Senate Bill sb0716

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    Florida Senate - 2005                                   SB 716

    By Senator Argenziano





    3-803-05                                                See HB

  1                      A bill to be entitled

  2         An act relating to agricultural economic

  3         development; creating s. 70.005, F.S.;

  4         providing a cause of action for landowners

  5         aggrieved by certain changes to agricultural

  6         land use; amending s. 163.2514, F.S.; defining

  7         the term "agricultural enclave" for purposes of

  8         growth policy; amending s. 163.2517, F.S.;

  9         authorizing the owner of land defined as an

10         agricultural enclave to apply for an amendment

11         to the local government comprehensive plan;

12         providing requirements relating to application

13         for a comprehensive plan amendment; amending s.

14         163.3187, F.S.; providing that a large scale

15         comprehensive plan amendment adopted as a

16         result of informal mediation may be approved

17         without regard to the statutory frequency

18         limits; creating s. 259.047, F.S.; providing

19         requirements relating to purchase of land on

20         which an agricultural lease exists; amending s.

21         373.0361, F.S.; providing for recognition that

22         alternative water source options for

23         agricultural self-suppliers are limited;

24         amending s. 373.2234, F.S.; correcting a

25         cross-reference; amending s. 373.236, F.S.;

26         requiring water management districts to inform

27         landowners of the option to obtain certain

28         consumptive use permits; creating s. 373.407,

29         F.S.; providing for memoranda of agreement

30         regarding qualification for

31  

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    Florida Senate - 2005                                   SB 716
    3-803-05                                                See HB




 1         agricultural-related exemptions; providing an

 2         effective date.

 3  

 4         WHEREAS, agricultural production is a major contributor

 5  to the economy of the state, and

 6         WHEREAS, agricultural lands constitute unique and

 7  irreplaceable resources of statewide importance, and

 8         WHEREAS, the continuation of agricultural activities

 9  preserves the landscape and environmental resources of the

10  state, contributes to the increase of tourism, and furthers

11  the economic self-sufficiency of the people of the state, and

12         WHEREAS, the development, improvement, and

13  encouragement of the agricultural industry will result in a

14  general benefit to the health, safety, and welfare of the

15  people of the state, NOW, THEREFORE,

16  

17  Be It Enacted by the Legislature of the State of Florida:

18  

19         Section 1.  Section 70.005, Florida Statutes, is

20  created to read:

21         70.005  Cause of action.--A landowner aggrieved by the

22  changing of an existing agricultural land use classification

23  or agricultural zoning or the lowering of the current

24  residential density designation by a county which creates an

25  inordinate burden on property classified as agricultural land

26  pursuant to s. 193.461 shall have an immediate cause of action

27  in accordance with the procedures provided in s. 70.001,

28  except that the 180-day notice period shall be reduced to a

29  90-day notice period.

30         Section 2.  Subsections (1) and (2) of section

31  163.2514, Florida Statutes, are renumbered as subsections (2)

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    Florida Senate - 2005                                   SB 716
    3-803-05                                                See HB




 1  and (3), respectively, and a new subsection (1) is added to

 2  that section to read:

 3         163.2514  Growth Policy Act; definitions.--As used in

 4  ss. 163.2511-163.2526:

 5         (1)  "Agricultural enclave" means any unincorporated,

 6  undeveloped parcel of 7,500 acres or less, owned by a single

 7  person or entity, which satisfies all of the following

 8  criteria:

 9         (a)  The parcel has been in continuous use for bona

10  fide agricultural purposes, as defined by s. 193.461, for a

11  period of 5 years prior to the date of any comprehensive plan

12  amendment application.

13         (b)  The parcel is surrounded on at least 75 percent of

14  its perimeter by existing industrial, commercial, or

15  residential development or property that may be developed for

16  industrial, commercial, or residential purposes without

17  further amendment of a local government comprehensive plan.

18         (c)  Public services, including water, wastewater,

19  transportation, schools, and recreational facilities, are

20  available or are scheduled to be provided as part of an

21  adopted 5-year schedule of capital improvements by the local

22  government or by an alternative local government public

23  infrastructure provider.

24         Section 3.  Subsection (7) is added to section

25  163.2517, Florida Statutes, to read:

26         163.2517  Designation of urban infill and redevelopment

27  area; agricultural enclave.--

28         (1)  A local government may designate a geographic area

29  or areas within its jurisdiction as an urban infill and

30  redevelopment area for the purpose of targeting economic

31  development, job creation, housing, transportation, crime

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    Florida Senate - 2005                                   SB 716
    3-803-05                                                See HB




 1  prevention, neighborhood revitalization and preservation, and

 2  land use incentives to encourage urban infill and

 3  redevelopment within the urban core.

 4         (2)(a)  As part of the preparation and implementation

 5  of an urban infill and redevelopment plan, a collaborative and

 6  holistic community participation process must be implemented

 7  to include each neighborhood within the area targeted for

 8  designation as an urban infill and redevelopment area. The

 9  objective of the community participation process is to

10  encourage communities within the proposed urban infill and

11  redevelopment area to participate in the design and

12  implementation of the plan, including a "visioning" of the

13  urban core, before redevelopment.

14         (b)1.  A neighborhood participation process must be

15  developed to provide for the ongoing involvement of

16  stakeholder groups including, but not limited to,

17  community-based organizations, neighborhood associations,

18  financial institutions, faith organizations, housing

19  authorities, financial institutions, existing businesses,

20  businesses interested in operating in the community, schools,

21  and neighborhood residents, in preparing and implementing the

22  urban infill and redevelopment plan.

23         2.  The neighborhood participation process must include

24  a governance structure whereby the local government shares

25  decisionmaking authority for developing and implementing the

26  urban infill and redevelopment plan with communitywide

27  representatives. For example, the local government and

28  community representatives could organize a corporation under

29  s. 501(c)(3) of the Internal Revenue Code to implement

30  specific redevelopment projects.

31  

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    Florida Senate - 2005                                   SB 716
    3-803-05                                                See HB




 1         (3)  A local government seeking to designate a

 2  geographic area within its jurisdiction as an urban infill and

 3  redevelopment area shall prepare a plan that describes the

 4  infill and redevelopment objectives of the local government

 5  within the proposed area. In lieu of preparing a new plan, the

 6  local government may demonstrate that an existing plan or

 7  combination of plans associated with a community redevelopment

 8  area, Florida Main Street program, Front Porch Florida

 9  Community, sustainable community, enterprise zone, or

10  neighborhood improvement district includes the factors listed

11  in paragraphs (a)-(n), including a collaborative and holistic

12  community participation process, or amend such existing plans

13  to include these factors. The plan shall demonstrate the local

14  government and community's commitment to comprehensively

15  address the urban problems within the urban infill and

16  redevelopment area and identify activities and programs to

17  accomplish locally identified goals such as code enforcement;

18  improved educational opportunities; reduction in crime;

19  neighborhood revitalization and preservation; provision of

20  infrastructure needs, including mass transit and multimodal

21  linkages; and mixed-use planning to promote multifunctional

22  redevelopment to improve both the residential and commercial

23  quality of life in the area. The plan shall also:

24         (a)  Contain a map depicting the geographic area or

25  areas to be included within the designation.

26         (b)  Confirm that the infill and redevelopment area is

27  within an area designated for urban uses in the local

28  government's comprehensive plan.

29         (c)  Identify and map existing enterprise zones,

30  community redevelopment areas, community development

31  corporations, brownfield areas, downtown redevelopment

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    Florida Senate - 2005                                   SB 716
    3-803-05                                                See HB




 1  districts, safe neighborhood improvement districts, historic

 2  preservation districts, and empowerment zones or enterprise

 3  communities located within the area proposed for designation

 4  as an urban infill and redevelopment area and provide a

 5  framework for coordinating infill and redevelopment programs

 6  within the urban core.

 7         (d)  Identify a memorandum of understanding between the

 8  district school board and the local government jurisdiction

 9  regarding public school facilities located within the urban

10  infill and redevelopment area to identify how the school board

11  will provide priority to enhancing public school facilities

12  and programs in the designated area, including the reuse of

13  existing buildings for schools within the area.

14         (e)  Identify each neighborhood within the proposed

15  area and state community preservation and revitalization goals

16  and projects identified through a collaborative and holistic

17  community participation process and how such projects will be

18  implemented.

19         (f)  Identify how the local government and

20  community-based organizations intend to implement affordable

21  housing programs, including, but not limited to, economic and

22  community development programs administered by federal and

23  state agencies, within the urban infill and redevelopment

24  area.

25         (g)  Identify strategies for reducing crime.

26         (h)  If applicable, provide guidelines for the adoption

27  of land development regulations specific to the urban infill

28  and redevelopment area which include, for example, setbacks

29  and parking requirements appropriate to urban development.

30         (i)  Identify and map any existing transportation

31  concurrency exception areas and any relevant public

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    Florida Senate - 2005                                   SB 716
    3-803-05                                                See HB




 1  transportation corridors designated by a metropolitan planning

 2  organization in its long-range transportation plans or by the

 3  local government in its comprehensive plan for which the local

 4  government seeks designation as a transportation concurrency

 5  exception area. For those areas, describe how public

 6  transportation, pedestrian ways, and bikeways will be

 7  implemented as an alternative to increased automobile use.

 8         (j)  Identify and adopt a package of financial and

 9  local government incentives which the local government will

10  offer for new development, expansion of existing development,

11  and redevelopment within the urban infill and redevelopment

12  area. Examples of such incentives include:

13         1.  Waiver of license and permit fees.

14         2.  Exemption of sales made in the urban infill and

15  redevelopment area from local option sales surtaxes imposed

16  pursuant to s. 212.055.

17         3.  Waiver of delinquent local taxes or fees to promote

18  the return of property to productive use.

19         4.  Expedited permitting.

20         5.  Lower transportation impact fees for development

21  which encourages more use of public transit, pedestrian, and

22  bicycle modes of transportation.

23         6.  Prioritization of infrastructure spending within

24  the urban infill and redevelopment area.

25         7.  Local government absorption of developers'

26  concurrency costs.

27  

28  In order to be authorized to recognize the exemption from

29  local option sales surtaxes pursuant to subparagraph 2., the

30  owner, lessee, or lessor of the new development, expanding

31  existing development, or redevelopment within the urban infill

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    Florida Senate - 2005                                   SB 716
    3-803-05                                                See HB




 1  and redevelopment area must file an application under oath

 2  with the governing body having jurisdiction over the urban

 3  infill and redevelopment area where the business is located.

 4  The application must include the name and address of the

 5  business claiming the exclusion from collecting local option

 6  surtaxes; an address and assessment roll parcel number of the

 7  urban infill and redevelopment area for which the exemption is

 8  being sought; a description of the improvements made to

 9  accomplish the new development, expanding development, or

10  redevelopment of the real property; a copy of the building

11  permit application or the building permit issued for the

12  development of the real property; a new application for a

13  certificate of registration with the Department of Revenue

14  with the address of the new development, expanding

15  development, or redevelopment; and the location of the

16  property. The local government must review and approve the

17  application and submit the completed application and

18  documentation along with a copy of the ordinance adopted

19  pursuant to subsection (5) to the Department of Revenue in

20  order for the business to become eligible to make sales exempt

21  from local option sales surtaxes in the urban infill and

22  redevelopment area.

23         (k)  Identify how activities and incentives within the

24  urban infill and redevelopment area will be coordinated and

25  what administrative mechanism the local government will use

26  for the coordination.

27         (l)  Identify how partnerships with the financial and

28  business community will be developed.

29         (m)  Identify the governance structure that the local

30  government will use to involve community representatives in

31  the implementation of the plan.

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    Florida Senate - 2005                                   SB 716
    3-803-05                                                See HB




 1         (n)  Identify performance measures to evaluate the

 2  success of the local government in implementing the urban

 3  infill and redevelopment plan.

 4         (4)  In order for a local government to designate an

 5  urban infill and redevelopment area, it must amend its

 6  comprehensive land use plan under s. 163.3187 to delineate the

 7  boundaries of the urban infill and redevelopment area within

 8  the future land use element of its comprehensive plan pursuant

 9  to its adopted urban infill and redevelopment plan. The state

10  land planning agency shall review the boundary delineation of

11  the urban infill and redevelopment area in the future land use

12  element under s. 163.3184. However, an urban infill and

13  redevelopment plan adopted by a local government is not

14  subject to review for compliance as defined by s.

15  163.3184(1)(b), and the local government is not required to

16  adopt the plan as a comprehensive plan amendment. An amendment

17  to the local comprehensive plan to designate an urban infill

18  and redevelopment area is exempt from the twice-a-year

19  amendment limitation of s. 163.3187.

20         (5)  After the preparation of an urban infill and

21  redevelopment plan or designation of an existing plan, the

22  local government shall adopt the plan by ordinance. Notice for

23  the public hearing on the ordinance must be in the form

24  established in s. 166.041(3)(c)2. for municipalities, and s.

25  125.66(4)(b)2. for counties.

26         (6)(a)  In order to continue to be eligible for the

27  economic and regulatory incentives granted with respect to an

28  urban infill and redevelopment area, the local government must

29  demonstrate during the evaluation, assessment, and review of

30  its comprehensive plan required pursuant to s. 163.3191, that

31  within designated urban infill and redevelopment areas, the

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    Florida Senate - 2005                                   SB 716
    3-803-05                                                See HB




 1  amount of combined annual residential, commercial, and

 2  institutional development has increased by at least 10

 3  percent.

 4         (b)  If the local government fails to implement the

 5  urban infill and redevelopment plan in accordance with the

 6  deadlines set forth in the plan, the Department of Community

 7  Affairs may seek to rescind the economic and regulatory

 8  incentives granted to the urban infill and redevelopment area,

 9  subject to the provisions of chapter 120.  The action to

10  rescind may be initiated 90 days after issuing a written

11  letter of warning to the local government.

12         (7)  In order to preserve commercial agricultural

13  activity, encourage mixed-use infill development, prevent

14  urban sprawl, and provide more efficient delivery of municipal

15  services and facilities, the owner of land defined as an

16  agricultural enclave pursuant to s. 163.2514(1) may apply for

17  an amendment to the local government comprehensive plan

18  pursuant to s. 163.3187. Such amendment may include land uses

19  and intensities of use consistent with the uses and

20  intensities of use of surrounding industrial, commercial, or

21  residential areas. Any comprehensive plan amendment

22  application shall include appropriate "new urbanism" concepts

23  such as clustering, mixed-use development, the creation of

24  rural village and city centers, and the transfer of

25  development rights in order to discourage urban sprawl while

26  protecting landowner rights. If such amendment is otherwise

27  consistent with applicable provisions of ss. 163.3177,

28  163.3178, 163.3180, 163.3191, and 163.3245, the state

29  comprehensive plan, the appropriate regional policy plan, and

30  chapter 9J-5, Florida Administrative Code, the amendment shall

31  be deemed to prevent urban sprawl and be in compliance as

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    Florida Senate - 2005                                   SB 716
    3-803-05                                                See HB




 1  defined in s. 163.3184. If two or more persons or entities own

 2  contiguous agricultural lands which, when consolidated after

 3  the effective date of this act, meet the definition of an

 4  agricultural enclave, such persons or entities shall not be

 5  entitled to apply for a comprehensive plan amendment pursuant

 6  to this subsection for a period of 5 years following

 7  consolidation.

 8         Section 4.  Paragraph (d) of subsection (1) of section

 9  163.3187, Florida Statutes, is amended to read:

10         163.3187  Amendment of adopted comprehensive plan.--

11         (1)  Amendments to comprehensive plans adopted pursuant

12  to this part may be made not more than two times during any

13  calendar year, except:

14         (d)  Any comprehensive plan amendment required by a

15  compliance agreement under pursuant to s. 163.3184(16) or any

16  large scale comprehensive plan amendment adopted as a result

17  of informal mediation in accordance with s. 163.3181(4) may be

18  approved without regard to statutory limits on the frequency

19  of adoption of amendments to the comprehensive plan.

20         Section 5.  Section 259.047, Florida Statutes, is

21  created to read:

22         259.047  Acquisition of land on which an agricultural

23  lease exists.--

24         (1)  When land with an existing agricultural lease is

25  acquired in fee simple pursuant to this chapter or chapter

26  375, the existing agricultural lease may continue in force for

27  the actual time remaining on the lease agreement. Any entity

28  managing lands acquired under this section must consider

29  existing agricultural leases in the development of a land

30  management plan required under the provisions of s. 253.034.

31  

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    Florida Senate - 2005                                   SB 716
    3-803-05                                                See HB




 1         (2)  Where consistent with the purposes for which the

 2  property was acquired, the state or acquiring entity shall

 3  make reasonable efforts to keep lands in agricultural

 4  production which are in agricultural production at the time of

 5  acquisition.

 6         Section 6.  Paragraph (a) of subsection (2) of section

 7  373.0361, Florida Statutes, is amended to read:

 8         373.0361  Regional water supply planning.--

 9         (2)  Each regional water supply plan shall be based on

10  at least a 20-year planning period and shall include, but not

11  be limited to:

12         (a)  A water supply development component that

13  includes:

14         1.  A quantification of the water supply needs for all

15  existing and reasonably projected future uses within the

16  planning horizon. The level-of-certainty planning goal

17  associated with identifying the water supply needs of existing

18  and future reasonable-beneficial uses shall be based upon

19  meeting those needs for a 1-in-10-year drought event.

20  Population projections used for determining public water

21  supply needs must be based upon the best available data. In

22  determining the best available data, the district shall

23  consider the University of Florida's Bureau of Economic and

24  Business Research (BEBR) medium population projections and any

25  population projection data and analysis submitted by a local

26  government pursuant to the public workshop described in

27  subsection (1) if the data and analysis support the local

28  government's comprehensive plan. Any adjustment of or

29  deviation from the BEBR projections must be fully described,

30  and the original BEBR data must be presented along with the

31  adjusted data.

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    Florida Senate - 2005                                   SB 716
    3-803-05                                                See HB




 1         2.  A list of water source options, including

 2  traditional and alternative source options, from which local

 3  government, government-owned and privately owned utilities,

 4  self-suppliers, and others may choose, for water supply

 5  development, the total capacity of which will, in conjunction

 6  with water conservation and other demand management measures,

 7  exceed the needs identified in subparagraph 1. The list of

 8  water source options for water supply development must contain

 9  provisions that recognize that alternative water source

10  options for agricultural self-suppliers are limited.

11         3.  For each option listed in subparagraph 2., the

12  estimated amount of water available for use and the estimated

13  costs of and potential sources of funding for water supply

14  development.

15         4.  A list of water supply development projects that

16  meet the criteria in s. 373.0831(4).

17  

18  The water supply development component of a regional water

19  supply plan which deals with or affects public utilities and

20  public water supply for those areas served by a regional water

21  supply authority and its member governments within the

22  boundaries of the Southwest Florida Water Management District

23  shall be developed jointly by the authority and the district.

24         Section 7.  Section 373.2234, Florida Statutes, is

25  amended to read:

26         373.2234  Preferred water supply sources.--The

27  governing board of a water management district is authorized

28  to adopt rules that identify preferred water supply sources

29  for consumptive uses for which there is sufficient data to

30  establish that a preferred source will provide a substantial

31  new water supply to meet the existing and projected

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    Florida Senate - 2005                                   SB 716
    3-803-05                                                See HB




 1  reasonable-beneficial uses of a water supply planning region

 2  identified pursuant to s. 373.0361(1), while sustaining

 3  existing water resources and natural systems. At a minimum,

 4  such rules must contain a description of the preferred water

 5  supply source and an assessment of the water the preferred

 6  source is projected to produce. If an applicant proposes to

 7  use a preferred water supply source, that applicant's proposed

 8  water use is subject to s. 373.223(1), except that the

 9  proposed use of a preferred water supply source must be

10  considered by a water management district when determining

11  whether a permit applicant's proposed use of water is

12  consistent with the public interest pursuant to s.

13  373.223(1)(c). A consumptive use permit issued for the use of

14  a preferred water supply source must be granted, when

15  requested by the applicant, for at least a 20-year period and

16  may be subject to the compliance reporting provisions of s.

17  373.236(4)(3). Nothing in this section shall be construed to

18  exempt the use of preferred water supply sources from the

19  provisions of ss. 373.016(4) and 373.223(2) and (3), or be

20  construed to provide that permits issued for the use of a

21  nonpreferred water supply source must be issued for a duration

22  of less than 20 years or that the use of a nonpreferred water

23  supply source is not consistent with the public interest.

24  Additionally, nothing in this section shall be interpreted to

25  require the use of a preferred water supply source or to

26  restrict or prohibit the use of a nonpreferred water supply

27  source. Rules adopted by the governing board of a water

28  management district to implement this section shall specify

29  that the use of a preferred water supply source is not

30  required and that the use of a nonpreferred water supply

31  source is not restricted or prohibited.

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    Florida Senate - 2005                                   SB 716
    3-803-05                                                See HB




 1         Section 8.  Subsections (2) and (3) of section 373.236,

 2  Florida Statutes, are renumbered as subsections (3) and (4),

 3  respectively, and a new subsection (2) is added to that

 4  section to read:

 5         373.236  Duration of permits; compliance reports.--

 6         (2)  The Legislature finds that some agricultural

 7  landowners remain unaware of their ability to request a

 8  20-year consumptive use permit under subsection (1) for

 9  initial permits or for renewals. Therefore, the water

10  management districts shall inform agricultural applicants of

11  this option in the application form.

12         Section 9.  Section 373.407, Florida Statutes, is

13  created to read:

14         373.407  Memorandum of agreement for an

15  agricultural-related exemption.--No later than July 1, 2006,

16  the Department of Agriculture and Consumer Services and each

17  water management district shall enter into a memorandum of

18  agreement under which the Department of Agriculture and

19  Consumer Services shall assist in a determination by a water

20  management district as to whether an existing or proposed

21  activity qualifies for the exemption set forth in s.

22  373.406(2). The memorandum of agreement shall provide a

23  process by which, upon the request of a water management

24  district, the Department of Agriculture and Consumer Services

25  shall conduct a nonbinding review as to whether an existing or

26  proposed activity qualifies for an agricultural-related

27  exemption set forth in s. 373.406(2). The memorandum of

28  agreement shall provide processes and procedures by which the

29  Department of Agriculture and Consumer Services shall

30  undertake this review effectively and efficiently and issue a

31  recommendation.

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    Florida Senate - 2005                                   SB 716
    3-803-05                                                See HB




 1         Section 10.  This act shall take effect upon becoming a

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