| 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 | 
 | 
| 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 | 
 | 
| 51 | Be It Enacted by the Legislature of the State of Florida: | 
| 52 | 
 | 
| 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 | 
 | 
| 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 10,000acres 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 tos. 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. |