HB 0561

A bill to be entitled
2An act relating to agricultural economic development;
3creating s. 70.005, F.S.; providing a cause of action for
4landowners aggrieved by certain changes to agricultural
5land use; amending s. 163.2514, F.S.; defining the term
6"agricultural enclave" for purposes of growth policy;
7amending s. 163.2517, F.S.; authorizing the owner of land
8defined as an agricultural enclave to apply for an
9amendment to the local government comprehensive plan;
10providing requirements relating to application for a
11comprehensive plan amendment; amending s. 163.3187, F.S.;
12providing that a large scale comprehensive plan amendment
13adopted as a result of informal mediation may be approved
14without regard to the statutory frequency limits; creating
15s. 259.047, F.S.; providing requirements relating to
16purchase of land on which an agricultural lease exists;
17amending s. 373.0361, F.S.; providing for recognition that
18alternative water source options for agricultural self-
19suppliers are limited; amending s. 373.2234, F.S.;
20correcting a cross reference; amending s. 373.236, F.S.;
21requiring water management districts to inform landowners
22of the option to obtain certain consumptive use permits;
23creating s. 373.407, F.S.; providing for memoranda of
24agreement regarding qualification for agricultural-related
25exemptions; providing an effective date.
27     WHEREAS, agricultural production is a major contributor to
28the economy of the state, and
29     WHEREAS, agricultural lands constitute unique and
30irreplaceable resources of statewide importance, and
31     WHEREAS, the continuation of agricultural activities
32preserves the landscape and environmental resources of the
33state, contributes to the increase of tourism, and furthers the
34economic self-sufficiency of the people of the state, and
35     WHEREAS, the development, improvement, and encouragement
36of the agricultural industry will result in a general benefit
37to the health, safety, and welfare of the people of the state,
40Be It Enacted by the Legislature of the State of Florida:
42     Section 1.  Section 70.005, Florida Statutes, is created to
44     70.005  Cause of action.--A landowner aggrieved by the
45changing of an existing agricultural land use classification or
46agricultural zoning or the lowering of the current residential
47density designation by a county which creates an inordinate
48burden on property classified as agricultural land pursuant to
49s. 193.461 shall have an immediate cause of action in accordance
50with the procedures provided in s. 70.001, except that the 180-
51day notice period shall be reduced to a 90-day notice period.
52     Section 2.  Subsections (1) and (2) of section 163.2514,
53Florida Statutes, are renumbered as subsections (2) and (3),
54respectively, and a new subsection (1) is added to said section
55to read:
56     163.2514  Growth Policy Act; definitions.--As used in ss.
58     (1)  "Agricultural enclave" means any unincorporated,
59undeveloped parcel of 7,500 acres or less owned by a single
60person or entity, which satisfies all of the following criteria:
61     (a)  The parcel has been in continuous use for bona fide
62agricultural purposes, as defined by s. 193.461, for a period of
635 years prior to the date of any comprehensive plan amendment
65     (b)  The parcel is surrounded on at least 75 percent of its
66perimeter by existing industrial, commercial, or residential
67development or property which may be developed for industrial,
68commercial, or residential purposes without further amendment of
69a local government comprehensive plan.
70     (c)  Public services, including water, wastewater,
71transportation, schools, and recreational facilities, are
72available or are scheduled to be provided as part of an adopted
735-year schedule of capital improvements by the local government
74or by an alternative local government public infrastructure
76     Section 3.  Subsection (7) is added to section 163.2517,
77Florida Statutes, to read:
78     163.2517  Designation of urban infill and redevelopment
79area; agricultural enclave.--
80     (7)  In order to preserve commercial agricultural activity,
81encourage mixed-use infill development, prevent urban sprawl,
82and provide more efficient delivery of municipal services and
83facilities, the owner of land defined as an agricultural enclave
84pursuant to s. 163.2514(1) may apply for an amendment to the
85local government comprehensive plan pursuant to s. 163.3187.
86Such amendment may include land uses and intensities of use
87consistent with the uses and intensities of use of surrounding
88industrial, commercial, or residential areas. Any comprehensive
89plan amendment application shall include appropriate "new
90urbanism" concepts such as clustering, mixed-use development,
91the creation of rural village and city centers, and the transfer
92of development rights in order to discourage urban sprawl while
93protecting landowner rights. If such amendment is otherwise
94consistent with applicable provisions of ss. 163.3177, 163.3178,
95163.3180, 163.3191, and 163.3245, the state comprehensive plan,
96the appropriate regional policy plan, and chapter 9J-5, Florida
97Administrative Code, the amendment shall be deemed to prevent
98urban sprawl and be in compliance as defined in s. 163.3184. If
99two or more persons or entities own contiguous agricultural
100lands which, when consolidated after the effective date of this
101act, meet the definition of an agricultural enclave, such
102persons or entities shall not be entitled to apply for a
103comprehensive plan amendment pursuant to this subsection for a
104period of 5 years following consolidation.
105     Section 4.  Paragraph (d) of subsection (1) of section
106163.3187, Florida Statutes, is amended to read:
107     163.3187  Amendment of adopted comprehensive plan.--
108     (1)  Amendments to comprehensive plans adopted pursuant to
109this part may be made not more than two times during any
110calendar year, except:
111     (d)  Any comprehensive plan amendment required by a
112compliance agreement under pursuant to s. 163.3184(16) or any
113large scale comprehensive plan amendment adopted as a result of
114informal mediation in accordance with s. 163.3181(4) may be
115approved without regard to statutory limits on the frequency of
116adoption of amendments to the comprehensive plan.
117     Section 5.  Section 259.047, Florida Statutes, is created
118to read:
119     259.047  Acquisition of land on which an agricultural lease
121     (1)  When land with an existing agricultural lease is
122acquired in fee simple pursuant to this chapter or chapter 375,
123the existing agricultural lease may continue in force for the
124actual time remaining on the lease agreement. Any entity
125managing lands acquired under this section must consider
126existing agricultural leases in the development of a land
127management plan required under the provisions of s. 253.034.
128     (2)  Where consistent with the purposes for which the
129property was acquired, the state or acquiring entity shall make
130reasonable efforts to keep lands in agricultural production
131which are in agricultural production at the time of acquisition.
132     Section 6.  Paragraph (a) of subsection (2) of section
133373.0361, Florida Statutes, is amended to read:
134     373.0361  Regional water supply planning.--
135     (2)  Each regional water supply plan shall be based on at
136least a 20-year planning period and shall include, but not be
137limited to:
138     (a)  A water supply development component that includes:
139     1.  A quantification of the water supply needs for all
140existing and reasonably projected future uses within the
141planning horizon. The level-of-certainty planning goal
142associated with identifying the water supply needs of existing
143and future reasonable-beneficial uses shall be based upon
144meeting those needs for a 1-in-10-year drought event. Population
145projections used for determining public water supply needs must
146be based upon the best available data. In determining the best
147available data, the district shall consider the University of
148Florida's Bureau of Economic and Business Research (BEBR) medium
149population projections and any population projection data and
150analysis submitted by a local government pursuant to the public
151workshop described in subsection (1) if the data and analysis
152support the local government's comprehensive plan. Any
153adjustment of or deviation from the BEBR projections must be
154fully described, and the original BEBR data must be presented
155along with the adjusted data.
156     2.  A list of water source options, including traditional
157and alternative source options, from which local government,
158government-owned and privately owned utilities, self-suppliers,
159and others may choose, for water supply development, the total
160capacity of which will, in conjunction with water conservation
161and other demand management measures, exceed the needs
162identified in subparagraph 1. The list of water source options
163for water supply development must contain provisions that
164recognize that alternative water source options for agricultural
165self-suppliers are limited.
166     3.  For each option listed in subparagraph 2., the
167estimated amount of water available for use and the estimated
168costs of and potential sources of funding for water supply
170     4.  A list of water supply development projects that meet
171the criteria in s. 373.0831(4).
173The water supply development component of a regional water
174supply plan which deals with or affects public utilities and
175public water supply for those areas served by a regional water
176supply authority and its member governments within the
177boundaries of the Southwest Florida Water Management District
178shall be developed jointly by the authority and the district.
179     Section 7.  Section 373.2234, Florida Statutes, is amended
180to read:
181     373.2234  Preferred water supply sources.--The governing
182board of a water management district is authorized to adopt
183rules that identify preferred water supply sources for
184consumptive uses for which there is sufficient data to establish
185that a preferred source will provide a substantial new water
186supply to meet the existing and projected reasonable-beneficial
187uses of a water supply planning region identified pursuant to s.
188373.0361(1), while sustaining existing water resources and
189natural systems. At a minimum, such rules must contain a
190description of the preferred water supply source and an
191assessment of the water the preferred source is projected to
192produce. If an applicant proposes to use a preferred water
193supply source, that applicant's proposed water use is subject to
194s. 373.223(1), except that the proposed use of a preferred water
195supply source must be considered by a water management district
196when determining whether a permit applicant's proposed use of
197water is consistent with the public interest pursuant to s.
198373.223(1)(c). A consumptive use permit issued for the use of a
199preferred water supply source must be granted, when requested by
200the applicant, for at least a 20-year period and may be subject
201to the compliance reporting provisions of s. 373.236(4)(3).
202Nothing in this section shall be construed to exempt the use of
203preferred water supply sources from the provisions of ss.
204373.016(4) and 373.223(2) and (3), or be construed to provide
205that permits issued for the use of a nonpreferred water supply
206source must be issued for a duration of less than 20 years or
207that the use of a nonpreferred water supply source is not
208consistent with the public interest. Additionally, nothing in
209this section shall be interpreted to require the use of a
210preferred water supply source or to restrict or prohibit the use
211of a nonpreferred water supply source. Rules adopted by the
212governing board of a water management district to implement this
213section shall specify that the use of a preferred water supply
214source is not required and that the use of a nonpreferred water
215supply source is not restricted or prohibited.
216     Section 8.  Subsections (2) and (3) of section 373.236,
217Florida Statutes, are renumbered as subsections (3) and (4),
218respectively, and a new subsection (2) is added to said section
219to read:
220     373.236  Duration of permits; compliance reports.--
221     (2)  The Legislature finds that some agricultural
222landowners remain unaware of their ability to request a 20-year
223consumptive use permit under subsection (1) for initial permits
224or for renewals. Therefore, the water management districts shall
225inform agricultural applicants of this option in the application
227     Section 9.  Section 373.407, Florida Statutes, is created
228to read:
229     373.407  Memorandum of agreement for an agricultural-
230related exemption.--No later than July 1, 2006, the Department
231of Agriculture and Consumer Services and each water management
232district shall enter into a memorandum of agreement under which
233the Department of Agriculture and Consumer Services shall assist
234in a determination by a water management district as to whether
235an existing or proposed activity qualifies for the exemption set
236forth in s. 373.406(2). The memorandum of agreement shall
237provide a process by which, upon the request of a water
238management district, the Department of Agriculture and Consumer
239Services shall conduct a nonbinding review as to whether an
240existing or proposed activity qualifies for an agricultural-
241related exemption set forth in s. 373.406(2). The memorandum of
242agreement shall provide processes and procedures by which the
243Department of Agriculture and Consumer Services shall undertake
244this review effectively and efficiently and issue a
246     Section 10.  This act shall take effect upon becoming a

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