HB 0561

A bill to be entitled
2An act relating to agricultural economic development;
3amending s. 70.001, F.S.; providing a cause of action for
4landowners aggrieved by certain changes to agricultural
5land use; providing a notice period; amending s. 163.2514,
6F.S.; defining the terms "agricultural enclave" and
7"family farm agricultural enclave" for purposes of growth
8policy; amending s. 163.2517, F.S.; authorizing the owner
9of land defined as an agricultural enclave or a family
10farm agricultural enclave to apply for an amendment to the
11local government comprehensive plan and development of
12regional impact approval, if applicable; providing
13requirements relating to application; providing that an
14amendment or approval shall be granted upon failure to act
15in a timely fashion; amending s. 163.3177, F.S.; requiring
16land use plans to establish appropriate uses of lands in
17agricultural enclaves; amending acreage limits for rural
18land stewardship areas; requiring the Department of
19Community Affairs to obtain written agreements from
20landowners designating rural land stewardship areas;
21amending s. 163.3187, F.S.; providing that an agricultural
22enclave comprehensive plan amendment or a large-scale
23comprehensive plan amendment adopted as a result of
24informal mediation may be approved without regard to
25statutory frequency limits; creating s. 259.047, F.S.;
26providing requirements relating to purchase of land on
27which an agricultural lease exists; amending s. 373.0361,
28F.S.; providing for recognition that alternative water
29source options for agricultural self-suppliers are
30limited; amending s. 373.2234, F.S.; correcting a cross
31reference; amending s. 373.236, F.S.; requiring water
32management districts to inform landowners of the option to
33obtain certain consumptive use permits; creating s.
34373.407, F.S.; providing for memoranda of agreement
35regarding qualification for agricultural-related
36exemptions; providing an effective date.
38     WHEREAS, agricultural production is a major contributor to
39the economy of the state, and
40     WHEREAS, agricultural lands constitute unique and
41irreplaceable resources of statewide importance, and
42     WHEREAS, the continuation of agricultural activities
43preserves the landscape and environmental resources of the
44state, contributes to the increase of tourism, and furthers the
45economic self-sufficiency of the people of the state, and
46     WHEREAS, the development, improvement, and encouragement
47of the agricultural industry will result in a general benefit
48to the health, safety, and welfare of the people of the state,
51Be It Enacted by the Legislature of the State of Florida:
53     Section 1.  Subsection (4), paragraph (a) of subsection
54(5), and paragraph (c) of subsection (6) of section 70.001,
55Florida 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
58under this section against a governmental entity, a property
59owner who seeks compensation under this section must present the
60claim in writing to the head of the governmental entity. The
61property owner must submit, along with the claim, a bona fide,
62valid appraisal that supports the claim and demonstrates the
63loss in fair market value to the real property. If the action of
64government is the culmination of a process that involves more
65than one governmental entity, or if a complete resolution of all
66relevant issues, in the view of the property owner or in the
67view of a governmental entity to whom a claim is presented,
68requires the active participation of more than one governmental
69entity, the property owner shall present the claim as provided
70in this section to each of the governmental entities.
71     (b)  A landowner aggrieved by the changing of an existing
72agricultural land use classification or agricultural zoning or
73the lowering of the current density designation which creates an
74inordinate burden on property classified as agricultural land
75pursuant to s. 193.461 shall have a cause of action in
76accordance with the procedures provided in this section, except
77that the 180-day-notice period shall be reduced to a 90-day-
78notice period.
79     (c)(b)  The governmental entity shall provide written
80notice of the claim to all parties to any administrative action
81that gave rise to the claim, and to owners of real property
82contiguous to the owner's property at the addresses listed on
83the most recent county tax rolls. Within 15 days after the claim
84being presented, the governmental entity shall report the claim
85in writing to the Department of Legal Affairs, and shall provide
86the department with the name, address, and telephone number of
87the employee of the governmental entity from whom additional
88information may be obtained about the claim during the pendency
89of the claim and any subsequent judicial action.
90     (d)(c)  During the 180-day-notice period or the 90-day-
91notice period, unless extended by agreement of the parties, the
92governmental entity shall make a written settlement offer to
94     1.  An adjustment of land development or permit standards
95or other provisions controlling the development or use of land.
96     2.  Increases or modifications in the density, intensity,
97or 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
102     6.  Location on the least sensitive portion of the
104     7.  Conditioning the amount of development or use
106     8.  A requirement that issues be addressed on a more
107comprehensive basis than a single proposed use or development.
108     9.  Issuance of the development order, a variance, special
109exception, or other extraordinary relief.
110     10.  Purchase of the real property, or an interest therein,
111by an appropriate governmental entity.
112     11.  No changes to the action of the governmental entity.
114If the property owner accepts the settlement offer, the
115governmental entity may implement the settlement offer by
116appropriate development agreement; by issuing a variance,
117special exception, or other extraordinary relief; or by other
118appropriate method, subject to paragraph (e)(d).
119     (e)(d)1.  Whenever a governmental entity enters into a
120settlement agreement under this section which would have the
121effect of a modification, variance, or a special exception to
122the application of a rule, regulation, or ordinance as it would
123otherwise apply to the subject real property, the relief granted
124shall protect the public interest served by the regulations at
125issue and be the appropriate relief necessary to prevent the
126governmental regulatory effort from inordinately burdening the
127real property.
128     2.  Whenever a governmental entity enters into a settlement
129agreement under this section which would have the effect of
130contravening the application of a statute as it would otherwise
131apply to the subject real property, the governmental entity and
132the property owner shall jointly file an action in the circuit
133court where the real property is located for approval of the
134settlement agreement by the court to ensure that the relief
135granted protects the public interest served by the statute at
136issue and is the appropriate relief necessary to prevent the
137governmental regulatory effort from inordinately burdening the
138real property.
139     (5)(a)  During the 180-day-notice period or the 90-day-
140notice period, unless a settlement offer is accepted by the
141property owner, each of the governmental entities provided
142notice pursuant to paragraph (4)(a) shall issue a written
143ripeness decision identifying the allowable uses to which the
144subject property may be put. The failure of the governmental
145entity to issue a written ripeness decision during the 180-day-
146notice period or the 90-day-notice period shall be deemed to
147ripen the prior action of the governmental entity, and shall
148operate as a ripeness decision that has been rejected by the
149property owner. The ripeness decision, as a matter of law,
150constitutes the last prerequisite to judicial review, and the
151matter shall be deemed ripe or final for the purposes of the
152judicial proceeding created by this section, notwithstanding the
153availability of other administrative remedies.
154     (6)
155     (c)1.  In any action filed pursuant to this section, the
156property owner is entitled to recover reasonable costs and
157attorney fees incurred by the property owner, from the
158governmental entity or entities, according to their
159proportionate share as determined by the court, from the date of
160the filing of the circuit court action, if the property owner
161prevails in the action and the court determines that the
162settlement offer, including the ripeness decision, of the
163governmental entity or entities did not constitute a bona fide
164offer to the property owner which reasonably would have resolved
165the claim, based upon the knowledge available to the
166governmental entity or entities and the property owner during
167the 180-day-notice period or the 90-day-notice period.
168     2.  In any action filed pursuant to this section, the
169governmental entity or entities are entitled to recover
170reasonable costs and attorney fees incurred by the governmental
171entity or entities from the date of the filing of the circuit
172court action, if the governmental entity or entities prevail in
173the action and the court determines that the property owner did
174not accept a bona fide settlement offer, including the ripeness
175decision, which reasonably would have resolved the claim fairly
176to the property owner if the settlement offer had been accepted
177by the property owner, based upon the knowledge available to the
178governmental entity or entities and the property owner during
179the 180-day-notice period or the 90-day-notice period.
180     3.  The determination of total reasonable costs and
181attorney fees pursuant to this paragraph shall be made by the
182court and not by the jury. Any proposed settlement offer or any
183proposed ripeness decision, except for the final written
184settlement offer or the final written ripeness decision, and any
185negotiations or rejections in regard to the formulation either
186of the settlement offer or the ripeness decision, are
187inadmissible in the subsequent proceeding established by this
188section except for the purposes of the determination pursuant to
189this paragraph.
190     Section 2.  Subsections (1) and (2) of section 163.2514,
191Florida Statutes, are renumbered as subsections (3) and (4),
192respectively, and new subsections (1) and (2) are added to said
193section to read:
194     163.2514  Growth Policy Act; definitions.--As used in ss.
196     (1)  "Agricultural enclave" means any unincorporated,
197undeveloped parcel owned by a single person or entity that
198satisfies all of the following criteria:
199     (a)  The size of an enclave shall not exceed 2,560 acres,
200provided that when an enclave parcel is active production
201agriculture and a damaging pest, disease, or natural disaster
202had or has been identified within 5 miles of the agricultural
203property, the size shall not exceed 5,120 acres.
204     (b)  The parcel has been in continuous use for bona fide
205agricultural purposes, as defined in s. 193.461, for a period of
2065 years prior to the date of any comprehensive plan amendment
208     (c)  The parcel is surrounded on at least 75 percent of its
209perimeter by existing industrial, commercial, or residential
210development or property that the local government has designated
211as land to be developed for industrial, commercial, or
212residential purposes and only requires building and related
213permits for that use without further amendment of a local
214government comprehensive plan.
215     (d)  Public services, including water, wastewater,
216transportation, schools, and recreation facilities, are
217available or are scheduled to be provided as part of an adopted
2185-year schedule of capital improvements by the local government
219or by an alternative local government public infrastructure
221     (2)  "Family farm agricultural enclave" means an
222unincorporated undeveloped parcel of land not exceeding 500
223acres that meets the criteria for an agricultural enclave.
224     Section 3.  Subsection (7) is added to section 163.2517,
225Florida Statutes, to read:
226     163.2517  Designation of urban infill and redevelopment
227area; agricultural enclaves.--
228     (7)(a)  In order to preserve commercial agricultural
229activity, encourage mixed-use infill development, prevent urban
230sprawl, and provide more efficient delivery of municipal
231services and facilities, the owner of land defined as an
232agricultural enclave pursuant to s. 163.2514(1) may apply for an
233amendment to the local government comprehensive plan pursuant to
234s. 163.3187 and development of regional impact approval, if
235applicable. Such amendment and development of regional impact
236approval, if applicable, may include land uses and intensities
237of use consistent with the uses and intensities of use of
238surrounding industrial, commercial, or residential areas. Any
239application for a comprehensive plan amendment and development
240of regional impact approval, if applicable, shall include
241appropriate "new urbanism" concepts such as clustering, mixed-
242use development, the creation of rural village and city centers,
243and the transfer of development rights in order to discourage
244urban sprawl while protecting landowner rights. If such
245amendment and application for development of regional impact
246approval is otherwise consistent with applicable provisions of
247ss. 163.3177, 163.3178, 163.3180, 163.3191, and 163.3245, the
248state comprehensive plan, the appropriate regional policy plan,
249and chapter 9J-5, Florida Administrative Code, the amendment
250shall be deemed to prevent urban sprawl and be in compliance as
251defined in s. 163.3184, and the application for development of
252regional impact shall be approved.
253     (b)  The owner of land defined as a family farm
254agricultural enclave pursuant to s. 163.2514(2) may apply for an
255amendment to the local government comprehensive plan pursuant to
256s. 163.3187. Such amendment may include land uses and
257intensities of use consistent with the uses and intensities of
258use of surrounding industrial, commercial, or residential areas.
259If such amendment is otherwise consistent with applicable
260provisions of ss. 163.3177, 163.3178, 163.3180, 163.3191, and
261163.3245, the state comprehensive plan, the appropriate regional
262policy plan, and chapter 9J-5, Florida Administrative Code, the
263amendment shall be deemed to prevent urban sprawl and be in
264compliance as defined in s. 163.3184.
265     (c)  If the local government has failed to act within 180
266days on the comprehensive plan amendment or application for
267development of regional impact approval, the agricultural
268enclaves as defined in s. 163.2514(1) and (2) shall be granted
269the comprehensive plan amendment and development of regional
270impact approval requested.
271     Section 4.  Paragraph (a) of subsection (6) and paragraph
272(d) of subsection (11) of section 163.3177, Florida Statutes,
273are amended to read:
274     163.3177  Required and optional elements of comprehensive
275plan; studies and surveys.--
276     (6)  In addition to the requirements of subsections
277(1)-(5), the comprehensive plan shall include the following
279     (a)  A future land use plan element designating proposed
280future general distribution, location, and extent of the uses of
281land for residential uses, commercial uses, industry,
282agriculture, recreation, conservation, education, public
283buildings and grounds, other public facilities, and other
284categories of the public and private uses of land. Counties are
285encouraged to designate rural land stewardship areas, pursuant
286to the provisions of paragraph (11)(d), as overlays on the
287future land use map. The proposed distribution, location, and
288extent of the various categories of land use shall be shown on a
289land use map or map series which shall be supplemented by goals,
290policies, and measurable objectives.
291     1.  Each future land use category must be defined in terms
292of uses included, and must include standards to be followed in
293the control and distribution of population densities and
294building and structure intensities. The proposed distribution,
295location, and extent of the various categories of land use shall
296be shown on a land use map or map series which shall be
297supplemented by goals, policies, and measurable objectives.
298     2.  The future land use plan shall be based upon surveys,
299studies, and data regarding the area, including the amount of
300land required to accommodate anticipated growth; the projected
301population of the area; the character of undeveloped land; the
302availability of public services; the need for redevelopment,
303including the renewal of blighted areas and the elimination of
304nonconforming uses which are inconsistent with the character of
305the community; the compatibility of uses on lands adjacent to or
306closely proximate to military installations; and, in rural
307communities, the need for job creation, capital investment, and
308economic development that will strengthen and diversify the
309community's economy.
310     3.  The future land use plan may designate areas for future
311planned development use involving combinations of types of uses
312for which special regulations may be necessary to ensure
313development in accord with the principles and standards of the
314comprehensive plan and this act.
315     4.  The future land use plan element shall include criteria
316to be used to achieve the compatibility of adjacent or closely
317proximate lands with military installations.
318     5.  In addition, For rural communities, the amount of land
319designated for future planned industrial use shall be based upon
320surveys and studies that reflect the need for job creation,
321capital investment, and the necessity to strengthen and
322diversify the local economies, and shall not be limited solely
323by the projected population of the rural community.
324     6.  The future land use plan shall delineate agricultural
325enclaves, as defined in s. 163.2514(1) and (2), and establish
326appropriate uses of land in these enclaves that are consistent
327with the intensities of use of surrounding industrial,
328commercial, or residential areas.
329     7.  The future land use plan of a county may also designate
330areas for possible future municipal incorporation.
331     8.  The land use maps or map series shall generally
332identify and depict historic district boundaries and shall
333designate historically significant properties meriting
335     9.  The future land use element must clearly identify the
336land use categories in which public schools are an allowable
337use. When delineating the land use categories in which public
338schools are an allowable use, a local government shall include
339in the categories sufficient land proximate to residential
340development to meet the projected needs for schools in
341coordination with public school boards and may establish
342differing criteria for schools of different type or size. Each
343local government shall include lands contiguous to existing
344school sites, to the maximum extent possible, within the land
345use categories in which public schools are an allowable use. All
346comprehensive plans must comply with the school siting
347requirements of this paragraph no later than October 1, 1999.
348The failure by a local government to comply with these school
349siting requirements by October 1, 1999, will result in the
350prohibition of the local government's ability to amend the local
351comprehensive plan, except for plan amendments described in s.
352163.3187(1)(b), until the school siting requirements are met.
353Amendments proposed by a local government for purposes of
354identifying the land use categories in which public schools are
355an allowable use or for adopting or amending the school-siting
356maps pursuant to s. 163.31776(3) are exempt from the limitation
357on the frequency of plan amendments contained in s. 163.3187.
358The future land use element shall include criteria that
359encourage the location of schools proximate to urban residential
360areas to the extent possible and shall require that the local
361government seek to collocate public facilities, such as parks,
362libraries, and community centers, with schools to the extent
363possible and to encourage the use of elementary schools as focal
364points for neighborhoods. For schools serving predominantly
365rural counties, defined as a county with a population of 100,000
366or fewer, an agricultural land use category shall be eligible
367for the location of public school facilities if the local
368comprehensive plan contains school siting criteria and the
369location is consistent with such criteria. Local governments
370required to update or amend their comprehensive plan to include
371criteria and address compatibility of adjacent or closely
372proximate lands with existing military installations in their
373future land use plan element shall transmit the update or
374amendment to the department by June 30, 2006.
375     (11)
376     (d)1.  The department, in cooperation with the Department
377of Agriculture and Consumer Services, the Department of
378Environmental Protection, water management districts, and
379regional planning councils, shall provide assistance to local
380governments in the implementation of this paragraph and rule 9J-
3815.006(5)(l), Florida Administrative Code. Implementation of
382those provisions shall include a process by which the department
383may authorize local governments and landowners to designate all
384or portions of lands classified in the future land use element
385as predominantly agricultural, rural, open, open-rural, or a
386substantively equivalent land use, as a rural land stewardship
387area within which planning and economic incentives are applied
388to encourage the implementation of innovative and flexible
389planning and development strategies and creative land use
390planning techniques, including those contained herein and in
391rule 9J-5.006(5)(l), Florida Administrative Code. Assistance may
392include, but is not limited to:
393     a.  Assistance from the Department of Environmental
394Protection and water management districts in creating the
395geographic information systems land cover database and aerial
396photogrammetry needed to prepare for a rural land stewardship
398     b.  Support for local government implementation of rural
399land stewardship concepts by providing information and
400assistance to local governments regarding land acquisition
401programs that may be used by the local government or landowners
402to leverage the protection of greater acreage and maximize the
403effectiveness of rural land stewardship areas; and
404     c.  Expansion of the role of the Department of Community
405Affairs as a resource agency to facilitate establishment of
406rural land stewardship areas in smaller rural counties that do
407not have the staff or planning budgets to create a rural land
408stewardship area.
409     2.  The department shall encourage participation by local
410governments of different sizes and rural characteristics in
411establishing and implementing rural land stewardship areas. It
412is the intent of the Legislature that rural land stewardship
413areas be used to further the following broad principles of rural
414sustainability: restoration and maintenance of the economic
415value of rural land; control of urban sprawl; identification and
416protection of ecosystems, habitats, and natural resources;
417promotion of rural economic activity; maintenance of the
418viability of Florida's agricultural economy; and protection of
419the character of rural areas of Florida. Rural land stewardship
420areas may be multicounty in order to encourage coordinated
421regional stewardship planning.
422     3.  A local government, in conjunction with a regional
423planning council, a stakeholder organization of private land
424owners, or another local government, or any landowner or
425landowners with 2,500 acres or more of contiguous agricultural
426land as defined by s. 193.461 shall notify the department in
427writing of its intent to designate a rural land stewardship
428area. The written notification shall describe the basis for the
429designation, including the extent to which the rural land
430stewardship area enhances rural land values, controls urban
431sprawl, provides necessary open space for agriculture and
432protection of the natural environment, promotes rural economic
433activity, and maintains rural character and the economic
434viability of agriculture.
435     4.  A rural land stewardship area shall be not less than
4362,500 10,000 acres and shall be located outside of
437municipalities and established urban growth boundaries, and
438shall be designated by plan amendment. The plan amendment
439designating a rural land stewardship area shall be subject to
440review by the Department of Community Affairs pursuant to s.
441163.3184 and shall provide for the following:
442     a.  Criteria for the designation of receiving areas within
443rural land stewardship areas in which innovative planning and
444development strategies may be applied. Criteria shall at a
445minimum provide for the following: adequacy of suitable land to
446accommodate development so as to avoid conflict with
447environmentally sensitive areas, resources, and habitats;
448compatibility between and transition from higher density uses to
449lower intensity rural uses; the establishment of receiving area
450service boundaries which provide for a separation between
451receiving areas and other land uses within the rural land
452stewardship area through limitations on the extension of
453services; and connection of receiving areas with the rest of the
454rural land stewardship area using rural design and rural road
456     b.  Goals, objectives, and policies setting forth the
457innovative planning and development strategies to be applied
458within rural land stewardship areas pursuant to the provisions
459of this section.
460     c.  A process for the implementation of innovative planning
461and development strategies within the rural land stewardship
462area, including those described in this subsection and rule 9J-
4635.006(5)(l), Florida Administrative Code, which provide for a
464functional mix of land uses and which are applied through the
465adoption by the local government of zoning and land development
466regulations applicable to the rural land stewardship area.
467     d.  A process which encourages visioning pursuant to s.
468163.3167(11) to ensure that innovative planning and development
469strategies comply with the provisions of this section.
470     e.  The control of sprawl through the use of innovative
471strategies and creative land use techniques consistent with the
472provisions of this subsection and rule 9J-5.006(5)(l), Florida
473Administrative Code.
474     5.  In selecting a landowner or landowners, the department
475shall by written agreement:
476     a.  Ensure that the landowner has expressed his or her
477intent to designate a rural land stewardship area pursuant to
478the provisions of this subsection and clarify that the rural
479land stewardship area is intended.
480     b.  Ensure that the landowner has the financial and
481administrative capabilities to implement a rural land
482stewardship area.
483     6.5.  A receiving area shall be designated by the adoption
484of a land development regulation. Prior to the designation of a
485receiving area, the local government shall provide the
486Department of Community Affairs a period of 30 days in which to
487review a proposed receiving area for consistency with the rural
488land stewardship area plan amendment and to provide comments to
489the local government.
490     7.6.  Upon the adoption of a plan amendment creating a
491rural land stewardship area, the local government shall, by
492ordinance, assign to the area a certain number of credits, to be
493known as "transferable rural land use credits," which shall not
494constitute a right to develop land, nor increase density of
495land, except as provided by this section. The total amount of
496transferable rural land use credits assigned to the rural land
497stewardship area must correspond to the 25-year or greater
498projected population of the rural land stewardship area.
499Transferable rural land use credits are subject to the following
501     a.  Transferable rural land use credits may only exist
502within a rural land stewardship area.
503     b.  Transferable rural land use credits may only be used on
504lands designated as receiving areas and then solely for the
505purpose of implementing innovative planning and development
506strategies and creative land use planning techniques adopted by
507the local government pursuant to this section.
508     c.  Transferable rural land use credits assigned to a
509parcel of land within a rural land stewardship area shall cease
510to exist if the parcel of land is removed from the rural land
511stewardship area by plan amendment.
512     d.  Neither the creation of the rural land stewardship area
513by plan amendment nor the assignment of transferable rural land
514use credits by the local government shall operate to displace
515the underlying density of land uses assigned to a parcel of land
516within the rural land stewardship area; however, if transferable
517rural land use credits are transferred from a parcel for use
518within a designated receiving area, the underlying density
519assigned to the parcel of land shall cease to exist.
520     e.  The underlying density on each parcel of land located
521within a rural land stewardship area shall not be increased or
522decreased by the local government, except as a result of the
523conveyance or use of transferable rural land use credits, as
524long as the parcel remains within the rural land stewardship
526     f.  Transferable rural land use credits shall cease to
527exist on a parcel of land where the underlying density assigned
528to the parcel of land is utilized.
529     g.  An increase in the density of use on a parcel of land
530located within a designated receiving area may occur only
531through the assignment or use of transferable rural land use
532credits and shall not require a plan amendment.
533     h.  A change in the density of land use on parcels located
534within receiving areas shall be specified in a development order
535which reflects the total number of transferable rural land use
536credits assigned to the parcel of land and the infrastructure
537and support services necessary to provide for a functional mix
538of land uses corresponding to the plan of development.
539     i.  Land within a rural land stewardship area may be
540removed from the rural land stewardship area through a plan
542     j.  Transferable rural land use credits may be assigned at
543different ratios of credits per acre according to the natural
544resource or other beneficial use characteristics of the land and
545according to the land use remaining following the transfer of
546credits, with the highest number of credits per acre assigned to
547the most environmentally valuable land and a lesser number of
548credits to be assigned to open space and agricultural land.
549     k.  The use or conveyance of transferable rural land use
550credits must be recorded in the public records of the county in
551which the property is located as a covenant or restrictive
552easement running with the land in favor of the county and either
553the Department of Environmental Protection, Department of
554Agriculture and Consumer Services, a water management district,
555or a recognized statewide land trust.
556     8.7.  Owners of land within rural land stewardship areas
557should be provided incentives to enter into rural land
558stewardship agreements, pursuant to existing law and rules
559adopted thereto, with state agencies, water management
560districts, and local governments to achieve mutually agreed upon
561conservation objectives. Such incentives may include, but not be
562limited to, the following:
563     a.  Opportunity to accumulate transferable mitigation
565     b.  Extended permit agreements.
566     c.  Opportunities for recreational leases and ecotourism.
567     d.  Payment for specified land management services on
568publicly owned land, or property under covenant or restricted
569easement in favor of a public entity.
570     e.  Option agreements for sale to public entities or
571private land conservation entities, in either fee or easement,
572upon achievement of conservation objectives.
573     9.8.  The department shall report to the Legislature on an
574annual basis on the results of implementation of rural land
575stewardship areas authorized by the department, including
576successes and failures in achieving the intent of the
577Legislature as expressed in this paragraph.
578     Section 5.  Paragraph (d) of subsection (1) of section
579163.3187, Florida Statutes, is amended to read:
580     163.3187  Amendment of adopted comprehensive plan.--
581     (1)  Amendments to comprehensive plans adopted pursuant to
582this part may be made not more than two times during any
583calendar year, except:
584     (d)  Any comprehensive plan amendment required by a
585compliance agreement under pursuant to s. 163.3184(16), an
586agricultural enclave comprehensive plan amendment pursuant to s.
587163.2517(7), or any large-scale comprehensive plan amendment
588adopted as a result of informal mediation in accordance with s.
589163.3181(4) may be approved without regard to statutory limits
590on the frequency of adoption of amendments to the comprehensive
592     Section 6.  Section 259.047, Florida Statutes, is created
593to read:
594     259.047  Acquisition of land on which an agricultural lease
596     (1)  When land with an existing agricultural lease is
597acquired in fee simple pursuant to this chapter or chapter 375,
598the existing agricultural lease may continue in force for the
599actual time remaining on the lease agreement. Any entity
600managing lands acquired under this section must consider
601existing agricultural leases in the development of a land
602management plan required under the provisions of s. 253.034.
603     (2)  Where consistent with the purposes for which the
604property was acquired, the state or acquiring entity shall make
605reasonable efforts to keep lands in agricultural production
606which are in agricultural production at the time of acquisition.
607     Section 7.  Paragraph (a) of subsection (2) of section
608373.0361, 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
611least a 20-year planning period and shall include, but not be
612limited to:
613     (a)  A water supply development component that includes:
614     1.  A quantification of the water supply needs for all
615existing and reasonably projected future uses within the
616planning horizon. The level-of-certainty planning goal
617associated with identifying the water supply needs of existing
618and future reasonable-beneficial uses shall be based upon
619meeting those needs for a 1-in-10-year drought event. Population
620projections used for determining public water supply needs must
621be based upon the best available data. In determining the best
622available data, the district shall consider the University of
623Florida's Bureau of Economic and Business Research (BEBR) medium
624population projections and any population projection data and
625analysis submitted by a local government pursuant to the public
626workshop described in subsection (1) if the data and analysis
627support the local government's comprehensive plan. Any
628adjustment of or deviation from the BEBR projections must be
629fully described, and the original BEBR data must be presented
630along with the adjusted data.
631     2.  A list of water source options, including traditional
632and alternative source options, from which local government,
633government-owned and privately owned utilities, self-suppliers,
634and others may choose, for water supply development, the total
635capacity of which will, in conjunction with water conservation
636and other demand management measures, exceed the needs
637identified in subparagraph 1. The list of water source options
638for water supply development must contain provisions that
639recognize that alternative water source options for agricultural
640self-suppliers are limited.
641     3.  For each option listed in subparagraph 2., the
642estimated amount of water available for use and the estimated
643costs of and potential sources of funding for water supply
645     4.  A list of water supply development projects that meet
646the criteria in s. 373.0831(4).
648The water supply development component of a regional water
649supply plan which deals with or affects public utilities and
650public water supply for those areas served by a regional water
651supply authority and its member governments within the
652boundaries of the Southwest Florida Water Management District
653shall be developed jointly by the authority and the district.
654     Section 8.  Section 373.2234, Florida Statutes, is amended
655to read:
656     373.2234  Preferred water supply sources.--The governing
657board of a water management district is authorized to adopt
658rules that identify preferred water supply sources for
659consumptive uses for which there is sufficient data to establish
660that a preferred source will provide a substantial new water
661supply to meet the existing and projected reasonable-beneficial
662uses of a water supply planning region identified pursuant to s.
663373.0361(1), while sustaining existing water resources and
664natural systems. At a minimum, such rules must contain a
665description of the preferred water supply source and an
666assessment of the water the preferred source is projected to
667produce. If an applicant proposes to use a preferred water
668supply source, that applicant's proposed water use is subject to
669s. 373.223(1), except that the proposed use of a preferred water
670supply source must be considered by a water management district
671when determining whether a permit applicant's proposed use of
672water is consistent with the public interest pursuant to s.
673373.223(1)(c). A consumptive use permit issued for the use of a
674preferred water supply source must be granted, when requested by
675the applicant, for at least a 20-year period and may be subject
676to the compliance reporting provisions of s. 373.236(4)(3).
677Nothing in this section shall be construed to exempt the use of
678preferred water supply sources from the provisions of ss.
679373.016(4) and 373.223(2) and (3), or be construed to provide
680that permits issued for the use of a nonpreferred water supply
681source must be issued for a duration of less than 20 years or
682that the use of a nonpreferred water supply source is not
683consistent with the public interest. Additionally, nothing in
684this section shall be interpreted to require the use of a
685preferred water supply source or to restrict or prohibit the use
686of a nonpreferred water supply source. Rules adopted by the
687governing board of a water management district to implement this
688section shall specify that the use of a preferred water supply
689source is not required and that the use of a nonpreferred water
690supply source is not restricted or prohibited.
691     Section 9.  Subsections (2) and (3) of section 373.236,
692Florida Statutes, are renumbered as subsections (3) and (4),
693respectively, and a new subsection (2) is added to said section
694to read:
695     373.236  Duration of permits; compliance reports.--
696     (2)  The Legislature finds that some agricultural
697landowners remain unaware of their ability to request a 20-year
698consumptive use permit under subsection (1) for initial permits
699or for renewals. Therefore, the water management districts shall
700inform agricultural applicants of this option in the application
702     Section 10.  Section 373.407, Florida Statutes, is created
703to read:
704     373.407  Memorandum of agreement for an agricultural-
705related exemption.--No later than July 1, 2006, the Department
706of Agriculture and Consumer Services and each water management
707district shall enter into a memorandum of agreement under which
708the Department of Agriculture and Consumer Services shall assist
709in a determination by a water management district as to whether
710an existing or proposed activity qualifies for the exemption set
711forth in s. 373.406(2). The memorandum of agreement shall
712provide a process by which, upon the request of a water
713management district, the Department of Agriculture and Consumer
714Services shall conduct a nonbinding review as to whether an
715existing or proposed activity qualifies for an agricultural-
716related exemption set forth in s. 373.406(2). The memorandum of
717agreement shall provide processes and procedures by which the
718Department of Agriculture and Consumer Services shall undertake
719this review effectively and efficiently and issue a
721     Section 11.  This act shall take effect upon becoming a

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