Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 716
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CHAMBER ACTION
Senate House
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11 The Committee on Community Affairs (Villalobos) recommended
12 the following amendment:
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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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
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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.
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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:
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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.
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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
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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
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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.
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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
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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.
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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
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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,
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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
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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
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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
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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
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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.
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