| 1 | Representative(s) Pickens, Allen, Bowen, Cannon, Grimsley, |
| 2 | Poppell, Proctor, Sansom, Stansel, and Troutman offered the |
| 3 | following: |
| 4 |
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| 5 | Amendment to Amendment (882799) (with title amendment) |
| 6 | Between lines 4265 and 4266 insert: |
| 7 | Section 41. Paragraphs (a) and (c) of subsection (4) and |
| 8 | paragraph (a) of subsection (5) and of section 70.001, Florida |
| 9 | 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, except |
| 15 | that if the property is classified as agricultural pursuant to |
| 16 | s. 193.461, the notice period is 90 days. The property owner |
| 17 | must submit, along with the claim, a bona fide, valid appraisal |
| 18 | that supports the claim and demonstrates the loss in fair market |
| 19 | value to the real property. If the action of government is the |
| 20 | culmination of a process that involves more than one |
| 21 | governmental entity, or if a complete resolution of all relevant |
| 22 | issues, in the view of the property owner or in the view of a |
| 23 | governmental entity to whom a claim is presented, requires the |
| 24 | active participation of more than one governmental entity, the |
| 25 | property owner shall present the claim as provided in this |
| 26 | section to each of the governmental entities. |
| 27 | (c) During the 90-day-notice period or the 180-day-notice |
| 28 | period, unless extended by agreement of the parties, the |
| 29 | governmental entity shall make a written settlement offer to |
| 30 | effectuate: |
| 31 | 1. An adjustment of land development or permit standards |
| 32 | or other provisions controlling the development or use of land. |
| 33 | 2. Increases or modifications in the density, intensity, |
| 34 | or use of areas of development. |
| 35 | 3. The transfer of developmental rights. |
| 36 | 4. Land swaps or exchanges. |
| 37 | 5. Mitigation, including payments in lieu of onsite |
| 38 | mitigation. |
| 39 | 6. Location on the least sensitive portion of the |
| 40 | property. |
| 41 | 7. Conditioning the amount of development or use |
| 42 | permitted. |
| 43 | 8. A requirement that issues be addressed on a more |
| 44 | comprehensive basis than a single proposed use or development. |
| 45 | 9. Issuance of the development order, a variance, special |
| 46 | exception, or other extraordinary relief. |
| 47 | 10. Purchase of the real property, or an interest therein, |
| 48 | by an appropriate governmental entity. |
| 49 | 11. No changes to the action of the governmental entity. |
| 50 |
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| 51 | If the property owner accepts the settlement offer, the |
| 52 | governmental entity may implement the settlement offer by |
| 53 | appropriate development agreement; by issuing a variance, |
| 54 | special exception, or other extraordinary relief; or by other |
| 55 | appropriate method, subject to paragraph (d). |
| 56 | (5)(a) During the 90-day-notice period or the 180-day- |
| 57 | notice period, unless a settlement offer is accepted by the |
| 58 | property owner, each of the governmental entities provided |
| 59 | notice pursuant to paragraph (4)(a) shall issue a written |
| 60 | ripeness decision identifying the allowable uses to which the |
| 61 | subject property may be put. The failure of the governmental |
| 62 | entity to issue a written ripeness decision during the |
| 63 | applicable 90-day-notice period or 180-day-notice period shall |
| 64 | be deemed to ripen the prior action of the governmental entity, |
| 65 | and shall operate as a ripeness decision that has been rejected |
| 66 | by the property owner. The ripeness decision, as a matter of |
| 67 | law, constitutes the last prerequisite to judicial review, and |
| 68 | the matter shall be deemed ripe or final for the purposes of the |
| 69 | judicial proceeding created by this section, notwithstanding the |
| 70 | availability of other administrative remedies. |
| 71 | Section 42. Subsection (5) is added to section 163.3162, |
| 72 | Florida Statutes, to read: |
| 73 | 163.3162 Agricultural Lands and Practices Act.-- |
| 74 | (5)(a) The owner of a parcel of land defined as an |
| 75 | agricultural enclave under s. 163.3164(32)(e)1. may apply for an |
| 76 | amendment to the local government comprehensive plan pursuant to |
| 77 | s. 163.3187. Such amendment is not subject to rule 9J-5.006(5), |
| 78 | Florida Administrative Code, and may include land uses and |
| 79 | intensities of use that are consistent with the uses and |
| 80 | intensities of use of the industrial, commercial, or residential |
| 81 | areas that surround the parcel. The local government shall make |
| 82 | a determination regarding transmittal of such amendment within |
| 83 | 120 days after receipt of a complete application for the |
| 84 | amendment and transmit the amendment to the state land planning |
| 85 | agency for review pursuant to s. 163.3184 at the first available |
| 86 | transmittal cycle. The state land planning agency may not use |
| 87 | any provision of rule 9J-5.006(5), Florida Administrative Code, |
| 88 | as a factor in determining compliance of an amendment under this |
| 89 | paragraph. |
| 90 | (b) In order to preserve commercial agricultural activity, |
| 91 | encourage mixed-use infill development, prevent urban sprawl, |
| 92 | and provide more efficient delivery of municipal services and |
| 93 | facilities, the owner of a parcel of land defined as an |
| 94 | agricultural enclave under s. 163.3164(32)(e)2. may apply for an |
| 95 | amendment to the local government comprehensive plan pursuant to |
| 96 | s. 163.3187. Such amendment is not subject to rule 9J-5.006(5), |
| 97 | Florida Administrative Code, and may include land uses and |
| 98 | intensities of use that are consistent with the uses and |
| 99 | intensities of use of the industrial, commercial, or residential |
| 100 | areas that surround the parcel. Each application for a |
| 101 | comprehensive plan amendment under this paragraph must include |
| 102 | appropriate new urbanism concepts such as clustering, mixed-use |
| 103 | development, the creation of rural village and city centers, and |
| 104 | the transfer of development rights in order to discourage urban |
| 105 | sprawl while protecting landowner rights. |
| 106 | 1. The local government and the owner of a parcel of land |
| 107 | that is the subject of an application for an amendment under |
| 108 | this paragraph have 180 days following the date that the local |
| 109 | government receives a complete application to negotiate in good |
| 110 | faith to reach consensus on the land uses and intensities of use |
| 111 | that are consistent with the uses and intensities of use of the |
| 112 | industrial, commercial, or residential areas that surround the |
| 113 | parcel. Within 30 days after the local government's receipt of |
| 114 | such an application, the local government and owner must agree |
| 115 | in writing to a schedule for information submittal, public |
| 116 | hearings, negotiations, and final action on the amendment, which |
| 117 | schedule may thereafter be altered only with the written consent |
| 118 | of the local government and the owner. Compliance with the |
| 119 | schedule in the written agreement constitutes good faith |
| 120 | negotiations for purposes of subparagraph 3. |
| 121 | 2. Upon conclusion of good faith negotiations under |
| 122 | subparagraph 1., regardless of whether the local government and |
| 123 | owner reach consensus on the land uses and intensities of use |
| 124 | that are consistent with the uses and intensities of use of the |
| 125 | industrial, commercial, or residential areas that surround the |
| 126 | parcel, the amendment must be transmitted to the state land |
| 127 | planning agency for review pursuant to s. 163.3184. If the local |
| 128 | government fails to transmit the amendment within 180 days after |
| 129 | receipt of a complete application, the amendment must be |
| 130 | immediately transferred to the state land planning agency for |
| 131 | such review at the first available transmittal cycle. The state |
| 132 | land planning agency may not use any provision of rule 9J- |
| 133 | 5.006(5), Florida Administrative Code, as a factor in |
| 134 | determining compliance of an amendment under this paragraph. |
| 135 | 3. If the owner fails to negotiate in good faith, rule 9J- |
| 136 | 5.006(5), Florida Administrative Code, shall apply throughout |
| 137 | the negotiation and amendment process under this paragraph. |
| 138 | (c) Nothing within this subsection relating to |
| 139 | agricultural enclaves shall preempt or replace any protection |
| 140 | currently existing for any property located within the |
| 141 | boundaries of the following areas: |
| 142 | 1. The Wekiva Study Area, as defined in s. 369.316; or |
| 143 | 2. The Everglades Protection Area, as defined in s. |
| 144 | 373.4592(2). |
| 145 | Section 43. Subsection (32) is added to section 163.3164, |
| 146 | Florida Statutes, to read: |
| 147 | 163.3164 Local Government Comprehensive Planning and Land |
| 148 | Development Regulation Act; definitions.--As used in this act: |
| 149 | (32) "Agricultural enclave" means an unincorporated, |
| 150 | undeveloped parcel that: |
| 151 | (a) Is owned by a single person or entity; |
| 152 | (b) Has been in continuous use for bona fide agricultural |
| 153 | purposes, as defined by s. 193.461, for a period of 5 years |
| 154 | prior to the date of any comprehensive plan amendment |
| 155 | application; |
| 156 | (c) Is surrounded on at least 75 percent of its perimeter |
| 157 | by: |
| 158 | 1. Property that has existing industrial, commercial, or |
| 159 | residential development; or |
| 160 | 2. Property that the local government has designated, in |
| 161 | the local government's comprehensive plan, zoning map, and |
| 162 | future land use map, as land that is to be developed for |
| 163 | industrial, commercial, or residential purposes, and at least 75 |
| 164 | percent of such property is existing industrial, commercial, or |
| 165 | residential development; |
| 166 | (d) Has public services, including water, wastewater, |
| 167 | transportation, schools, and recreation facilities, available or |
| 168 | such public services are scheduled to be provided as part of a |
| 169 | financially feasible 5-year schedule of capital improvements |
| 170 | that is adopted by the local government or by an alternative |
| 171 | provider of local government infrastructure; and |
| 172 | (e) Satisfies one of the following acreage criteria: |
| 173 | 1. The qualified parcel may not exceed 500 acres or; |
| 174 | 2. The qualified parcel may not exceed 2,560 acres. |
| 175 | Section 44. Section 259.047, Florida Statutes, is created |
| 176 | to read: |
| 177 | 259.047 Acquisition of land on which an agricultural lease |
| 178 | exists.-- |
| 179 | (1) When land with an existing agricultural lease is |
| 180 | acquired in fee simple pursuant to this chapter or chapter 375, |
| 181 | the existing agricultural lease may continue in force for the |
| 182 | actual time remaining on the lease agreement. Any entity |
| 183 | managing lands acquired under this section must consider |
| 184 | existing agricultural leases in the development of a land |
| 185 | management plan required under s. 253.034. |
| 186 | (2) Where consistent with the purposes for which the |
| 187 | property was acquired, the state or acquiring entity shall make |
| 188 | reasonable efforts to keep lands in agricultural production |
| 189 | which are in agricultural production at the time of acquisition. |
| 190 | Section 45. Paragraph (a) of subsection (2) of section |
| 191 | 373.0361, Florida Statutes, is amended to read: |
| 192 | 373.0361 Regional water supply planning.-- |
| 193 | (2) Each regional water supply plan shall be based on at |
| 194 | least a 20-year planning period and shall include, but not be |
| 195 | limited to: |
| 196 | (a) A water supply development component that includes: |
| 197 | 1. A quantification of the water supply needs for all |
| 198 | existing and reasonably projected future uses within the |
| 199 | planning horizon. The level-of-certainty planning goal |
| 200 | associated with identifying the water supply needs of existing |
| 201 | and future reasonable-beneficial uses shall be based upon |
| 202 | meeting those needs for a 1-in-10-year drought event. Population |
| 203 | projections used for determining public water supply needs must |
| 204 | be based upon the best available data. In determining the best |
| 205 | available data, the district shall consider the University of |
| 206 | Florida's Bureau of Economic and Business Research (BEBR) medium |
| 207 | population projections and any population projection data and |
| 208 | analysis submitted by a local government pursuant to the public |
| 209 | workshop described in subsection (1) if the data and analysis |
| 210 | support the local government's comprehensive plan. Any |
| 211 | adjustment of or deviation from the BEBR projections must be |
| 212 | fully described, and the original BEBR data must be presented |
| 213 | along with the adjusted data. |
| 214 | 2. A list of water source options, including traditional |
| 215 | and alternative source options, from which local government, |
| 216 | government-owned and privately owned utilities, self-suppliers, |
| 217 | and others may choose, for water supply development, the total |
| 218 | capacity of which will, in conjunction with water conservation |
| 219 | and other demand management measures, exceed the needs |
| 220 | identified in subparagraph 1. The list of water-source options |
| 221 | for water supply development must contain provisions that |
| 222 | recognize that alternative water-source options for agricultural |
| 223 | self-suppliers are limited. |
| 224 | 3. For each option listed in subparagraph 2., the |
| 225 | estimated amount of water available for use and the estimated |
| 226 | costs of and potential sources of funding for water supply |
| 227 | development. |
| 228 | 4. A list of water supply development projects that meet |
| 229 | the criteria in s. 373.0831(4). |
| 230 |
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| 231 | The water supply development component of a regional water |
| 232 | supply plan which deals with or affects public utilities and |
| 233 | public water supply for those areas served by a regional water |
| 234 | supply authority and its member governments within the |
| 235 | boundaries of the Southwest Florida Water Management District |
| 236 | shall be developed jointly by the authority and the district. |
| 237 | Section 46. Subsections (2) and (3) of section 373.236, |
| 238 | Florida Statutes, are renumbered as subsections (3) and (4), |
| 239 | respectively, and a new subsection (2) is added to said section, |
| 240 | to read: |
| 241 | 373.236 Duration of permits; compliance reports.-- |
| 242 | (2) The Legislature finds that some agricultural |
| 243 | landowners remain unaware of their ability to request a 20-year |
| 244 | consumptive use permit under subsection (1) for initial permits |
| 245 | or for renewals. Therefore, the water management districts shall |
| 246 | inform agricultural applicants of this option in the application |
| 247 | form. |
| 248 | Section 47. Section 373.2234, Florida Statutes, is amended |
| 249 | to read: |
| 250 | 373.2234 Preferred water supply sources.--The governing |
| 251 | board of a water management district is authorized to adopt |
| 252 | rules that identify preferred water supply sources for |
| 253 | consumptive uses for which there is sufficient data to establish |
| 254 | that a preferred source will provide a substantial new water |
| 255 | supply to meet the existing and projected reasonable-beneficial |
| 256 | uses of a water supply planning region identified pursuant to s. |
| 257 | 373.0361(1), while sustaining existing water resources and |
| 258 | natural systems. At a minimum, such rules must contain a |
| 259 | description of the preferred water supply source and an |
| 260 | assessment of the water the preferred source is projected to |
| 261 | produce. If an applicant proposes to use a preferred water |
| 262 | supply source, that applicant's proposed water use is subject to |
| 263 | s. 373.223(1), except that the proposed use of a preferred water |
| 264 | supply source must be considered by a water management district |
| 265 | when determining whether a permit applicant's proposed use of |
| 266 | water is consistent with the public interest pursuant to s. |
| 267 | 373.223(1)(c). A consumptive use permit issued for the use of a |
| 268 | preferred water supply source must be granted, when requested by |
| 269 | the applicant, for at least a 20-year period and may be subject |
| 270 | to the compliance reporting provisions of s. 373.236(4)(3). |
| 271 | Nothing in this section shall be construed to exempt the use of |
| 272 | preferred water supply sources from the provisions of ss. |
| 273 | 373.016(4) and 373.223(2) and (3), or be construed to provide |
| 274 | that permits issued for the use of a nonpreferred water supply |
| 275 | source must be issued for a duration of less than 20 years or |
| 276 | that the use of a nonpreferred water supply source is not |
| 277 | consistent with the public interest. Additionally, nothing in |
| 278 | this section shall be interpreted to require the use of a |
| 279 | preferred water supply source or to restrict or prohibit the use |
| 280 | of a nonpreferred water supply source. Rules adopted by the |
| 281 | governing board of a water management district to implement this |
| 282 | section shall specify that the use of a preferred water supply |
| 283 | source is not required and that the use of a nonpreferred water |
| 284 | supply source is not restricted or prohibited. |
| 285 | Section 48. Section 373.407, Florida Statutes, is created |
| 286 | to read: |
| 287 | 373.407 Memorandum of agreement for an agricultural- |
| 288 | related exemption.--No later than July 1, 2006, the Department |
| 289 | of Agriculture and Consumer Services and each water management |
| 290 | district shall enter into a memorandum of agreement under which |
| 291 | the Department of Agriculture and Consumer Services shall assist |
| 292 | in a determination by a water management district as to whether |
| 293 | an existing or proposed activity qualifies for the exemption in |
| 294 | s. 373.406(2). The memorandum of agreement shall provide a |
| 295 | process by which, upon the request of a water management |
| 296 | district or an affected person engaged in the occupation of |
| 297 | agriculture, silviculture, floriculture, or horticulture, the |
| 298 | water management district and the Department of Agriculture and |
| 299 | Consumer Services shall conduct a review as to whether an |
| 300 | existing or proposed activity qualifies for an agricultural- |
| 301 | related exemption in s. 373.406(2). The memorandum of agreement |
| 302 | shall provide processes and procedures for the conduct of the |
| 303 | review, including the issuance of a recommendation by the |
| 304 | Department of Agriculture and Consumer Services. |
| 305 |
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| 306 |
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| 307 | ================ T I T L E A M E N D M E N T ============= |
| 308 | Remove line 4469 and insert: |
| 309 | severability; amending s. 70.001, F.S.; reducing the period |
| 310 | within which an owner of agricultural land must provide notice |
| 311 | of a claim prior to filing an action against a governmental |
| 312 | entity regarding private property rights; amending s. 163.3162, |
| 313 | F.S.; providing for application for an amendment to the local |
| 314 | comprehensive plan by the owner of land that meets certain |
| 315 | provisions of the definition of an agricultural enclave; |
| 316 | providing requirements relating to such applications; exempting |
| 317 | certain amendments from specified rules of the Department of |
| 318 | Community Affairs under certain circumstances; amending s. |
| 319 | 163.3164, F.S.; defining the term "agricultural enclave" for |
| 320 | purposes of the Local Government Comprehensive Planning and Land |
| 321 | Development Regulation Act; creating s. 259.047, F.S.; providing |
| 322 | requirements relating to the purchase of land on which an |
| 323 | agricultural lease exists; amending s. 373.0361, F.S.; providing |
| 324 | for recognition that alternative water-source options for |
| 325 | agricultural self-suppliers are limited; amending s. 373.236, |
| 326 | F.S.; requiring water management districts to inform landowners |
| 327 | of the option to obtain certain consumptive use permits; |
| 328 | amending s. 373.2234, F.S.; conforming a cross reference; |
| 329 | creating s. 373.407, F.S.; providing for memoranda of agreement |
| 330 | regarding qualification for agricultural-related exemptions; |
| 331 | providing effective dates. |