1 | A bill to be entitled |
2 | An act relating to agricultural economic development; |
3 | amending s. 70.001, F.S.; providing a cause of action for |
4 | landowners aggrieved by certain changes to agricultural |
5 | land use; providing a notice period; amending s. 163.2514, |
6 | F.S.; defining the terms "agricultural enclave" and |
7 | "family farm agricultural enclave" for purposes of growth |
8 | policy; amending s. 163.2517, F.S.; authorizing the owner |
9 | of land defined as an agricultural enclave or a family |
10 | farm agricultural enclave to apply for an amendment to the |
11 | local government comprehensive plan and development of |
12 | regional impact approval, if applicable; providing |
13 | requirements relating to application; providing that an |
14 | amendment or approval shall be granted upon failure to act |
15 | in a timely fashion; amending s. 163.3177, F.S.; requiring |
16 | land use plans to establish appropriate uses of lands in |
17 | agricultural enclaves; amending acreage limits for rural |
18 | land stewardship areas; requiring the Department of |
19 | Community Affairs to obtain written agreements from |
20 | landowners designating rural land stewardship areas; |
21 | amending s. 163.3187, F.S.; providing that an agricultural |
22 | enclave comprehensive plan amendment or a large-scale |
23 | comprehensive plan amendment adopted as a result of |
24 | informal mediation may be approved without regard to |
25 | statutory frequency limits; creating s. 259.047, F.S.; |
26 | providing requirements relating to purchase of land on |
27 | which an agricultural lease exists; amending s. 373.0361, |
28 | F.S.; providing for recognition that alternative water |
29 | source options for agricultural self-suppliers are |
30 | limited; amending s. 373.2234, F.S.; correcting a cross |
31 | reference; amending s. 373.236, F.S.; requiring water |
32 | management districts to inform landowners of the option to |
33 | obtain certain consumptive use permits; creating s. |
34 | 373.407, F.S.; providing for memoranda of agreement |
35 | regarding qualification for agricultural-related |
36 | exemptions; providing an effective date. |
37 |
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38 | WHEREAS, agricultural production is a major contributor to |
39 | the economy of the state, and |
40 | WHEREAS, agricultural lands constitute unique and |
41 | irreplaceable resources of statewide importance, and |
42 | WHEREAS, the continuation of agricultural activities |
43 | preserves the landscape and environmental resources of the |
44 | state, contributes to the increase of tourism, and furthers the |
45 | economic self-sufficiency of the people of the state, and |
46 | WHEREAS, the development, improvement, and encouragement |
47 | of the agricultural industry will result in a general benefit |
48 | to the health, safety, and welfare of the people of the state, |
49 | NOW, THEREFORE, |
50 |
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51 | Be It Enacted by the Legislature of the State of Florida: |
52 |
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53 | Section 1. Subsection (4), paragraph (a) of subsection |
54 | (5), and paragraph (c) of subsection (6) of section 70.001, |
55 | Florida Statutes, are amended to read: |
56 | 70.001 Private property rights protection.-- |
57 | (4)(a) Not less than 180 days prior to filing an action |
58 | under this section against a governmental entity, a property |
59 | owner who seeks compensation under this section must present the |
60 | claim in writing to the head of the governmental entity. The |
61 | property owner must submit, along with the claim, a bona fide, |
62 | valid appraisal that supports the claim and demonstrates the |
63 | loss in fair market value to the real property. If the action of |
64 | government is the culmination of a process that involves more |
65 | than one governmental entity, or if a complete resolution of all |
66 | relevant issues, in the view of the property owner or in the |
67 | view of a governmental entity to whom a claim is presented, |
68 | requires the active participation of more than one governmental |
69 | entity, the property owner shall present the claim as provided |
70 | in this section to each of the governmental entities. |
71 | (b) A landowner aggrieved by the changing of an existing |
72 | agricultural land use classification or agricultural zoning or |
73 | the lowering of the current density designation which creates an |
74 | inordinate burden on property classified as agricultural land |
75 | pursuant to s. 193.461 shall have a cause of action in |
76 | accordance with the procedures provided in this section, except |
77 | that the 180-day-notice period shall be reduced to a 90-day- |
78 | notice period. |
79 | (c)(b) The governmental entity shall provide written |
80 | notice of the claim to all parties to any administrative action |
81 | that gave rise to the claim, and to owners of real property |
82 | contiguous to the owner's property at the addresses listed on |
83 | the most recent county tax rolls. Within 15 days after the claim |
84 | being presented, the governmental entity shall report the claim |
85 | in writing to the Department of Legal Affairs, and shall provide |
86 | the department with the name, address, and telephone number of |
87 | the employee of the governmental entity from whom additional |
88 | information may be obtained about the claim during the pendency |
89 | of the claim and any subsequent judicial action. |
90 | (d)(c) During the 180-day-notice period or the 90-day- |
91 | notice period, unless extended by agreement of the parties, the |
92 | governmental entity shall make a written settlement offer to |
93 | effectuate: |
94 | 1. An adjustment of land development or permit standards |
95 | or other provisions controlling the development or use of land. |
96 | 2. Increases or modifications in the density, intensity, |
97 | or use of areas of development. |
98 | 3. The transfer of developmental rights. |
99 | 4. Land swaps or exchanges. |
100 | 5. Mitigation, including payments in lieu of onsite |
101 | mitigation. |
102 | 6. Location on the least sensitive portion of the |
103 | property. |
104 | 7. Conditioning the amount of development or use |
105 | permitted. |
106 | 8. A requirement that issues be addressed on a more |
107 | comprehensive basis than a single proposed use or development. |
108 | 9. Issuance of the development order, a variance, special |
109 | exception, or other extraordinary relief. |
110 | 10. Purchase of the real property, or an interest therein, |
111 | by an appropriate governmental entity. |
112 | 11. No changes to the action of the governmental entity. |
113 |
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114 | If the property owner accepts the settlement offer, the |
115 | governmental entity may implement the settlement offer by |
116 | appropriate development agreement; by issuing a variance, |
117 | special exception, or other extraordinary relief; or by other |
118 | appropriate method, subject to paragraph (e)(d). |
119 | (e)(d)1. Whenever a governmental entity enters into a |
120 | settlement agreement under this section which would have the |
121 | effect of a modification, variance, or a special exception to |
122 | the application of a rule, regulation, or ordinance as it would |
123 | otherwise apply to the subject real property, the relief granted |
124 | shall protect the public interest served by the regulations at |
125 | issue and be the appropriate relief necessary to prevent the |
126 | governmental regulatory effort from inordinately burdening the |
127 | real property. |
128 | 2. Whenever a governmental entity enters into a settlement |
129 | agreement under this section which would have the effect of |
130 | contravening the application of a statute as it would otherwise |
131 | apply to the subject real property, the governmental entity and |
132 | the property owner shall jointly file an action in the circuit |
133 | court where the real property is located for approval of the |
134 | settlement agreement by the court to ensure that the relief |
135 | granted protects the public interest served by the statute at |
136 | issue and is the appropriate relief necessary to prevent the |
137 | governmental regulatory effort from inordinately burdening the |
138 | real property. |
139 | (5)(a) During the 180-day-notice period or the 90-day- |
140 | notice period, unless a settlement offer is accepted by the |
141 | property owner, each of the governmental entities provided |
142 | notice pursuant to paragraph (4)(a) shall issue a written |
143 | ripeness decision identifying the allowable uses to which the |
144 | subject property may be put. The failure of the governmental |
145 | entity to issue a written ripeness decision during the 180-day- |
146 | notice period or the 90-day-notice period shall be deemed to |
147 | ripen the prior action of the governmental entity, and shall |
148 | operate as a ripeness decision that has been rejected by the |
149 | property owner. The ripeness decision, as a matter of law, |
150 | constitutes the last prerequisite to judicial review, and the |
151 | matter shall be deemed ripe or final for the purposes of the |
152 | judicial proceeding created by this section, notwithstanding the |
153 | availability of other administrative remedies. |
154 | (6) |
155 | (c)1. In any action filed pursuant to this section, the |
156 | property owner is entitled to recover reasonable costs and |
157 | attorney fees incurred by the property owner, from the |
158 | governmental entity or entities, according to their |
159 | proportionate share as determined by the court, from the date of |
160 | the filing of the circuit court action, if the property owner |
161 | prevails in the action and the court determines that the |
162 | settlement offer, including the ripeness decision, of the |
163 | governmental entity or entities did not constitute a bona fide |
164 | offer to the property owner which reasonably would have resolved |
165 | the claim, based upon the knowledge available to the |
166 | governmental entity or entities and the property owner during |
167 | the 180-day-notice period or the 90-day-notice period. |
168 | 2. In any action filed pursuant to this section, the |
169 | governmental entity or entities are entitled to recover |
170 | reasonable costs and attorney fees incurred by the governmental |
171 | entity or entities from the date of the filing of the circuit |
172 | court action, if the governmental entity or entities prevail in |
173 | the action and the court determines that the property owner did |
174 | not accept a bona fide settlement offer, including the ripeness |
175 | decision, which reasonably would have resolved the claim fairly |
176 | to the property owner if the settlement offer had been accepted |
177 | by the property owner, based upon the knowledge available to the |
178 | governmental entity or entities and the property owner during |
179 | the 180-day-notice period or the 90-day-notice period. |
180 | 3. The determination of total reasonable costs and |
181 | attorney fees pursuant to this paragraph shall be made by the |
182 | court and not by the jury. Any proposed settlement offer or any |
183 | proposed ripeness decision, except for the final written |
184 | settlement offer or the final written ripeness decision, and any |
185 | negotiations or rejections in regard to the formulation either |
186 | of the settlement offer or the ripeness decision, are |
187 | inadmissible in the subsequent proceeding established by this |
188 | section except for the purposes of the determination pursuant to |
189 | this paragraph. |
190 | Section 2. Subsections (1) and (2) of section 163.2514, |
191 | Florida Statutes, are renumbered as subsections (3) and (4), |
192 | respectively, and new subsections (1) and (2) are added to said |
193 | section to read: |
194 | 163.2514 Growth Policy Act; definitions.--As used in ss. |
195 | 163.2511-163.2526: |
196 | (1) "Agricultural enclave" means any unincorporated, |
197 | undeveloped parcel owned by a single person or entity that |
198 | satisfies all of the following criteria: |
199 | (a) The size of an enclave shall not exceed 2,560 acres, |
200 | provided that when an enclave parcel is active production |
201 | agriculture and a damaging pest, disease, or natural disaster |
202 | had or has been identified within 5 miles of the agricultural |
203 | property, the size shall not exceed 5,120 acres. |
204 | (b) The parcel has been in continuous use for bona fide |
205 | agricultural purposes, as defined in s. 193.461, for a period of |
206 | 5 years prior to the date of any comprehensive plan amendment |
207 | application. |
208 | (c) The parcel is surrounded on at least 75 percent of its |
209 | perimeter by existing industrial, commercial, or residential |
210 | development or property that the local government has designated |
211 | as land to be developed for industrial, commercial, or |
212 | residential purposes and only requires building and related |
213 | permits for that use without further amendment of a local |
214 | government comprehensive plan. |
215 | (d) Public services, including water, wastewater, |
216 | transportation, schools, and recreation facilities, are |
217 | available or are scheduled to be provided as part of an adopted |
218 | 5-year schedule of capital improvements by the local government |
219 | or by an alternative local government public infrastructure |
220 | provider. |
221 | (2) "Family farm agricultural enclave" means an |
222 | unincorporated undeveloped parcel of land not exceeding 500 |
223 | acres that meets the criteria for an agricultural enclave. |
224 | Section 3. Subsection (7) is added to section 163.2517, |
225 | Florida Statutes, to read: |
226 | 163.2517 Designation of urban infill and redevelopment |
227 | area; agricultural enclaves.-- |
228 | (7)(a) In order to preserve commercial agricultural |
229 | activity, encourage mixed-use infill development, prevent urban |
230 | sprawl, and provide more efficient delivery of municipal |
231 | services and facilities, the owner of land defined as an |
232 | agricultural enclave pursuant to s. 163.2514(1) may apply for an |
233 | amendment to the local government comprehensive plan pursuant to |
234 | s. 163.3187 and development of regional impact approval, if |
235 | applicable. Such amendment and development of regional impact |
236 | approval, if applicable, may include land uses and intensities |
237 | of use consistent with the uses and intensities of use of |
238 | surrounding industrial, commercial, or residential areas. Any |
239 | application for a comprehensive plan amendment and development |
240 | of regional impact approval, if applicable, shall include |
241 | appropriate "new urbanism" concepts such as clustering, mixed- |
242 | use development, the creation of rural village and city centers, |
243 | and the transfer of development rights in order to discourage |
244 | urban sprawl while protecting landowner rights. If such |
245 | amendment and application for development of regional impact |
246 | approval is otherwise consistent with applicable provisions of |
247 | ss. 163.3177, 163.3178, 163.3180, 163.3191, and 163.3245, the |
248 | state comprehensive plan, the appropriate regional policy plan, |
249 | and chapter 9J-5, Florida Administrative Code, the amendment |
250 | shall be deemed to prevent urban sprawl and be in compliance as |
251 | defined in s. 163.3184, and the application for development of |
252 | regional impact shall be approved. |
253 | (b) The owner of land defined as a family farm |
254 | agricultural enclave pursuant to s. 163.2514(2) may apply for an |
255 | amendment to the local government comprehensive plan pursuant to |
256 | s. 163.3187. Such amendment may include land uses and |
257 | intensities of use consistent with the uses and intensities of |
258 | use of surrounding industrial, commercial, or residential areas. |
259 | If such amendment is otherwise consistent with applicable |
260 | provisions of ss. 163.3177, 163.3178, 163.3180, 163.3191, and |
261 | 163.3245, the state comprehensive plan, the appropriate regional |
262 | policy plan, and chapter 9J-5, Florida Administrative Code, the |
263 | amendment shall be deemed to prevent urban sprawl and be in |
264 | compliance as defined in s. 163.3184. |
265 | (c) If the local government has failed to act within 180 |
266 | days on the comprehensive plan amendment or application for |
267 | development of regional impact approval, the agricultural |
268 | enclaves as defined in s. 163.2514(1) and (2) shall be granted |
269 | the comprehensive plan amendment and development of regional |
270 | impact approval requested. |
271 | Section 4. Paragraph (a) of subsection (6) and paragraph |
272 | (d) of subsection (11) of section 163.3177, Florida Statutes, |
273 | are amended to read: |
274 | 163.3177 Required and optional elements of comprehensive |
275 | plan; studies and surveys.-- |
276 | (6) In addition to the requirements of subsections |
277 | (1)-(5), the comprehensive plan shall include the following |
278 | elements: |
279 | (a) A future land use plan element designating proposed |
280 | future general distribution, location, and extent of the uses of |
281 | land for residential uses, commercial uses, industry, |
282 | agriculture, recreation, conservation, education, public |
283 | buildings and grounds, other public facilities, and other |
284 | categories of the public and private uses of land. Counties are |
285 | encouraged to designate rural land stewardship areas, pursuant |
286 | to the provisions of paragraph (11)(d), as overlays on the |
287 | future land use map. The proposed distribution, location, and |
288 | extent of the various categories of land use shall be shown on a |
289 | land use map or map series which shall be supplemented by goals, |
290 | policies, and measurable objectives. |
291 | 1. Each future land use category must be defined in terms |
292 | of uses included, and must include standards to be followed in |
293 | the control and distribution of population densities and |
294 | building and structure intensities. The proposed distribution, |
295 | location, and extent of the various categories of land use shall |
296 | be shown on a land use map or map series which shall be |
297 | supplemented by goals, policies, and measurable objectives. |
298 | 2. The future land use plan shall be based upon surveys, |
299 | studies, and data regarding the area, including the amount of |
300 | land required to accommodate anticipated growth; the projected |
301 | population of the area; the character of undeveloped land; the |
302 | availability of public services; the need for redevelopment, |
303 | including the renewal of blighted areas and the elimination of |
304 | nonconforming uses which are inconsistent with the character of |
305 | the community; the compatibility of uses on lands adjacent to or |
306 | closely proximate to military installations; and, in rural |
307 | communities, the need for job creation, capital investment, and |
308 | economic development that will strengthen and diversify the |
309 | community's economy. |
310 | 3. The future land use plan may designate areas for future |
311 | planned development use involving combinations of types of uses |
312 | for which special regulations may be necessary to ensure |
313 | development in accord with the principles and standards of the |
314 | comprehensive plan and this act. |
315 | 4. The future land use plan element shall include criteria |
316 | to be used to achieve the compatibility of adjacent or closely |
317 | proximate lands with military installations. |
318 | 5. In addition, For rural communities, the amount of land |
319 | designated for future planned industrial use shall be based upon |
320 | surveys and studies that reflect the need for job creation, |
321 | capital investment, and the necessity to strengthen and |
322 | diversify the local economies, and shall not be limited solely |
323 | by the projected population of the rural community. |
324 | 6. The future land use plan shall delineate agricultural |
325 | enclaves, as defined in s. 163.2514(1) and (2), and establish |
326 | appropriate uses of land in these enclaves that are consistent |
327 | with the intensities of use of surrounding industrial, |
328 | commercial, or residential areas. |
329 | 7. The future land use plan of a county may also designate |
330 | areas for possible future municipal incorporation. |
331 | 8. The land use maps or map series shall generally |
332 | identify and depict historic district boundaries and shall |
333 | designate historically significant properties meriting |
334 | protection. |
335 | 9. The future land use element must clearly identify the |
336 | land use categories in which public schools are an allowable |
337 | use. When delineating the land use categories in which public |
338 | schools are an allowable use, a local government shall include |
339 | in the categories sufficient land proximate to residential |
340 | development to meet the projected needs for schools in |
341 | coordination with public school boards and may establish |
342 | differing criteria for schools of different type or size. Each |
343 | local government shall include lands contiguous to existing |
344 | school sites, to the maximum extent possible, within the land |
345 | use categories in which public schools are an allowable use. All |
346 | comprehensive plans must comply with the school siting |
347 | requirements of this paragraph no later than October 1, 1999. |
348 | The failure by a local government to comply with these school |
349 | siting requirements by October 1, 1999, will result in the |
350 | prohibition of the local government's ability to amend the local |
351 | comprehensive plan, except for plan amendments described in s. |
352 | 163.3187(1)(b), until the school siting requirements are met. |
353 | Amendments proposed by a local government for purposes of |
354 | identifying the land use categories in which public schools are |
355 | an allowable use or for adopting or amending the school-siting |
356 | maps pursuant to s. 163.31776(3) are exempt from the limitation |
357 | on the frequency of plan amendments contained in s. 163.3187. |
358 | The future land use element shall include criteria that |
359 | encourage the location of schools proximate to urban residential |
360 | areas to the extent possible and shall require that the local |
361 | government seek to collocate public facilities, such as parks, |
362 | libraries, and community centers, with schools to the extent |
363 | possible and to encourage the use of elementary schools as focal |
364 | points for neighborhoods. For schools serving predominantly |
365 | rural counties, defined as a county with a population of 100,000 |
366 | or fewer, an agricultural land use category shall be eligible |
367 | for the location of public school facilities if the local |
368 | comprehensive plan contains school siting criteria and the |
369 | location is consistent with such criteria. Local governments |
370 | required to update or amend their comprehensive plan to include |
371 | criteria and address compatibility of adjacent or closely |
372 | proximate lands with existing military installations in their |
373 | future land use plan element shall transmit the update or |
374 | amendment to the department by June 30, 2006. |
375 | (11) |
376 | (d)1. The department, in cooperation with the Department |
377 | of Agriculture and Consumer Services, the Department of |
378 | Environmental Protection, water management districts, and |
379 | regional planning councils, shall provide assistance to local |
380 | governments in the implementation of this paragraph and rule 9J- |
381 | 5.006(5)(l), Florida Administrative Code. Implementation of |
382 | those provisions shall include a process by which the department |
383 | may authorize local governments and landowners to designate all |
384 | or portions of lands classified in the future land use element |
385 | as predominantly agricultural, rural, open, open-rural, or a |
386 | substantively equivalent land use, as a rural land stewardship |
387 | area within which planning and economic incentives are applied |
388 | to encourage the implementation of innovative and flexible |
389 | planning and development strategies and creative land use |
390 | planning techniques, including those contained herein and in |
391 | rule 9J-5.006(5)(l), Florida Administrative Code. Assistance may |
392 | include, but is not limited to: |
393 | a. Assistance from the Department of Environmental |
394 | Protection and water management districts in creating the |
395 | geographic information systems land cover database and aerial |
396 | photogrammetry needed to prepare for a rural land stewardship |
397 | area; |
398 | b. Support for local government implementation of rural |
399 | land stewardship concepts by providing information and |
400 | assistance to local governments regarding land acquisition |
401 | programs that may be used by the local government or landowners |
402 | to leverage the protection of greater acreage and maximize the |
403 | effectiveness of rural land stewardship areas; and |
404 | c. Expansion of the role of the Department of Community |
405 | Affairs as a resource agency to facilitate establishment of |
406 | rural land stewardship areas in smaller rural counties that do |
407 | not have the staff or planning budgets to create a rural land |
408 | stewardship area. |
409 | 2. The department shall encourage participation by local |
410 | governments of different sizes and rural characteristics in |
411 | establishing and implementing rural land stewardship areas. It |
412 | is the intent of the Legislature that rural land stewardship |
413 | areas be used to further the following broad principles of rural |
414 | sustainability: restoration and maintenance of the economic |
415 | value of rural land; control of urban sprawl; identification and |
416 | protection of ecosystems, habitats, and natural resources; |
417 | promotion of rural economic activity; maintenance of the |
418 | viability of Florida's agricultural economy; and protection of |
419 | the character of rural areas of Florida. Rural land stewardship |
420 | areas may be multicounty in order to encourage coordinated |
421 | regional stewardship planning. |
422 | 3. A local government, in conjunction with a regional |
423 | planning council, a stakeholder organization of private land |
424 | owners, or another local government, or any landowner or |
425 | landowners with 2,500 acres or more of contiguous agricultural |
426 | land as defined by s. 193.461 shall notify the department in |
427 | writing of its intent to designate a rural land stewardship |
428 | area. The written notification shall describe the basis for the |
429 | designation, including the extent to which the rural land |
430 | stewardship area enhances rural land values, controls urban |
431 | sprawl, provides necessary open space for agriculture and |
432 | protection of the natural environment, promotes rural economic |
433 | activity, and maintains rural character and the economic |
434 | viability of agriculture. |
435 | 4. A rural land stewardship area shall be not less than |
436 | 2,500 10,000 acres and shall be located outside of |
437 | municipalities and established urban growth boundaries, and |
438 | shall be designated by plan amendment. The plan amendment |
439 | designating a rural land stewardship area shall be subject to |
440 | review by the Department of Community Affairs pursuant to s. |
441 | 163.3184 and shall provide for the following: |
442 | a. Criteria for the designation of receiving areas within |
443 | rural land stewardship areas in which innovative planning and |
444 | development strategies may be applied. Criteria shall at a |
445 | minimum provide for the following: adequacy of suitable land to |
446 | accommodate development so as to avoid conflict with |
447 | environmentally sensitive areas, resources, and habitats; |
448 | compatibility between and transition from higher density uses to |
449 | lower intensity rural uses; the establishment of receiving area |
450 | service boundaries which provide for a separation between |
451 | receiving areas and other land uses within the rural land |
452 | stewardship area through limitations on the extension of |
453 | services; and connection of receiving areas with the rest of the |
454 | rural land stewardship area using rural design and rural road |
455 | corridors. |
456 | b. Goals, objectives, and policies setting forth the |
457 | innovative planning and development strategies to be applied |
458 | within rural land stewardship areas pursuant to the provisions |
459 | of this section. |
460 | c. A process for the implementation of innovative planning |
461 | and development strategies within the rural land stewardship |
462 | area, including those described in this subsection and rule 9J- |
463 | 5.006(5)(l), Florida Administrative Code, which provide for a |
464 | functional mix of land uses and which are applied through the |
465 | adoption by the local government of zoning and land development |
466 | regulations applicable to the rural land stewardship area. |
467 | d. A process which encourages visioning pursuant to s. |
468 | 163.3167(11) to ensure that innovative planning and development |
469 | strategies comply with the provisions of this section. |
470 | e. The control of sprawl through the use of innovative |
471 | strategies and creative land use techniques consistent with the |
472 | provisions of this subsection and rule 9J-5.006(5)(l), Florida |
473 | Administrative Code. |
474 | 5. In selecting a landowner or landowners, the department |
475 | shall by written agreement: |
476 | a. Ensure that the landowner has expressed his or her |
477 | intent to designate a rural land stewardship area pursuant to |
478 | the provisions of this subsection and clarify that the rural |
479 | land stewardship area is intended. |
480 | b. Ensure that the landowner has the financial and |
481 | administrative capabilities to implement a rural land |
482 | stewardship area. |
483 | 6.5. A receiving area shall be designated by the adoption |
484 | of a land development regulation. Prior to the designation of a |
485 | receiving area, the local government shall provide the |
486 | Department of Community Affairs a period of 30 days in which to |
487 | review a proposed receiving area for consistency with the rural |
488 | land stewardship area plan amendment and to provide comments to |
489 | the local government. |
490 | 7.6. Upon the adoption of a plan amendment creating a |
491 | rural land stewardship area, the local government shall, by |
492 | ordinance, assign to the area a certain number of credits, to be |
493 | known as "transferable rural land use credits," which shall not |
494 | constitute a right to develop land, nor increase density of |
495 | land, except as provided by this section. The total amount of |
496 | transferable rural land use credits assigned to the rural land |
497 | stewardship area must correspond to the 25-year or greater |
498 | projected population of the rural land stewardship area. |
499 | Transferable rural land use credits are subject to the following |
500 | limitations: |
501 | a. Transferable rural land use credits may only exist |
502 | within a rural land stewardship area. |
503 | b. Transferable rural land use credits may only be used on |
504 | lands designated as receiving areas and then solely for the |
505 | purpose of implementing innovative planning and development |
506 | strategies and creative land use planning techniques adopted by |
507 | the local government pursuant to this section. |
508 | c. Transferable rural land use credits assigned to a |
509 | parcel of land within a rural land stewardship area shall cease |
510 | to exist if the parcel of land is removed from the rural land |
511 | stewardship area by plan amendment. |
512 | d. Neither the creation of the rural land stewardship area |
513 | by plan amendment nor the assignment of transferable rural land |
514 | use credits by the local government shall operate to displace |
515 | the underlying density of land uses assigned to a parcel of land |
516 | within the rural land stewardship area; however, if transferable |
517 | rural land use credits are transferred from a parcel for use |
518 | within a designated receiving area, the underlying density |
519 | assigned to the parcel of land shall cease to exist. |
520 | e. The underlying density on each parcel of land located |
521 | within a rural land stewardship area shall not be increased or |
522 | decreased by the local government, except as a result of the |
523 | conveyance or use of transferable rural land use credits, as |
524 | long as the parcel remains within the rural land stewardship |
525 | area. |
526 | f. Transferable rural land use credits shall cease to |
527 | exist on a parcel of land where the underlying density assigned |
528 | to the parcel of land is utilized. |
529 | g. An increase in the density of use on a parcel of land |
530 | located within a designated receiving area may occur only |
531 | through the assignment or use of transferable rural land use |
532 | credits and shall not require a plan amendment. |
533 | h. A change in the density of land use on parcels located |
534 | within receiving areas shall be specified in a development order |
535 | which reflects the total number of transferable rural land use |
536 | credits assigned to the parcel of land and the infrastructure |
537 | and support services necessary to provide for a functional mix |
538 | of land uses corresponding to the plan of development. |
539 | i. Land within a rural land stewardship area may be |
540 | removed from the rural land stewardship area through a plan |
541 | amendment. |
542 | j. Transferable rural land use credits may be assigned at |
543 | different ratios of credits per acre according to the natural |
544 | resource or other beneficial use characteristics of the land and |
545 | according to the land use remaining following the transfer of |
546 | credits, with the highest number of credits per acre assigned to |
547 | the most environmentally valuable land and a lesser number of |
548 | credits to be assigned to open space and agricultural land. |
549 | k. The use or conveyance of transferable rural land use |
550 | credits must be recorded in the public records of the county in |
551 | which the property is located as a covenant or restrictive |
552 | easement running with the land in favor of the county and either |
553 | the Department of Environmental Protection, Department of |
554 | Agriculture and Consumer Services, a water management district, |
555 | or a recognized statewide land trust. |
556 | 8.7. Owners of land within rural land stewardship areas |
557 | should be provided incentives to enter into rural land |
558 | stewardship agreements, pursuant to existing law and rules |
559 | adopted thereto, with state agencies, water management |
560 | districts, and local governments to achieve mutually agreed upon |
561 | conservation objectives. Such incentives may include, but not be |
562 | limited to, the following: |
563 | a. Opportunity to accumulate transferable mitigation |
564 | credits. |
565 | b. Extended permit agreements. |
566 | c. Opportunities for recreational leases and ecotourism. |
567 | d. Payment for specified land management services on |
568 | publicly owned land, or property under covenant or restricted |
569 | easement in favor of a public entity. |
570 | e. Option agreements for sale to public entities or |
571 | private land conservation entities, in either fee or easement, |
572 | upon achievement of conservation objectives. |
573 | 9.8. The department shall report to the Legislature on an |
574 | annual basis on the results of implementation of rural land |
575 | stewardship areas authorized by the department, including |
576 | successes and failures in achieving the intent of the |
577 | Legislature as expressed in this paragraph. |
578 | Section 5. Paragraph (d) of subsection (1) of section |
579 | 163.3187, Florida Statutes, is amended to read: |
580 | 163.3187 Amendment of adopted comprehensive plan.-- |
581 | (1) Amendments to comprehensive plans adopted pursuant to |
582 | this part may be made not more than two times during any |
583 | calendar year, except: |
584 | (d) Any comprehensive plan amendment required by a |
585 | compliance agreement under pursuant to s. 163.3184(16), an |
586 | agricultural enclave comprehensive plan amendment pursuant to s. |
587 | 163.2517(7), or any large-scale comprehensive plan amendment |
588 | adopted as a result of informal mediation in accordance with s. |
589 | 163.3181(4) may be approved without regard to statutory limits |
590 | on the frequency of adoption of amendments to the comprehensive |
591 | plan. |
592 | Section 6. Section 259.047, Florida Statutes, is created |
593 | to read: |
594 | 259.047 Acquisition of land on which an agricultural lease |
595 | exists.-- |
596 | (1) When land with an existing agricultural lease is |
597 | acquired in fee simple pursuant to this chapter or chapter 375, |
598 | the existing agricultural lease may continue in force for the |
599 | actual time remaining on the lease agreement. Any entity |
600 | managing lands acquired under this section must consider |
601 | existing agricultural leases in the development of a land |
602 | management plan required under the provisions of s. 253.034. |
603 | (2) Where consistent with the purposes for which the |
604 | property was acquired, the state or acquiring entity shall make |
605 | reasonable efforts to keep lands in agricultural production |
606 | which are in agricultural production at the time of acquisition. |
607 | Section 7. Paragraph (a) of subsection (2) of section |
608 | 373.0361, Florida Statutes, is amended to read: |
609 | 373.0361 Regional water supply planning.-- |
610 | (2) Each regional water supply plan shall be based on at |
611 | least a 20-year planning period and shall include, but not be |
612 | limited to: |
613 | (a) A water supply development component that includes: |
614 | 1. A quantification of the water supply needs for all |
615 | existing and reasonably projected future uses within the |
616 | planning horizon. The level-of-certainty planning goal |
617 | associated with identifying the water supply needs of existing |
618 | and future reasonable-beneficial uses shall be based upon |
619 | meeting those needs for a 1-in-10-year drought event. Population |
620 | projections used for determining public water supply needs must |
621 | be based upon the best available data. In determining the best |
622 | available data, the district shall consider the University of |
623 | Florida's Bureau of Economic and Business Research (BEBR) medium |
624 | population projections and any population projection data and |
625 | analysis submitted by a local government pursuant to the public |
626 | workshop described in subsection (1) if the data and analysis |
627 | support the local government's comprehensive plan. Any |
628 | adjustment of or deviation from the BEBR projections must be |
629 | fully described, and the original BEBR data must be presented |
630 | along with the adjusted data. |
631 | 2. A list of water source options, including traditional |
632 | and alternative source options, from which local government, |
633 | government-owned and privately owned utilities, self-suppliers, |
634 | and others may choose, for water supply development, the total |
635 | capacity of which will, in conjunction with water conservation |
636 | and other demand management measures, exceed the needs |
637 | identified in subparagraph 1. The list of water source options |
638 | for water supply development must contain provisions that |
639 | recognize that alternative water source options for agricultural |
640 | self-suppliers are limited. |
641 | 3. For each option listed in subparagraph 2., the |
642 | estimated amount of water available for use and the estimated |
643 | costs of and potential sources of funding for water supply |
644 | development. |
645 | 4. A list of water supply development projects that meet |
646 | the criteria in s. 373.0831(4). |
647 |
|
648 | The water supply development component of a regional water |
649 | supply plan which deals with or affects public utilities and |
650 | public water supply for those areas served by a regional water |
651 | supply authority and its member governments within the |
652 | boundaries of the Southwest Florida Water Management District |
653 | shall be developed jointly by the authority and the district. |
654 | Section 8. Section 373.2234, Florida Statutes, is amended |
655 | to read: |
656 | 373.2234 Preferred water supply sources.--The governing |
657 | board of a water management district is authorized to adopt |
658 | rules that identify preferred water supply sources for |
659 | consumptive uses for which there is sufficient data to establish |
660 | that a preferred source will provide a substantial new water |
661 | supply to meet the existing and projected reasonable-beneficial |
662 | uses of a water supply planning region identified pursuant to s. |
663 | 373.0361(1), while sustaining existing water resources and |
664 | natural systems. At a minimum, such rules must contain a |
665 | description of the preferred water supply source and an |
666 | assessment of the water the preferred source is projected to |
667 | produce. If an applicant proposes to use a preferred water |
668 | supply source, that applicant's proposed water use is subject to |
669 | s. 373.223(1), except that the proposed use of a preferred water |
670 | supply source must be considered by a water management district |
671 | when determining whether a permit applicant's proposed use of |
672 | water is consistent with the public interest pursuant to s. |
673 | 373.223(1)(c). A consumptive use permit issued for the use of a |
674 | preferred water supply source must be granted, when requested by |
675 | the applicant, for at least a 20-year period and may be subject |
676 | to the compliance reporting provisions of s. 373.236(4)(3). |
677 | Nothing in this section shall be construed to exempt the use of |
678 | preferred water supply sources from the provisions of ss. |
679 | 373.016(4) and 373.223(2) and (3), or be construed to provide |
680 | that permits issued for the use of a nonpreferred water supply |
681 | source must be issued for a duration of less than 20 years or |
682 | that the use of a nonpreferred water supply source is not |
683 | consistent with the public interest. Additionally, nothing in |
684 | this section shall be interpreted to require the use of a |
685 | preferred water supply source or to restrict or prohibit the use |
686 | of a nonpreferred water supply source. Rules adopted by the |
687 | governing board of a water management district to implement this |
688 | section shall specify that the use of a preferred water supply |
689 | source is not required and that the use of a nonpreferred water |
690 | supply source is not restricted or prohibited. |
691 | Section 9. Subsections (2) and (3) of section 373.236, |
692 | Florida Statutes, are renumbered as subsections (3) and (4), |
693 | respectively, and a new subsection (2) is added to said section |
694 | to read: |
695 | 373.236 Duration of permits; compliance reports.-- |
696 | (2) The Legislature finds that some agricultural |
697 | landowners remain unaware of their ability to request a 20-year |
698 | consumptive use permit under subsection (1) for initial permits |
699 | or for renewals. Therefore, the water management districts shall |
700 | inform agricultural applicants of this option in the application |
701 | form. |
702 | Section 10. Section 373.407, Florida Statutes, is created |
703 | to read: |
704 | 373.407 Memorandum of agreement for an agricultural- |
705 | related exemption.--No later than July 1, 2006, the Department |
706 | of Agriculture and Consumer Services and each water management |
707 | district shall enter into a memorandum of agreement under which |
708 | the Department of Agriculture and Consumer Services shall assist |
709 | in a determination by a water management district as to whether |
710 | an existing or proposed activity qualifies for the exemption set |
711 | forth in s. 373.406(2). The memorandum of agreement shall |
712 | provide a process by which, upon the request of a water |
713 | management district, the Department of Agriculture and Consumer |
714 | Services shall conduct a nonbinding review as to whether an |
715 | existing or proposed activity qualifies for an agricultural- |
716 | related exemption set forth in s. 373.406(2). The memorandum of |
717 | agreement shall provide processes and procedures by which the |
718 | Department of Agriculture and Consumer Services shall undertake |
719 | this review effectively and efficiently and issue a |
720 | recommendation. |
721 | Section 11. This act shall take effect upon becoming a |
722 | law. |