Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 716
                        Barcode 175428
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                                 .                    
                                   .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  The Committee on Community Affairs (Villalobos) recommended
12  the following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Subsection (4) and (5) of section 70.001,
19  Florida Statutes, are amended to read:
20         70.001  Private property rights protection.--
21         (4)(a)  Not less than 180 days prior to filing an
22  action under this section against a governmental entity, a
23  property owner who seeks compensation under this section must
24  present the claim in writing to the head of the governmental
25  entity. The property owner must submit, along with the claim,
26  a bona fide, valid appraisal that supports the claim and
27  demonstrates the loss in fair market value to the real
28  property.  If the action of government is the culmination of a
29  process that involves more than one governmental entity, or if
30  a complete resolution of all relevant issues, in the view of
31  the property owner or in the view of a governmental entity to
                                  1
    6:37 PM   03/17/05                             s0716d-ca38-tca

Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 716 Barcode 175428 1 whom a claim is presented, requires the active participation 2 of more than one governmental entity, the property owner shall 3 present the claim as provided in this section to each of the 4 governmental entities. 5 (b) A landowner aggrieved by the changing of an 6 existing agricultural land use classification or agricultural 7 zoning or the lowering of the current density designation 8 which creates an inordinate burden on property classified as 9 agricultural land pursuant to s. 193.461 shall have a cause of 10 action in accordance with the procedures provided in this 11 section, except that the 180-day notice period shall be 12 reduced to a 90-day notice period. 13 (c)(b) The governmental entity shall provide written 14 notice of the claim to all parties to any administrative 15 action that gave rise to the claim, and to owners of real 16 property contiguous to the owner's property at the addresses 17 listed on the most recent county tax rolls. Within 15 days 18 after the claim being presented, the governmental entity shall 19 report the claim in writing to the Department of Legal 20 Affairs, and shall provide the department with the name, 21 address, and telephone number of the employee of the 22 governmental entity from whom additional information may be 23 obtained about the claim during the pendency of the claim and 24 any subsequent judicial action. 25 (d)(c) During the 90-day-notice or the 180-day-notice 26 period, unless extended by agreement of the parties, the 27 governmental entity shall make a written settlement offer to 28 effectuate: 29 1. An adjustment of land development or permit 30 standards or other provisions controlling the development or 31 use of land. 2 6:37 PM 03/17/05 s0716d-ca38-tca
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 716 Barcode 175428 1 2. Increases or modifications in the density, 2 intensity, or use of areas of development. 3 3. The transfer of developmental rights. 4 4. Land swaps or exchanges. 5 5. Mitigation, including payments in lieu of onsite 6 mitigation. 7 6. Location on the least sensitive portion of the 8 property. 9 7. Conditioning the amount of development or use 10 permitted. 11 8. A requirement that issues be addressed on a more 12 comprehensive basis than a single proposed use or development. 13 9. Issuance of the development order, a variance, 14 special exception, or other extraordinary relief. 15 10. Purchase of the real property, or an interest 16 therein, by an appropriate governmental entity. 17 11. No changes to the action of the governmental 18 entity. 19 20 If the property owner accepts the settlement offer, the 21 governmental entity may implement the settlement offer by 22 appropriate development agreement; by issuing a variance, 23 special exception, or other extraordinary relief; or by other 24 appropriate method, subject to paragraph (d). 25 (e)(d)1. Whenever a governmental entity enters into a 26 settlement agreement under this section which would have the 27 effect of a modification, variance, or a special exception to 28 the application of a rule, regulation, or ordinance as it 29 would otherwise apply to the subject real property, the relief 30 granted shall protect the public interest served by the 31 regulations at issue and be the appropriate relief necessary 3 6:37 PM 03/17/05 s0716d-ca38-tca
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 716 Barcode 175428 1 to prevent the governmental regulatory effort from 2 inordinately burdening the real property. 3 2. Whenever a governmental entity enters into a 4 settlement agreement under this section which would have the 5 effect of contravening the application of a statute as it 6 would otherwise apply to the subject real property, the 7 governmental entity and the property owner shall jointly file 8 an action in the circuit court where the real property is 9 located for approval of the settlement agreement by the court 10 to ensure that the relief granted protects the public interest 11 served by the statute at issue and is the appropriate relief 12 necessary to prevent the governmental regulatory effort from 13 inordinately burdening the real property. 14 (5)(a) During the 90-day-notice or the 180-day-notice 15 period, unless a settlement offer is accepted by the property 16 owner, each of the governmental entities provided notice 17 pursuant to paragraph (4)(a) shall issue a written ripeness 18 decision identifying the allowable uses to which the subject 19 property may be put. The failure of the governmental entity 20 to issue a written ripeness decision during the 90-day-notice 21 or the 180-day-notice period shall be deemed to ripen the 22 prior action of the governmental entity, and shall operate as 23 a ripeness decision that has been rejected by the property 24 owner. The ripeness decision, as a matter of law, constitutes 25 the last prerequisite to judicial review, and the matter shall 26 be deemed ripe or final for the purposes of the judicial 27 proceeding created by this section, notwithstanding the 28 availability of other administrative remedies. 29 (b) If the property owner rejects the settlement offer 30 and the ripeness decision of the governmental entity or 31 entities, the property owner may file a claim for compensation 4 6:37 PM 03/17/05 s0716d-ca38-tca
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 716 Barcode 175428 1 in the circuit court, a copy of which shall be served 2 contemporaneously on the head of each of the governmental 3 entities that made a settlement offer and a ripeness decision 4 that was rejected by the property owner. Actions under this 5 section shall be brought only in the county where the real 6 property is located. 7 Section 2. Present subsections (1) and (2) of section 8 163.2514, Florida Statutes, are redesignated as subsections 9 (3) and (4), respectively, and new subsections (1) and (2) are 10 added to that section, to read: 11 163.2514 Growth Policy Act; definitions.--As used in 12 ss. 163.2511-163.2526: 13 (1) "Agricultural enclave" means any unincorporated, 14 undeveloped parcel owned by a single person or entity which 15 satisfies all of the following criteria: 16 (a) The size of an enclave does not exceed the acreage 17 of four sections or 2,560 acres. However, when the enclave 18 parcel is inactive agricultural production and a damaging 19 pest, disease, or natural disaster is or has been identified 20 within 5 miles of the agricultural property, the size may not 21 exceed eight sections of land or 5,120 acres. 22 (b) The parcel has been in continuous use for bona 23 fide agricultural purposes, as defined by s. 193.461, for 5 24 years prior to the date of any comprehensive plan amendment 25 application. 26 (c) The parcel is surrounded on at least 75 percent of 27 its perimeter by existing industrial, commercial, or 28 residential development or property that the local government 29 has designated as land that is to be developed for industrial, 30 commercial, or residential purposes and only requires building 31 and related permits for that use without further amendment of 5 6:37 PM 03/17/05 s0716d-ca38-tca
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 716 Barcode 175428 1 a local government comprehensive plan. 2 (d) Public services, including water, wastewater, 3 transportation, schools, and recreation facilities are 4 available or are scheduled to be provided as part of an 5 adopted 5-year schedule of capital improvements by the local 6 government or by an alternative local government, public 7 infrastructure provider. 8 (2) "Family farm agricultural enclave" means an 9 undeveloped parcel of land not exceeding 500 acres which meets 10 the criteria for an agricultural enclave. 11 Section 3. Subsection (7) is added to section 12 163.2517, Florida Statutes, to read: 13 163.2517 Designation of urban infill and redevelopment 14 area.-- 15 (7)(a) In order to preserve commercial agricultural 16 activity, encourage mixed-use infill development, prevent 17 urban sprawl, and provide more efficient delivery of municipal 18 services and facilities, the owner of land defined as an 19 agricultural enclave pursuant to s. 163.2514(1) may apply for 20 an amendment to the local government comprehensive plan 21 pursuant to s. 163.3187 and development-of-regional-impact 22 approval, if applicable. Such amendment and 23 development-of-regional-impact approval, if applicable, may 24 include land uses and intensities of use consistent with the 25 uses and intensities of use of surrounding industrial, 26 commercial, or residential areas. Any application for a 27 comprehensive plan amendment and 28 development-of-regional-impact approval, if applicable, shall 29 include appropriate new urbanism concepts such as clustering, 30 mixed-use development, the creation of rural village and city 31 centers, and the transfer of development rights in order to 6 6:37 PM 03/17/05 s0716d-ca38-tca
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 716 Barcode 175428 1 discourage urban sprawl while protecting landowner rights. If 2 such amendment and application for 3 development-of-regional-impact approval is otherwise 4 consistent with applicable provisions of ss. 163.3177, 5 163.3178, 163.3180, 163.3191. and 163.3245, the state 6 comprehensive plan, the appropriate regional policy plan, and 7 chapter 9J-5, Florida Administrative Code, the amendment shall 8 be deemed to prevent urban sprawl and be in compliance as 9 defined in s. 163.3184, and the application for development of 10 regional impact shall be approved. 11 (b) For family farm agricultural enclaves, the owner 12 of land defined as an agricultural enclave pursuant to s. 13 163.2514(2) may apply for an amendment to the local government 14 comprehensive plan pursuant to s. 163.3187. Such amendment may 15 include land uses and intensities of use consistent with the 16 uses and intensities of use of surrounding industrial, 17 commercial, or residential areas. If such amendment is 18 otherwise consistent with applicable provisions of ss. 19 163.3177, 163.3178, 163.3180. 163.3191, and 163.3245, the 20 state comprehensive plan, the appropriate regional policy 21 plan, and chapter 9J-5, Florida Administrative Code, the 22 amendment shall be deemed to prevent urban sprawl and be in 23 compliance as defined in s. 163.3184. 24 (c) If the local government has failed to act within 25 180 days on the comprehensive plan amendment or application 26 for development-of-regional-impact approval, the agricultural 27 enclave as defined in s. 163.2514(1) and (2) shall be granted 28 the comprehensive plan amendment and 29 development-of-regional-impact approval requested. 30 Section 4. Paragraph (a) of subsection (6) and 31 paragraph (d) of subsection (11) of section 163.3177, Florida 7 6:37 PM 03/17/05 s0716d-ca38-tca
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 716 Barcode 175428 1 Statutes, are amended to read: 2 163.3177 Required and optional elements of 3 comprehensive plan; studies and surveys.-- 4 (6) In addition to the requirements of subsections 5 (1)-(5), the comprehensive plan shall include the following 6 elements: 7 (a) A future land use plan element designating 8 proposed future general distribution, location, and extent of 9 the uses of land for residential uses, commercial uses, 10 industry, agriculture, recreation, conservation, education, 11 public buildings and grounds, other public facilities, and 12 other categories of the public and private uses of land. 13 Counties are encouraged to designate rural land stewardship 14 areas, pursuant to the provisions of paragraph (11)(d), as 15 overlays on the future land use map. The proposed 16 distribution, location, and extent of the various categories 17 of land use shall be shown on a land use map or map series 18 that shall be supplemented by goals, policies, and measurable 19 objectives. 20 1. Each future land use category must be defined in 21 terms of uses included, and must include standards to be 22 followed in the control and distribution of population 23 densities and building and structure intensities. The proposed 24 distribution, location, and extent of the various categories 25 of land use shall be shown on a land use map or map series 26 which shall be supplemented by goals, policies, and measurable 27 objectives. 28 2. The future land use plan shall be based upon 29 surveys, studies, and data regarding the area, including the 30 amount of land required to accommodate anticipated growth; the 31 projected population of the area; the character of undeveloped 8 6:37 PM 03/17/05 s0716d-ca38-tca
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 716 Barcode 175428 1 land; the availability of public services; the need for 2 redevelopment, including the renewal of blighted areas and the 3 elimination of nonconforming uses which are inconsistent with 4 the character of the community; the compatibility of uses on 5 lands adjacent to or closely proximate to military 6 installations; and, in rural communities, the need for job 7 creation, capital investment, and economic development that 8 will strengthen and diversify the community's economy. 9 3. The future land use plan may designate areas for 10 future planned development use involving combinations of types 11 of uses for which special regulations may be necessary to 12 ensure development in accord with the principles and standards 13 of the comprehensive plan and this act. 14 4. The future land use plan element shall include 15 criteria to be used to achieve the compatibility of adjacent 16 or closely proximate lands with military installations. 17 5. In addition, For rural communities, the amount of 18 land designated for future planned industrial use shall be 19 based upon surveys and studies that reflect the need for job 20 creation, capital investment, and the necessity to strengthen 21 and diversify the local economies, and shall not be limited 22 solely by the projected population of the rural community. 23 6. The future land use plan shall delineate 24 agricultural enclaves, as defined in s. 163.2514(1) and (2), 25 and establish appropriate uses of land in these enclaves which 26 are consistent with the intensities of use of surrounding 27 industrial, commercial, or residential areas. 28 7. The future land use plan of a county may also 29 designate areas for possible future municipal incorporation. 30 8. The land use maps or map series shall generally 31 identify and depict historic district boundaries and shall 9 6:37 PM 03/17/05 s0716d-ca38-tca
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 716 Barcode 175428 1 designate historically significant properties meriting 2 protection. 3 9. The future land use element must clearly identify 4 the land use categories in which public schools are an 5 allowable use. When delineating the land use categories in 6 which public schools are an allowable use, a local government 7 shall include in the categories sufficient land proximate to 8 residential development to meet the projected needs for 9 schools in coordination with public school boards and may 10 establish differing criteria for schools of different type or 11 size. Each local government shall include lands contiguous to 12 existing school sites, to the maximum extent possible, within 13 the land use categories in which public schools are an 14 allowable use. All comprehensive plans must comply with the 15 school siting requirements of this paragraph no later than 16 October 1, 1999. The failure by a local government to comply 17 with these school siting requirements by October 1, 1999, will 18 result in the prohibition of the local government's ability to 19 amend the local comprehensive plan, except for plan amendments 20 described in s. 163.3187(1)(b), until the school siting 21 requirements are met. Amendments proposed by a local 22 government for purposes of identifying the land use categories 23 in which public schools are an allowable use or for adopting 24 or amending the school-siting maps pursuant to s. 163.31776(3) 25 are exempt from the limitation on the frequency of plan 26 amendments contained in s. 163.3187. The future land use 27 element shall include criteria that encourage the location of 28 schools proximate to urban residential areas to the extent 29 possible and shall require that the local government seek to 30 collocate public facilities, such as parks, libraries, and 31 community centers, with schools to the extent possible and to 10 6:37 PM 03/17/05 s0716d-ca38-tca
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 716 Barcode 175428 1 encourage the use of elementary schools as focal points for 2 neighborhoods. For schools serving predominantly rural 3 counties, defined as a county with a population of 100,000 or 4 fewer, an agricultural land use category shall be eligible for 5 the location of public school facilities if the local 6 comprehensive plan contains school siting criteria and the 7 location is consistent with such criteria. Local governments 8 required to update or amend their comprehensive plan to 9 include criteria and address compatibility of adjacent or 10 closely proximate lands with existing military installations 11 in their future land use plan element shall transmit the 12 update or amendment to the department by June 30, 2006. 13 (11) 14 (d)1. The department, in cooperation with the 15 Department of Agriculture and Consumer Services, the 16 Department of Environmental Protection, water management 17 districts, and regional planning councils, shall provide 18 assistance to local governments in the implementation of this 19 paragraph and rule 9J-5.006(5)(l), Florida Administrative 20 Code. Implementation of those provisions shall include a 21 process by which the department may authorize local 22 governments and landowners to designate all or portions of 23 lands classified in the future land use element as 24 predominantly agricultural, rural, open, open-rural, or a 25 substantively equivalent land use, as a rural land stewardship 26 area within which planning and economic incentives are applied 27 to encourage the implementation of innovative and flexible 28 planning and development strategies and creative land use 29 planning techniques, including those contained herein and in 30 rule 9J-5.006(5)(l), Florida Administrative Code. Assistance 31 may include, but is not limited to: 11 6:37 PM 03/17/05 s0716d-ca38-tca
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 716 Barcode 175428 1 a. Assistance from the Department of Environmental 2 Protection and water management districts in creating the 3 geographic information systems land cover database and aerial 4 photogrammetry needed to prepare for a rural land stewardship 5 area; 6 b. Support for local government implementation of 7 rural land stewardship concepts by providing information and 8 assistance to local governments regarding land acquisition 9 programs that may be used by the local government or 10 landowners to leverage the protection of greater acreage and 11 maximize the effectiveness of rural land stewardship areas; 12 and 13 c. Expansion of the role of the Department of 14 Community Affairs as a resource agency to facilitate 15 establishment of rural land stewardship areas in smaller rural 16 counties that do not have the staff or planning budgets to 17 create a rural land stewardship area. 18 2. The department shall encourage participation by 19 local governments of different sizes and rural characteristics 20 in establishing and implementing rural land stewardship areas. 21 It is the intent of the Legislature that rural land 22 stewardship areas be used to further the following broad 23 principles of rural sustainability; restoration and 24 maintenance of the economic value of rural land; control of 25 urban sprawl; identification and protection of ecosystems, 26 habitats, and natural resources; promotion of rural economic 27 activity; maintenance of the viability of Florida's 28 agricultural economy; and protection of the character of rural 29 areas of Florida. Rural land stewardship areas may be 30 multicounty in order to encourage coordinated regional 31 stewardship planning. 12 6:37 PM 03/17/05 s0716d-ca38-tca
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 716 Barcode 175428 1 3. A local government, in conjunction with a regional 2 planning council, a stakeholder organization of private land 3 owners, or another local government, or any landowner with 4 2,500 acres or more of contiguous agricultural land as defined 5 in s. 193.461 shall notify the department in writing of its 6 intent to designate a rural land stewardship area. The written 7 notification shall describe the basis for the designation, 8 including the extent to which the rural land stewardship area 9 enhances rural land values, controls urban sprawl, provides 10 necessary open space for agriculture and protection of the 11 natural environment, promotes rural economic activity, and 12 maintains rural character and the economic viability of 13 agriculture. 14 4. A rural land stewardship area shall be not less 15 than 2,500 10,000 acres and shall be located outside of 16 municipalities and established urban growth boundaries, and 17 shall be designated by plan amendment. The plan amendment 18 designating a rural land stewardship area shall be subject to 19 review by the Department of Community Affairs pursuant to s. 20 163.3184 and shall provide for the following: 21 a. Criteria for the designation of receiving areas 22 within rural land stewardship areas in which innovative 23 planning and development strategies may be applied. Criteria 24 shall at a minimum provide for the following: adequacy of 25 suitable land to accommodate development so as to avoid 26 conflict with environmentally sensitive areas, resources, and 27 habitats; compatibility between and transition from higher 28 density uses to lower intensity rural uses; the establishment 29 of receiving area service boundaries which provide for a 30 separation between receiving areas and other land uses within 31 the rural land stewardship area through limitations on the 13 6:37 PM 03/17/05 s0716d-ca38-tca
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 716 Barcode 175428 1 extension of services; and connection of receiving areas with 2 the rest of the rural land stewardship area using rural design 3 and rural road corridors. 4 b. Goals, objectives, and policies setting forth the 5 innovative planning and development strategies to be applied 6 within rural land stewardship areas pursuant to the provisions 7 of this section. 8 c. A process for the implementation of innovative 9 planning and development strategies within the rural land 10 stewardship area, including those described in this subsection 11 and rule 9J-5.006(5)(l), Florida Administrative Code, which 12 provide for a functional mix of land uses and which are 13 applied through the adoption by the local government of zoning 14 and land development regulations applicable to the rural land 15 stewardship area. 16 d. A process which encourages visioning pursuant to s. 17 163.3167(11) to ensure that innovative planning and 18 development strategies comply with the provisions of this 19 section. 20 e. The control of sprawl through the use of innovative 21 strategies and creative land use techniques consistent with 22 the provisions of this subsection and rule 9J-5.006(5)(l), 23 Florida Administrative Code. 24 5. In selecting a landowner, the department shall by 25 written agreement: 26 a. Ensure that the landowner has expressed its intent 27 to designate a rural land stewardship area pursuant to this 28 subsection and clarify that the rural land stewardship area is 29 intended. 30 b. Ensure that the landowner has the financial and 31 administrative capabilities to implement a rural land 14 6:37 PM 03/17/05 s0716d-ca38-tca
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 716 Barcode 175428 1 stewardship area. 2 6.5. A receiving area shall be designated by the 3 adoption of a land development regulation. Prior to the 4 designation of a receiving area, the local government shall 5 provide the Department of Community Affairs a period of 30 6 days in which to review a proposed receiving area for 7 consistency with the rural land stewardship area plan 8 amendment and to provide comments to the local government. 9 7.6. Upon the adoption of a plan amendment creating a 10 rural land stewardship area, the local government shall, by 11 ordinance, assign to the area a certain number of credits, to 12 be known as "transferable rural land use credits," which shall 13 not constitute a right to develop land, nor increase density 14 of land, except as provided by this section. The total amount 15 of transferable rural land use credits assigned to the rural 16 land stewardship area must correspond to the 25-year or 17 greater projected population of the rural land stewardship 18 area. Transferable rural land use credits are subject to the 19 following limitations: 20 a. Transferable rural land use credits may only exist 21 within a rural land stewardship area. 22 b. Transferable rural land use credits may only be 23 used on lands designated as receiving areas and then solely 24 for the purpose of implementing innovative planning and 25 development strategies and creative land use planning 26 techniques adopted by the local government pursuant to this 27 section. 28 c. Transferable rural land use credits assigned to a 29 parcel of land within a rural land stewardship area shall 30 cease to exist if the parcel of land is removed from the rural 31 land stewardship area by plan amendment. 15 6:37 PM 03/17/05 s0716d-ca38-tca
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 716 Barcode 175428 1 d. Neither the creation of the rural land stewardship 2 area by plan amendment nor the assignment of transferable 3 rural land use credits by the local government shall operate 4 to displace the underlying density of land uses assigned to a 5 parcel of land within the rural land stewardship area; 6 however, if transferable rural land use credits are 7 transferred from a parcel for use within a designated 8 receiving area, the underlying density assigned to the parcel 9 of land shall cease to exist. 10 e. The underlying density on each parcel of land 11 located within a rural land stewardship area shall not be 12 increased or decreased by the local government, except as a 13 result of the conveyance or use of transferable rural land use 14 credits, as long as the parcel remains within the rural land 15 stewardship area. 16 f. Transferable rural land use credits shall cease to 17 exist on a parcel of land where the underlying density 18 assigned to the parcel of land is utilized. 19 g. An increase in the density of use on a parcel of 20 land located within a designated receiving area may occur only 21 through the assignment or use of transferable rural land use 22 credits and shall not require a plan amendment. 23 h. A change in the density of land use on parcels 24 located within receiving areas shall be specified in a 25 development order which reflects the total number of 26 transferable rural land use credits assigned to the parcel of 27 land and the infrastructure and support services necessary to 28 provide for a functional mix of land uses corresponding to the 29 plan of development. 30 i. Land within a rural land stewardship area may be 31 removed from the rural land stewardship area through a plan 16 6:37 PM 03/17/05 s0716d-ca38-tca
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 716 Barcode 175428 1 amendment. 2 j. Transferable rural land use credits may be assigned 3 at different ratios of credits per acre according to the 4 natural resource or other beneficial use characteristics of 5 the land and according to the land use remaining following the 6 transfer of credits, with the highest number of credits per 7 acre assigned to the most environmentally valuable land and a 8 lesser number of credits to be assigned to open space and 9 agricultural land. 10 k. The use or conveyance of transferable rural land 11 use credits must be recorded in the public records of the 12 county in which the property is located as a covenant or 13 restrictive easement running with the land in favor of the 14 county and either the Department of Environmental Protection, 15 Department of Agriculture and Consumer Services, a water 16 management district, or a recognized statewide land trust. 17 8.7. Owners of land within rural land stewardship 18 areas should be provided incentives to enter into rural land 19 stewardship agreements, pursuant to existing law and rules 20 adopted thereto, with state agencies, water management 21 districts, and local governments to achieve mutually agreed 22 upon conservation objectives. Such incentives may include, 23 but not be limited to, the following: 24 a. Opportunity to accumulate transferable mitigation 25 credits. 26 b. Extended permit agreements. 27 c. Opportunities for recreational leases and 28 ecotourism. 29 d. Payment for specified land management services on 30 publicly owned land, or property under covenant or restricted 31 easement in favor of a public entity. 17 6:37 PM 03/17/05 s0716d-ca38-tca
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 716 Barcode 175428 1 e. Option agreements for sale to public entities or 2 private land conservation entities, in either fee or easement, 3 upon achievement of conservation objectives. 4 9.8. The department shall report to the Legislature on 5 an annual basis on the results of implementation of rural land 6 stewardship areas authorized by the department, including 7 successes and failures in achieving the intent of the 8 Legislature as expressed in this paragraph. 9 Section 5. Paragraph (d) of subsection (1) of section 10 163.3187, Florida Statutes, is amended to read: 11 163.3187 Amendment of adopted comprehensive plan.-- 12 (1) Amendments to comprehensive plans adopted pursuant 13 to this part may be made not more than two times during any 14 calendar year, except: 15 (d) Any comprehensive plan amendment required by a 16 compliance agreement under pursuant to s. 163.3184(16), an 17 amendment to an agricultural enclave comprehensive plan 18 pursuant to s. 163.2517(7), or any amendment to a large-scale 19 comprehensive plan adopted as a result of informal mediation 20 in accordance with s. 163.3181(4) may be approved without 21 regard to statutory limits on the frequency of adoption of 22 amendments to the comprehensive plan. 23 Section 6. Section 259.047, Florida Statutes, is 24 created to read: 25 259.047 Acquisition of land on which an agricultural 26 lease exists.-- 27 (1) When land with an existing agricultural lease is 28 acquired in fee simple pursuant to this chapter or chapter 29 375, the existing agricultural lease may continue in force for 30 the actual time remaining on the lease agreement. Any entity 31 managing lands acquired under this section must consider 18 6:37 PM 03/17/05 s0716d-ca38-tca
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 716 Barcode 175428 1 existing agricultural leases in the development of a land 2 management plan required under s. 253.034. 3 (2) Where consistent with the purposes for which the 4 property was acquired, the state or acquiring entity shall 5 make reasonable efforts to keep lands in agricultural 6 production which are in agricultural production at the time of 7 acquisition. 8 Section 7. Paragraph (a) of subsection (2) of section 9 373.0361, Florida Statutes, is amended to read: 10 373.0361 Regional water supply planning.-- 11 (2) Each regional water supply plan shall be based on 12 at least a 20-year planning period and shall include, but not 13 be limited to: 14 (a) A water supply development component that 15 includes: 16 1. A quantification of the water supply needs for all 17 existing and reasonably projected future uses within the 18 planning horizon. The level-of-certainty planning goal 19 associated with identifying the water supply needs of existing 20 and future reasonable-beneficial uses shall be based upon 21 meeting those needs for a 1-in-10-year drought event. 22 Population projections used for determining public water 23 supply needs must be based upon the best available data. In 24 determining the best available data, the district shall 25 consider the University of Florida's Bureau of Economic and 26 Business Research (BEBR) medium population projections and any 27 population projection data and analysis submitted by a local 28 government pursuant to the public workshop described in 29 subsection (1) if the data and analysis support the local 30 government's comprehensive plan. Any adjustment of or 31 deviation from the BEBR projections must be fully described, 19 6:37 PM 03/17/05 s0716d-ca38-tca
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 716 Barcode 175428 1 and the original BEBR data must be presented along with the 2 adjusted data. 3 2. A list of water source options, including 4 traditional and alternative source options, from which local 5 government, government-owned and privately owned utilities, 6 self-suppliers, and others may choose, for water supply 7 development, the total capacity of which will, in conjunction 8 with water conservation and other demand management measures, 9 exceed the needs identified in subparagraph 1. The list of 10 water-source options for water supply development must contain 11 provisions that recognize that alternative water-source 12 options for agricultural self-suppliers are limited. 13 3. For each option listed in subparagraph 2., the 14 estimated amount of water available for use and the estimated 15 costs of and potential sources of funding for water supply 16 development. 17 4. A list of water supply development projects that 18 meet the criteria in s. 373.0831(4). 19 20 The water supply development component of a regional water 21 supply plan which deals with or affects public utilities and 22 public water supply for those areas served by a regional water 23 supply authority and its member governments within the 24 boundaries of the Southwest Florida Water Management District 25 shall be developed jointly by the authority and the district. 26 Section 8. Section 373.2234, Florida Statutes, is 27 amended to read: 28 373.2234 Preferred water supply sources.--The 29 governing board of a water management district is authorized 30 to adopt rules that identify preferred water supply sources 31 for consumptive uses for which there is sufficient data to 20 6:37 PM 03/17/05 s0716d-ca38-tca
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 716 Barcode 175428 1 establish that a preferred source will provide a substantial 2 new water supply to meet the existing and projected 3 reasonable-beneficial uses of a water supply planning region 4 identified pursuant to s. 373.0361(1), while sustaining 5 existing water resources and natural systems. At a minimum, 6 such rules must contain a description of the preferred water 7 supply source and an assessment of the water the preferred 8 source is projected to produce. If an applicant proposes to 9 use a preferred water supply source, that applicant's proposed 10 water use is subject to s. 373.223(1), except that the 11 proposed use of a preferred water supply source must be 12 considered by a water management district when determining 13 whether a permit applicant's proposed use of water is 14 consistent with the public interest pursuant to s. 15 373.223(1)(c). A consumptive use permit issued for the use of 16 a preferred water supply source must be granted, when 17 requested by the applicant, for at least a 20-year period and 18 may be subject to the compliance reporting provisions of s. 19 373.236(4)(3). Nothing in this section shall be construed to 20 exempt the use of preferred water supply sources from the 21 provisions of ss. 373.016(4) and 373.223(2) and (3), or be 22 construed to provide that permits issued for the use of a 23 nonpreferred water supply source must be issued for a duration 24 of less than 20 years or that the use of a nonpreferred water 25 supply source is not consistent with the public interest. 26 Additionally, nothing in this section shall be interpreted to 27 require the use of a preferred water supply source or to 28 restrict or prohibit the use of a nonpreferred water supply 29 source. Rules adopted by the governing board of a water 30 management district to implement this section shall specify 31 that the use of a preferred water supply source is not 21 6:37 PM 03/17/05 s0716d-ca38-tca
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 716 Barcode 175428 1 required and that the use of a nonpreferred water supply 2 source is not restricted or prohibited. 3 Section 9. Subsections (2) and (3) of section 373.236, 4 Florida Statutes, are renumbered as subsections (3) and (4), 5 respectively, and a new subsection (2) is added to that 6 section, to read: 7 373.236 Duration of permits; compliance reports.-- 8 (2) The Legislature finds that some agricultural 9 landowners remain unaware of their ability to request a 10 20-year consumptive use permit under subsection (1) for 11 initial permits or for renewals. Therefore, the water 12 management districts shall inform agricultural applicants of 13 this option in the application form. 14 Section 10. Section 373.407, Florida Statutes, is 15 created to read: 16 373.407 Memorandum of agreement for an 17 agricultural-related exemption.--No later than July 1, 2006, 18 the Department of Agriculture and Consumer Services and each 19 water management district shall enter into a memorandum of 20 agreement under which the Department of Agricultural and 21 Consumer Services shall assist in a determination by a water 22 management district as to whether an existing or proposed 23 activity qualifies for the exemption in s. 373.406(2). The 24 memorandum of agreement shall provide a process by which, upon 25 the request of a water management district, the Department of 26 Agriculture and Consumer Services shall conduct a nonbinding 27 review as to whether an existing or proposed activity 28 qualifies for an agricultural-related exemption in s. 29 373.406(2). The memorandum of agreement shall provide 30 processes and procedures by which the Department of 31 Agriculture and Consumer Services shall undertake this review 22 6:37 PM 03/17/05 s0716d-ca38-tca
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 716 Barcode 175428 1 effectively and efficiently and issue a recommendation. 2 Section 11. This act shall take effect upon becoming a 3 law. 4 5 6 ================ T I T L E A M E N D M E N T =============== 7 And the title is amended as follows: 8 Delete everything before the enacting clause 9 10 and insert: 11 A bill to be entitled 12 An act relating to agricultural economic 13 development; amending s. 70.001, F.S.; 14 providing a cause of action for landowners 15 aggrieved by certain changes to agricultural 16 land use; amending s. 163.2514, F.S.; defining 17 the terms "agricultural enclave" and "family 18 farm agricultural enclave" for purposes of 19 growth policy; amending s. 163.2517, F.S.; 20 authorizing the owner of land defined as an 21 agricultural enclave or a family farm 22 agricultural enclave to apply for an amendment 23 to the local government comprehensive plan; 24 providing requirements relating to application 25 for a comprehensive plan amendment; providing 26 for the granting of amendment upon the failure 27 to act in a timely fashion; amending s. 28 163.3177, F.S.; requiring land use plans to 29 establish appropriate uses of lands in 30 agricultural enclaves; amending acreage limits 31 for rural land stewardship areas; requiring the 23 6:37 PM 03/17/05 s0716d-ca38-tca
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 716 Barcode 175428 1 department to obtain written agreements from 2 landowners; amending s. 163.3187, F.S.; 3 providing that an amendment to an agricultural 4 enclave comprehensive plan or an amendment to a 5 large scale comprehensive plan adopted as a 6 result of informal mediation may be approved 7 without regard to statutory frequency limits; 8 creating s. 259.047, F.S.; providing 9 requirements relating to the purchase of land 10 on which an agricultural lease exists; amending 11 s. 373.0361, F.S.; providing for recognition 12 that alternative water-source options for 13 agricultural self-suppliers are limited; 14 amending s. 373.2234, F.S.; conforming a 15 cross-reference; amending s. 373.236, F.S.; 16 requiring water management districts to inform 17 landowners of the option to obtain certain 18 consumptive use permits; creating s. 373.407, 19 F.S.; providing for memoranda of agreement 20 regarding qualification for 21 agricultural-related exemptions; providing an 22 effective date. 23 24 25 26 27 28 29 30 31 24 6:37 PM 03/17/05 s0716d-ca38-tca