that involves more |
| 19 | than one governmental entity, or if a complete resolution of all |
| 20 | relevant issues, in the view of the property owner or in the |
| 21 | view of a governmental entity to whom a claim is presented, |
| 22 | requires the active participation of more than one governmental |
| 23 | entity, the property owner shall present the claim as provided |
| 24 | in this section to each of the governmental entities. |
| 25 | (b) A landowner aggrieved by the changing of an existing |
| 26 | agricultural land use classification or agricultural zoning or |
| 27 | the lowering of the current density designation which creates an |
| 28 | inordinate burden on property classified as agricultural land |
| 29 | pursuant to s. 193.461 shall have a cause of action in |
| 30 | accordance with the procedures provided in this section, except |
| 31 | that the 180-day-notice period shall be reduced to a 90-day- |
| 32 | notice period. |
| 33 | (c)(b) The governmental entity shall provide written |
| 34 | notice of the claim to all parties to any administrative action |
| 35 | that gave rise to the claim, and to owners of real property |
| 36 | contiguous to the owner's property at the addresses listed on |
| 37 | the most recent county tax rolls. Within 15 days after the claim |
| 38 | being presented, the governmental entity shall report the claim |
| 39 | in writing to the Department of Legal Affairs, and shall provide |
| 40 | the department with the name, address, and telephone number of |
| 41 | the employee of the governmental entity from whom additional |
| 42 | information may be obtained about the claim during the pendency |
| 43 | of the claim and any subsequent judicial action. |
| 44 | (d)(c) During the 180-day-notice period or the 90-day- |
| 45 | notice period, unless extended by agreement of the parties, the |
| 46 | governmental entity shall make a written settlement offer to |
| 47 | effectuate: |
| 48 | 1. An adjustment of land development or permit standards |
| 49 | or other provisions controlling the development or use of land. |
| 50 | 2. Increases or modifications in the density, intensity, |
| 51 | or use of areas of development. |
| 52 | 3. The transfer of developmental rights. |
| 53 | 4. Land swaps or exchanges. |
| 54 | 5. Mitigation, including payments in lieu of onsite |
| 55 | mitigation. |
| 56 | 6. Location on the least sensitive portion of the |
| 57 | property. |
| 58 | 7. Conditioning the amount of development or use |
| 59 | permitted. |
| 60 | 8. A requirement that issues be addressed on a more |
| 61 | comprehensive basis than a single proposed use or development. |
| 62 | 9. Issuance of the development order, a variance, special |
| 63 | exception, or other extraordinary relief. |
| 64 | 10. Purchase of the real property, or an interest therein, |
| 65 | by an appropriate governmental entity. |
| 66 | 11. No changes to the action of the governmental entity. |
| 67 |
|
| 68 | If the property owner accepts the settlement offer, the |
| 69 | governmental entity may implement the settlement offer by |
| 70 | appropriate development agreement; by issuing a variance, |
| 71 | special exception, or other extraordinary relief; or by other |
| 72 | appropriate method, subject to paragraph (e)(d). |
| 73 | (e)(d)1. Whenever a governmental entity enters into a |
| 74 | settlement agreement under this section which would have the |
| 75 | effect of a modification, variance, or a special exception to |
| 76 | the application of a rule, regulation, or ordinance as it would |
| 77 | otherwise apply to the subject real property, the relief granted |
| 78 | shall protect the public interest served by the regulations at |
| 79 | issue and be the appropriate relief necessary to prevent the |
| 80 | governmental regulatory effort from inordinately burdening the |
| 81 | real property. |
| 82 | 2. Whenever a governmental entity enters into a settlement |
| 83 | agreement under this section which would have the effect of |
| 84 | contravening the application of a statute as it would otherwise |
| 85 | apply to the subject real property, the governmental entity and |
| 86 | the property owner shall jointly file an action in the circuit |
| 87 | court where the real property is located for approval of the |
| 88 | settlement agreement by the court to ensure that the relief |
| 89 | granted protects the public interest served by the statute at |
| 90 | issue and is the appropriate relief necessary to prevent the |
| 91 | governmental regulatory effort from inordinately burdening the |
| 92 | real property. |
| 93 | (5)(a) During the 180-day-notice period or the 90-day- |
| 94 | notice period, unless a settlement offer is accepted by the |
| 95 | property owner, each of the governmental entities provided |
| 96 | notice pursuant to paragraph (4)(a) shall issue a written |
| 97 | ripeness decision identifying the allowable uses to which the |
| 98 | subject property may be put. The failure of the governmental |
| 99 | entity to issue a written ripeness decision during the 180-day- |
| 100 | notice period or the 90-day-notice period shall be deemed to |
| 101 | ripen the prior action of the governmental entity, and shall |
| 102 | operate as a ripeness decision that has been rejected by the |
| 103 | property owner. The ripeness decision, as a matter of law, |
| 104 | constitutes the last prerequisite to judicial review, and the |
| 105 | matter shall be deemed ripe or final for the purposes of the |
| 106 | judicial proceeding created by this section, notwithstanding the |
| 107 | availability of other administrative remedies. |
| 108 | (6) |
| 109 | (c)1. In any action filed pursuant to this section, the |
| 110 | property owner is entitled to recover reasonable costs and |
| 111 | attorney fees incurred by the property owner, from the |
| 112 | governmental entity or entities, according to their |
| 113 | proportionate share as determined by the court, from the date of |
| 114 | the filing of the circuit court action, if the property owner |
| 115 | prevails in the action and the court determines that the |
| 116 | settlement offer, including the ripeness decision, of the |
| 117 | governmental entity or entities did not constitute a bona fide |
| 118 | offer to the property owner which reasonably would have resolved |
| 119 | the claim, based upon the knowledge available to the |
| 120 | governmental entity or entities and the property owner during |
| 121 | the 180-day-notice period or the 90-day-notice period. |
| 122 | 2. In any action filed pursuant to this section, the |
| 123 | governmental entity or entities are entitled to recover |
| 124 | reasonable costs and attorney fees incurred by the governmental |
| 125 | entity or entities from the date of the filing of the circuit |
| 126 | court action, if the governmental entity or entities prevail in |
| 127 | the action and the court determines that the property owner did |
| 128 | not accept a bona fide settlement offer, including the ripeness |
| 129 | decision, which reasonably would have resolved the claim fairly |
| 130 | to the property owner if the settlement offer had been accepted |
| 131 | by the property owner, based upon the knowledge available to the |
| 132 | governmental entity or entities and the property owner during |
| 133 | the 180-day-notice period or the 90-day-notice period. |
| 134 | 3. The determination of total reasonable costs and |
| 135 | attorney fees pursuant to this paragraph shall be made by the |
| 136 | court and not by the jury. Any proposed settlement offer or any |
| 137 | proposed ripeness decision, except for the final written |
| 138 | settlement offer or the final written ripeness decision, and any |
| 139 | negotiations or rejections in regard to the formulation either |
| 140 | of the settlement offer or the ripeness decision, are |
| 141 | inadmissible in the subsequent proceeding established by this |
| 142 | section except for the purposes of the determination pursuant to |
| 143 | this paragraph. |
| 144 | Section 6. Subsections (1) and (2) of section 163.2514, |
| 145 | Florida Statutes, are renumbered as subsections (3) and (4), |
| 146 | respectively, and new subsections (1) and (2) are added to said |
| 147 | section to read: |
| 148 | 163.2514 Growth Policy Act; definitions.--As used in ss. |
| 149 | 163.2511-163.2526: |
| 150 | (1) "Agricultural enclave" means any unincorporated, |
| 151 | undeveloped parcel owned by a single person or entity that |
| 152 | satisfies all of the following criteria: |
| 153 | (a) The size of an enclave shall not exceed 2,560 acres, |
| 154 | provided that when an enclave parcel is active production |
| 155 | agriculture and a damaging pest, disease, or natural disaster |
| 156 | had or has been identified within 5 miles of the agricultural |
| 157 | property, the size shall not exceed 5,120 acres. |
| 158 | (b) The parcel has been in continuous use for bona fide |
| 159 | agricultural purposes, as defined in s. 193.461, for a period of |
| 160 | 5 years prior to the date of any comprehensive plan amendment |
| 161 | application. |
| 162 | (c) The parcel is surrounded on at least 75 percent of its |
| 163 | perimeter by existing industrial, commercial, or residential |
| 164 | development or property that the local government has designated |
| 165 | as land to be developed for industrial, commercial, or |
| 166 | residential purposes and only requires building and related |
| 167 | permits for that use without further amendment of a local |
| 168 | government comprehensive plan. |
| 169 | (d) Public services, including water, wastewater, |
| 170 | transportation, schools, and recreation facilities, are |
| 171 | available or are scheduled to be provided as part of an adopted |
| 172 | 5-year schedule of capital improvements by the local government |
| 173 | or by an alternative local government public infrastructure |
| 174 | provider. |
| 175 | (2) "Family farm agricultural enclave" means an |
| 176 | unincorporated undeveloped parcel of land not exceeding 500 |
| 177 | acres that meets the criteria for an agricultural enclave. |
| 178 | Section 7. Subsection (7) is added to section 163.2517, |
| 179 | Florida Statutes, to read: |
| 180 | 163.2517 Designation of urban infill and redevelopment |
| 181 | area; agricultural enclaves.-- |
| 182 | (7)(a) In order to preserve commercial agricultural |
| 183 | activity, encourage mixed-use infill development, prevent urban |
| 184 | sprawl, and provide more efficient delivery of municipal |
| 185 | services and facilities, the owner of land defined as an |
| 186 | agricultural enclave pursuant to s. 163.2514(1) may apply for an |
| 187 | amendment to the local government comprehensive plan pursuant to |
| 188 | s. 163.3187 and development of regional impact approval, if |
| 189 | applicable. Such amendment and development of regional impact |
| 190 | approval, if applicable, may include land uses and intensities |
| 191 | of use consistent with the uses and intensities of use of |
| 192 | surrounding industrial, commercial, or residential areas. Any |
| 193 | application for a comprehensive plan amendment and development |
| 194 | of regional impact approval, if applicable, shall include |
| 195 | appropriate "new urbanism" concepts such as clustering, mixed- |
| 196 | use development, the creation of rural village and city centers, |
| 197 | and the transfer of development rights in order to discourage |
| 198 | urban sprawl while protecting landowner rights. If such |
| 199 | amendment and application for development of regional impact |
| 200 | approval is otherwise consistent with applicable provisions of |
| 201 | ss. 163.3177, 163.3178, 163.3180, 163.3191, and 163.3245, the |
| 202 | state comprehensive plan, the appropriate regional policy plan, |
| 203 | and chapter 9J-5, Florida Administrative Code, the amendment |
| 204 | shall be deemed to prevent urban sprawl and be in compliance as |
| 205 | defined in s. 163.3184, and the application for development of |
| 206 | regional impact shall be approved. |
| 207 | (b) The owner of land defined as a family farm |
| 208 | agricultural enclave pursuant to s. 163.2514(2) may apply for an |
| 209 | amendment to the local government comprehensive plan pursuant to |
| 210 | s. 163.3187. Such amendment may include land uses and |
| 211 | intensities of use consistent with the uses and intensities of |
| 212 | use of surrounding industrial, commercial, or residential areas. |
| 213 | If such amendment is otherwise consistent with applicable |
| 214 | provisions of ss. 163.3177, 163.3178, 163.3180, 163.3191, and |
| 215 | 163.3245, the state comprehensive plan, the appropriate regional |
| 216 | policy plan, and chapter 9J-5, Florida Administrative Code, the |
| 217 | amendment shall be deemed to prevent urban sprawl and be in |
| 218 | compliance as defined in s. 163.3184. |
| 219 | (c) If the local government has failed to act within 180 |
| 220 | days on the comprehensive plan amendment or application for |
| 221 | development of regional impact approval, the agricultural |
| 222 | enclaves as defined in s. 163.2514(1) and (2) shall be granted |
| 223 | the comprehensive plan amendment and development of regional |
| 224 | impact approval requested. |
| 225 | Section 8. Paragraph (a) of subsection (6) and paragraph |
| 226 | (d) of subsection (11) of section 163.3177, Florida Statutes, |
| 227 | are amended to read: |
| 228 | 163.3177 Required and optional elements of comprehensive |
| 229 | plan; studies and surveys.-- |
| 230 | (6) In addition to the requirements of subsections |
| 231 | (1)-(5), the comprehensive plan shall include the following |
| 232 | elements: |
| 233 | (a) A future land use plan element designating proposed |
| 234 | future general distribution, location, and extent of the uses of |
| 235 | land for residential uses, commercial uses, industry, |
| 236 | agriculture, recreation, conservation, education, public |
| 237 | buildings and grounds, other public facilities, and other |
| 238 | categories of the public and private uses of land. Counties are |
| 239 | encouraged to designate rural land stewardship areas, pursuant |
| 240 | to the provisions of paragraph (11)(d), as overlays on the |
| 241 | future land use map. The proposed distribution, location, and |
| 242 | extent of the various categories of land use shall be shown on a |
| 243 | land use map or map series which shall be supplemented by goals, |
| 244 | policies, and measurable objectives. |
| 245 | 1. Each future land use category must be defined in terms |
| 246 | of uses included, and must include standards to be followed in |
| 247 | the control and distribution of population densities and |
| 248 | building and structure intensities. The proposed distribution, |
| 249 | location, and extent of the various categories of land use shall |
| 250 | be shown on a land use map or map series which shall be |
| 251 | supplemented by goals, policies, and measurable objectives. |
| 252 | 2. The future land use plan shall be based upon surveys, |
| 253 | studies, and data regarding the area, including the amount of |
| 254 | land required to accommodate anticipated growth; the projected |
| 255 | population of the area; the character of undeveloped land; the |
| 256 | availability of public services; the need for redevelopment, |
| 257 | including the renewal of blighted areas and the elimination of |
| 258 | nonconforming uses which are inconsistent with the character of |
| 259 | the community; the compatibility of uses on lands adjacent to or |
| 260 | closely proximate to military installations; and, in rural |
| 261 | communities, the need for job creation, capital investment, and |
| 262 | economic development that will strengthen and diversify the |
| 263 | community's economy. |
| 264 | 3. The future land use plan may designate areas for future |
| 265 | planned development use involving combinations of types of uses |
| 266 | for which special regulations may be necessary to ensure |
| 267 | development in accord with the principles and standards of the |
| 268 | comprehensive plan and this act. |
| 269 | 4. The future land use plan element shall include criteria |
| 270 | to be used to achieve the compatibility of adjacent or closely |
| 271 | proximate lands with military installations. |
| 272 | 5. In addition, For rural communities, the amount of land |
| 273 | designated for future planned industrial use shall be based upon |
| 274 | surveys and studies that reflect the need for job creation, |
| 275 | capital investment, and the necessity to strengthen and |
| 276 | diversify the local economies, and shall not be limited solely |
| 277 | by the projected population of the rural community. |
| 278 | 6. The future land use plan shall delineate agricultural |
| 279 | enclaves, as defined in s. 163.2514(1) and (2), and establish |
| 280 | appropriate uses of land in these enclaves that are consistent |
| 281 | with the intensities of use of surrounding industrial, |
| 282 | commercial, or residential areas. |
| 283 | 7. The future land use plan of a county may also designate |
| 284 | areas for possible future municipal incorporation. |
| 285 | 8. The land use maps or map series shall generally |
| 286 | identify and depict historic district boundaries and shall |
| 287 | designate historically significant properties meriting |
| 288 | protection. |
| 289 | 9. The future land use element must clearly identify the |
| 290 | land use categories in which public schools are an allowable |
| 291 | use. When delineating the land use categories in which public |
| 292 | schools are an allowable use, a local government shall include |
| 293 | in the categories sufficient land proximate to residential |
| 294 | development to meet the projected needs for schools in |
| 295 | coordination with public school boards and may establish |
| 296 | differing criteria for schools of different type or size. Each |
| 297 | local government shall include lands contiguous to existing |
| 298 | school sites, to the maximum extent possible, within the land |
| 299 | use categories in which public schools are an allowable use. All |
| 300 | comprehensive plans must comply with the school siting |
| 301 | requirements of this paragraph no later than October 1, 1999. |
| 302 | The failure by a local government to comply with these school |
| 303 | siting requirements by October 1, 1999, will result in the |
| 304 | prohibition of the local government's ability to amend the local |
| 305 | comprehensive plan, except for plan amendments described in s. |
| 306 | 163.3187(1)(b), until the school siting requirements are met. |
| 307 | Amendments proposed by a local government for purposes of |
| 308 | identifying the land use categories in which public schools are |
| 309 | an allowable use or for adopting or amending the school-siting |
| 310 | maps pursuant to s. 163.31776(3) are exempt from the limitation |
| 311 | on the frequency of plan amendments contained in s. 163.3187. |
| 312 | The future land use element shall include criteria that |
| 313 | encourage the location of schools proximate to urban residential |
| 314 | areas to the extent possible and shall require that the local |
| 315 | government seek to collocate public facilities, such as parks, |
| 316 | libraries, and community centers, with schools to the extent |
| 317 | possible and to encourage the use of elementary schools as focal |
| 318 | points for neighborhoods. For schools serving predominantly |
| 319 | rural counties, defined as a county with a population of 100,000 |
| 320 | or fewer, an agricultural land use category shall be eligible |
| 321 | for the location of public school facilities if the local |
| 322 | comprehensive plan contains school siting criteria and the |
| 323 | location is consistent with such criteria. Local governments |
| 324 | required to update or amend their comprehensive plan to include |
| 325 | criteria and address compatibility of adjacent or closely |
| 326 | proximate lands with existing military installations in their |
| 327 | future land use plan element shall transmit the update or |
| 328 | amendment to the department by June 30, 2006. |
| 329 | (11) |
| 330 | (d)1. The department, in cooperation with the Department |
| 331 | of Agriculture and Consumer Services, the Department of |
| 332 | Environmental Protection, water management districts, and |
| 333 | regional planning councils, shall provide assistance to local |
| 334 | governments in the implementation of this paragraph and rule 9J- |
| 335 | 5.006(5)(l), Florida Administrative Code. Implementation of |
| 336 | those provisions shall include a process by which the department |
| 337 | may authorize local governments and landowners to designate all |
| 338 | or portions of lands classified in the future land use element |
| 339 | as predominantly agricultural, rural, open, open-rural, or a |
| 340 | substantively equivalent land use, as a rural land stewardship |
| 341 | area within which planning and economic incentives are applied |
| 342 | to encourage the implementation of innovative and flexible |
| 343 | planning and development strategies and creative land use |
| 344 | planning techniques, including those contained herein and in |
| 345 | rule 9J-5.006(5)(l), Florida Administrative Code. Assistance may |
| 346 | include, but is not limited to: |
| 347 | a. Assistance from the Department of Environmental |
| 348 | Protection and water management districts in creating the |
| 349 | geographic information systems land cover database and aerial |
| 350 | photogrammetry needed to prepare for a rural land stewardship |
| 351 | area; |
| 352 | b. Support for local government implementation of rural |
| 353 | land stewardship concepts by providing information and |
| 354 | assistance to local governments regarding land acquisition |
| 355 | programs that may be used by the local government or landowners |
| 356 | to leverage the protection of greater acreage and maximize the |
| 357 | effectiveness of rural land stewardship areas; and |
| 358 | c. Expansion of the role of the Department of Community |
| 359 | Affairs as a resource agency to facilitate establishment of |
| 360 | rural land stewardship areas in smaller rural counties that do |
| 361 | not have the staff or planning budgets to create a rural land |
| 362 | stewardship area. |
| 363 | 2. The department shall encourage participation by local |
| 364 | governments of different sizes and rural characteristics in |
| 365 | establishing and implementing rural land stewardship areas. It |
| 366 | is the intent of the Legislature that rural land stewardship |
| 367 | areas be used to further the following broad principles of rural |
| 368 | sustainability: restoration and maintenance of the economic |
| 369 | value of rural land; control of urban sprawl; identification and |
| 370 | protection of ecosystems, habitats, and natural resources; |
| 371 | promotion of rural economic activity; maintenance of the |
| 372 | viability of Florida's agricultural economy; and protection of |
| 373 | the character of rural areas of Florida. Rural land stewardship |
| 374 | areas may be multicounty in order to encourage coordinated |
| 375 | regional stewardship planning. |
| 376 | 3. A local government, in conjunction with a regional |
| 377 | planning council, a stakeholder organization of private land |
| 378 | owners, or another local government, or any landowner or |
| 379 | landowners with 2,500 acres or more of contiguous agricultural |
| 380 | land as defined by s. 193.461 shall notify the department in |
| 381 | writing of its intent to designate a rural land stewardship |
| 382 | area. The written notification shall describe the basis for the |
| 383 | designation, including the extent to which the rural land |
| 384 | stewardship area enhances rural land values, controls urban |
| 385 | sprawl, provides necessary open space for agriculture and |
| 386 | protection of the natural environment, promotes rural economic |
| 387 | activity, and maintains rural character and the economic |
| 388 | viability of agriculture. |
| 389 | 4. A rural land stewardship area shall be not less than |
| 390 | 2,500 10,000 acres and shall be located outside of |
| 391 | municipalities and established urban growth boundaries, and |
| 392 | shall be designated by plan amendment. The plan amendment |
| 393 | designating a rural land stewardship area shall be subject to |
| 394 | review by the Department of Community Affairs pursuant to s. |
| 395 | 163.3184 and shall provide for the following: |
| 396 | a. Criteria for the designation of receiving areas within |
| 397 | rural land stewardship areas in which innovative planning and |
| 398 | development strategies may be applied. Criteria shall at a |
| 399 | minimum provide for the following: adequacy of suitable land to |
| 400 | accommodate development so as to avoid conflict with |
| 401 | environmentally sensitive areas, resources, and habitats; |
| 402 | compatibility between and transition from higher density uses to |
| 403 | lower intensity rural uses; the establishment of receiving area |
| 404 | service boundaries which provide for a separation between |
| 405 | receiving areas and other land uses within the rural land |
| 406 | stewardship area through limitations on the extension of |
| 407 | services; and connection of receiving areas with the rest of the |
| 408 | rural land stewardship area using rural design and rural road |
| 409 | corridors. |
| 410 | b. Goals, objectives, and policies setting forth the |
| 411 | innovative planning and development strategies to be applied |
| 412 | within rural land stewardship areas pursuant to the provisions |
| 413 | of this section. |
| 414 | c. A process for the implementation of innovative planning |
| 415 | and development strategies within the rural land stewardship |
| 416 | area, including those described in this subsection and rule 9J- |
| 417 | 5.006(5)(l), Florida Administrative Code, which provide for a |
| 418 | functional mix of land uses and which are applied through the |
| 419 | adoption by the local government of zoning and land development |
| 420 | regulations applicable to the rural land stewardship area. |
| 421 | d. A process which encourages visioning pursuant to s. |
| 422 | 163.3167(11) to ensure that innovative planning and development |
| 423 | strategies comply with the provisions of this section. |
| 424 | e. The control of sprawl through the use of innovative |
| 425 | strategies and creative land use techniques consistent with the |
| 426 | provisions of this subsection and rule 9J-5.006(5)(l), Florida |
| 427 | Administrative Code. |
| 428 | 5. In selecting a landowner or landowners, the department |
| 429 | shall by written agreement: |
| 430 | a. Ensure that the landowner has expressed his or her |
| 431 | intent to designate a rural land stewardship area pursuant to |
| 432 | the provisions of this subsection and clarify that the rural |
| 433 | land stewardship area is intended. |
| 434 | b. Ensure that the landowner has the financial and |
| 435 | administrative capabilities to implement a rural land |
| 436 | stewardship area. |
| 437 | 6.5. A receiving area shall be designated by the adoption |
| 438 | of a land development regulation. Prior to the designation of a |
| 439 | receiving area, the local government shall provide the |
| 440 | Department of Community Affairs a period of 30 days in which to |
| 441 | review a proposed receiving area for consistency with the rural |
| 442 | land stewardship area plan amendment and to provide comments to |
| 443 | the local government. |
| 444 | 7.6. Upon the adoption of a plan amendment creating a |
| 445 | rural land stewardship area, the local government shall, by |
| 446 | ordinance, assign to the area a certain number of credits, to be |
| 447 | known as "transferable rural land use credits," which shall not |
| 448 | constitute a right to develop land, nor increase density of |
| 449 | land, except as provided by this section. The total amount of |
| 450 | transferable rural land use credits assigned to the rural land |
| 451 | stewardship area must correspond to the 25-year or greater |
| 452 | projected population of the rural land stewardship area. |
| 453 | Transferable rural land use credits are subject to the following |
| 454 | limitations: |
| 455 | a. Transferable rural land use credits may only exist |
| 456 | within a rural land stewardship area. |
| 457 | b. Transferable rural land use credits may only be used on |
| 458 | lands designated as receiving areas and then solely for the |
| 459 | purpose of implementing innovative planning and development |
| 460 | strategies and creative land use planning techniques adopted by |
| 461 | the local government pursuant to this section. |
| 462 | c. Transferable rural land use credits assigned to a |
| 463 | parcel of land within a rural land stewardship area shall cease |
| 464 | to exist if the parcel of land is removed from the rural land |
| 465 | stewardship area by plan amendment. |
| 466 | d. Neither the creation of the rural land stewardship area |
| 467 | by plan amendment nor the assignment of transferable rural land |
| 468 | use credits by the local government shall operate to displace |
| 469 | the underlying density of land uses assigned to a parcel of land |
| 470 | within the rural land stewardship area; however, if transferable |
| 471 | rural land use credits are transferred from a parcel for use |
| 472 | within a designated receiving area, the underlying density |
| 473 | assigned to the parcel of land shall cease to exist. |
| 474 | e. The underlying density on each parcel of land located |
| 475 | within a rural land stewardship area shall not be increased or |
| 476 | decreased by the local government, except as a result of the |
| 477 | conveyance or use of transferable rural land use credits, as |
| 478 | long as the parcel remains within the rural land stewardship |
| 479 | area. |
| 480 | f. Transferable rural land use credits shall cease to |
| 481 | exist on a parcel of land where the underlying density assigned |
| 482 | to the parcel of land is utilized. |
| 483 | g. An increase in the density of use on a parcel of land |
| 484 | located within a designated receiving area may occur only |
| 485 | through the assignment or use of transferable rural land use |
| 486 | credits and shall not require a plan amendment. |
| 487 | h. A change in the density of land use on parcels located |
| 488 | within receiving areas shall be specified in a development order |
| 489 | which reflects the total number of transferable rural land use |
| 490 | credits assigned to the parcel of land and the infrastructure |
| 491 | and support services necessary to provide for a functional mix |
| 492 | of land uses corresponding to the plan of development. |
| 493 | i. Land within a rural land stewardship area may be |
| 494 | removed from the rural land stewardship area through a plan |
| 495 | amendment. |
| 496 | j. Transferable rural land use credits may be assigned at |
| 497 | different ratios of credits per acre according to the natural |
| 498 | resource or other beneficial use characteristics of the land and |
| 499 | according to the land use remaining following the transfer of |
| 500 | credits, with the highest number of credits per acre assigned to |
| 501 | the most environmentally valuable land and a lesser number of |
| 502 | credits to be assigned to open space and agricultural land. |
| 503 | k. The use or conveyance of transferable rural land use |
| 504 | credits must be recorded in the public records of the county in |
| 505 | which the property is located as a covenant or restrictive |
| 506 | easement running with the land in favor of the county and either |
| 507 | the Department of Environmental Protection, Department of |
| 508 | Agriculture and Consumer Services, a water management district, |
| 509 | or a recognized statewide land trust. |
| 510 | 8.7. Owners of land within rural land stewardship areas |
| 511 | should be provided incentives to enter into rural land |
| 512 | stewardship agreements, pursuant to existing law and rules |
| 513 | adopted thereto, with state agencies, water management |
| 514 | districts, and local governments to achieve mutually agreed upon |
| 515 | conservation objectives. Such incentives may include, but not be |
| 516 | limited to, the following: |
| 517 | a. Opportunity to accumulate transferable mitigation |
| 518 | credits. |
| 519 | b. Extended permit agreements. |
| 520 | c. Opportunities for recreational leases and ecotourism. |
| 521 | d. Payment for specified land management services on |
| 522 | publicly owned land, or property under covenant or restricted |
| 523 | easement in favor of a public entity. |
| 524 | e. Option agreements for sale to public entities or |
| 525 | private land conservation entities, in either fee or easement, |
| 526 | upon achievement of conservation objectives. |
| 527 | 9.8. The department shall report to the Legislature on an |
| 528 | annual basis on the results of implementation of rural land |
| 529 | stewardship areas authorized by the department, including |
| 530 | successes and failures in achieving the intent of the |
| 531 | Legislature as expressed in this paragraph. |
| 532 | Section 9. Paragraph (d) of subsection (1) of section |
| 533 | 163.3187, Florida Statutes, is amended to read: |
| 534 | 163.3187 Amendment of adopted comprehensive plan.-- |
| 535 | (1) Amendments to comprehensive plans adopted pursuant to |
| 536 | this part may be made not more than two times during any |
| 537 | calendar year, except: |
| 538 | (d) Any comprehensive plan amendment required by a |
| 539 | compliance agreement under pursuant to s. 163.3184(16), an |
| 540 | agricultural enclave comprehensive plan amendment pursuant to s. |
| 541 | 163.2517(7), or any large-scale comprehensive plan amendment |
| 542 | adopted as a result of informal mediation in accordance with s. |
| 543 | 163.3181(4) may be approved without regard to statutory limits |
| 544 | on the frequency of adoption of amendments to the comprehensive |
| 545 | plan. |
| 546 | Section 10. Section 259.047, Florida Statutes, is created |
| 547 | to read: |
| 548 | 259.047 Acquisition of land on which an agricultural lease |
| 549 | exists.-- |
| 550 | (1) When land with an existing agricultural lease is |
| 551 | acquired in fee simple pursuant to this chapter or chapter 375, |
| 552 | the existing agricultural lease may continue in force for the |
| 553 | actual time remaining on the lease agreement. Any entity |
| 554 | managing lands acquired under this section must consider |
| 555 | existing agricultural leases in the development of a land |
| 556 | management plan required under the provisions of s. 253.034. |
| 557 | (2) Where consistent with the purposes for which the |
| 558 | property was acquired, the state or acquiring entity shall make |
| 559 | reasonable efforts to keep lands in agricultural production |
| 560 | which are in agricultural production at the time of acquisition. |
| 561 | Section 11. Paragraph (a) of subsection (2) of section |
| 562 | 373.0361, Florida Statutes, is amended to read: |
| 563 | 373.0361 Regional water supply planning.-- |
| 564 | (2) Each regional water supply plan shall be based on at |
| 565 | least a 20-year planning period and shall include, but not be |
| 566 | limited to: |
| 567 | (a) A water supply development component that includes: |
| 568 | 1. A quantification of the water supply needs for all |
| 569 | existing and reasonably projected future uses within the |
| 570 | planning horizon. The level-of-certainty planning goal |
| 571 | associated with identifying the water supply needs of existing |
| 572 | and future reasonable-beneficial uses shall be based upon |
| 573 | meeting those needs for a 1-in-10-year drought event. Population |
| 574 | projections used for determining public water supply needs must |
| 575 | be based upon the best available data. In determining the best |
| 576 | available data, the district shall consider the University of |
| 577 | Florida's Bureau of Economic and Business Research (BEBR) medium |
| 578 | population projections and any population projection data and |
| 579 | analysis submitted by a local government pursuant to the public |
| 580 | workshop described in subsection (1) if the data and analysis |
| 581 | support the local government's comprehensive plan. Any |
| 582 | adjustment of or deviation from the BEBR projections must be |
| 583 | fully described, and the original BEBR data must be presented |
| 584 | along with the adjusted data. |
| 585 | 2. A list of water source options, including traditional |
| 586 | and alternative source options, from which local government, |
| 587 | government-owned and privately owned utilities, self-suppliers, |
| 588 | and others may choose, for water supply development, the total |
| 589 | capacity of which will, in conjunction with water conservation |
| 590 | and other demand management measures, exceed the needs |
| 591 | identified in subparagraph 1. The list of water source options |
| 592 | for water supply development must contain provisions that |
| 593 | recognize that alternative water source options for agricultural |
| 594 | self-suppliers are limited. |
| 595 | 3. For each option listed in subparagraph 2., the |
| 596 | estimated amount of water available for use and the estimated |
| 597 | costs of and potential sources of funding for water supply |
| 598 | development. |
| 599 | 4. A list of water supply development projects that meet |
| 600 | the criteria in s. 373.0831(4). |
| 601 |
|
| 602 | The water supply development component of a regional water |
| 603 | supply plan which deals with or affects public utilities and |
| 604 | public water supply for those areas served by a regional water |
| 605 | supply authority and its member governments within the |
| 606 | boundaries of the Southwest Florida Water Management District |
| 607 | shall be developed jointly by the authority and the district. |
| 608 | Section 12. Subsections (2) and (3) of section 373.236, |
| 609 | Florida Statutes, are renumbered as subsections (3) and (4), |
| 610 | respectively, and a new subsection (2) is added to said section |
| 611 | to read: |
| 612 | 373.236 Duration of permits; compliance reports.-- |
| 613 | (2) The Legislature finds that some agricultural |
| 614 | landowners remain unaware of their ability to request a 20-year |
| 615 | consumptive use permit under subsection (1) for initial permits |
| 616 | or for renewals. Therefore, the water management districts shall |
| 617 | inform agricultural applicants of this option in the application |
| 618 | form. |
| 619 | Section 13. Section 373.407, Florida Statutes, is created |
| 620 | to read: |
| 621 | 373.407 Memorandum of agreement for an agricultural- |
| 622 | related exemption.--No later than July 1, 2006, the Department |
| 623 | of Agriculture and Consumer Services and each water management |
| 624 | district shall enter into a memorandum of agreement under which |
| 625 | the Department of Agriculture and Consumer Services shall assist |
| 626 | in a determination by a water management district as to whether |
| 627 | an existing or proposed activity qualifies for the exemption set |
| 628 | forth in s. 373.406(2). The memorandum of agreement shall |
| 629 | provide a process by which, upon the request of a water |
| 630 | management district, the Department of Agriculture and Consumer |
| 631 | Services shall conduct a nonbinding review as to whether an |
| 632 | existing or proposed activity qualifies for an agricultural- |
| 633 | related exemption set forth in s. 373.406(2). The memorandum of |
| 634 | agreement shall provide processes and procedures by which the |
| 635 | Department of Agriculture and Consumer Services shall undertake |
| 636 | this review effectively and efficiently and issue a |
| 637 | recommendation. |
| 638 |
|
| 639 | ================= T I T L E A M E N D M E N T ================= |
| 640 | On page 1, remove lines 2 through 23 and insert: |
| 641 | An act relating to agriculture; requiring each water |
| 642 | management district to review rule criteria for |
| 643 | environmental resource permits, existing permit |
| 644 | exemptions, and alternatives to standard permitting |
| 645 | programs and recommend regulatory alternatives that will |
| 646 | encourage agricultural water conservation; requiring a |
| 647 | report by the Department of Agriculture and Consumer |
| 648 | Services and the Department of Environmental Protection to |
| 649 | the appropriate legislative committees; amending s. |
| 650 | 373.236, F.S.; authorizing the issuance of permits for |
| 651 | agricultural production for a specified period for uses |
| 652 | that replace a water supply source that has been impacted |
| 653 | by water-use withdrawals; amending s. 373.406, F.S.; |
| 654 | providing that an exemption provided for activities having |
| 655 | minimal adverse impact does not apply to any activities |
| 656 | that are conducted as mitigation for wetland or other |
| 657 | surface water impacts; amending s. 373.2234, F.S.; |
| 658 | conforming a cross-reference; amending s. 70.001, F.S.; |
| 659 | providing a cause of action for landowners aggrieved by |
| 660 | certain changes to agricultural land use; providing a |
| 661 | notice period; amending s. 163.2514, F.S.; defining the |
| 662 | terms "agricultural enclave" and "family farm agricultural |
| 663 | enclave" for purposes of growth policy; amending s. |
| 664 | 163.2517, F.S.; authorizing the owner of land defined as |
| 665 | an agricultural enclave or a family farm agricultural |
| 666 | enclave to apply for an amendment to the local government |
| 667 | comprehensive plan and development of regional impact |
| 668 | approval, if applicable; providing requirements relating |
| 669 | to application; providing that an amendment or approval |
| 670 | shall be granted upon failure to act in a timely fashion; |
| 671 | amending s. 163.3177, F.S.; requiring land use plans to |
| 672 | establish appropriate uses of lands in agricultural |
| 673 | enclaves; amending acreage limits for rural land |
| 674 | stewardship areas; requiring the Department of Community |
| 675 | Affairs to obtain written agreements from landowners |
| 676 | designating rural land stewardship areas; amending s. |
| 677 | 163.3187, F.S.; providing that an agricultural enclave |
| 678 | comprehensive plan amendment or a large-scale |
| 679 | comprehensive plan amendment adopted as a result of |
| 680 | informal mediation may be approved without regard to |
| 681 | statutory frequency limits; creating s. 259.047, F.S.; |
| 682 | providing requirements relating to purchase of land on |
| 683 | which an agricultural lease exists; amending s. 373.0361, |
| 684 | F.S.; providing for recognition that alternative water |
| 685 | source options for agricultural self-suppliers are |
| 686 | limited; amending s. 373.236, F.S.; requiring water |
| 687 | management districts to inform landowners of the option to |
| 688 | obtain certain consumptive use permits; creating s. |
| 689 | 373.407, F.S.; providing for memoranda of agreement |
| 690 | regarding qualification for agricultural-related |
| 691 | exemptions; providing an |