HB 1015

1
A bill to be entitled
2An act relating to agricultural economic development;
3amending s. 70.001, F.S.; providing a deadline for an
4owner of agricultural land to present a claim prior to
5filing an action against a governmental entity regarding
6private property rights; amending s. 163.3162, F.S.;
7providing for application for an amendment to the local
8government comprehensive plan by the owner of land that
9meets certain provisions of the definition of an
10agricultural enclave; providing requirements relating to
11such applications; exempting certain amendments from
12specified rules of the Department of Community Affairs
13under certain circumstances; amending s. 163.3164, F.S.;
14defining the term "agricultural enclave" for purposes of
15the Local Government Comprehensive Planning and Land
16Development Regulation Act; creating s. 259.047, F.S.;
17providing requirements relating to the purchase of land on
18which an agricultural lease exists; amending s. 373.0361,
19F.S.; providing for recognition that alternative water
20supply development options for agricultural self-suppliers
21are limited; amending s. 373.2234, F.S.; conforming a
22cross-reference; amending s. 373.236, F.S.; requiring
23water management districts to inform landowners of the
24option to obtain certain consumptive use permits; creating
25s. 373.407, F.S.; providing for memoranda of agreement
26regarding qualification for agricultural-related
27exemptions; providing an effective date.
28
29Be It Enacted by the Legislature of the State of Florida:
30
31     Section 1.  Paragraphs (a) and (c) of subsection (4),
32paragraph (a) of subsection (5), and paragraph (c) of subsection
33(6) of section 70.001, Florida Statutes, are amended to read:
34     70.001  Private property rights protection.--
35     (4)(a)  Not less than 180 days prior to filing an action
36under this section against a governmental entity, a property
37owner who seeks compensation under this section must present the
38claim in writing to the head of the governmental entity, except
39that if the property is classified as agricultural pursuant to
40s. 193.461, the notice period is 90 days. The property owner
41must submit, along with the claim, a bona fide, valid appraisal
42that supports the claim and demonstrates the loss in fair market
43value to the real property. If the action of government is the
44culmination of a process that involves more than one
45governmental entity, or if a complete resolution of all relevant
46issues, in the view of the property owner or in the view of a
47governmental entity to whom a claim is presented, requires the
48active participation of more than one governmental entity, the
49property owner shall present the claim as provided in this
50section to each of the governmental entities.
51     (c)  During the 90-day-notice period or the 180-day-notice
52period, unless extended by agreement of the parties, the
53governmental entity shall make a written settlement offer to
54effectuate:
55     1.  An adjustment of land development or permit standards
56or other provisions controlling the development or use of land.
57     2.  Increases or modifications in the density, intensity,
58or use of areas of development.
59     3.  The transfer of developmental rights.
60     4.  Land swaps or exchanges.
61     5.  Mitigation, including payments in lieu of onsite
62mitigation.
63     6.  Location on the least sensitive portion of the
64property.
65     7.  Conditioning the amount of development or use
66permitted.
67     8.  A requirement that issues be addressed on a more
68comprehensive basis than a single proposed use or development.
69     9.  Issuance of the development order, a variance, special
70exception, or other extraordinary relief.
71     10.  Purchase of the real property, or an interest therein,
72by an appropriate governmental entity.
73     11.  No changes to the action of the governmental entity.
74
75If the property owner accepts the settlement offer, the
76governmental entity may implement the settlement offer by
77appropriate development agreement; by issuing a variance,
78special exception, or other extraordinary relief; or by other
79appropriate method, subject to paragraph (d).
80     (5)(a)  During the 90-day-notice period or the 180-day-
81notice period, unless a settlement offer is accepted by the
82property owner, each of the governmental entities provided
83notice pursuant to paragraph (4)(a) shall issue a written
84ripeness decision identifying the allowable uses to which the
85subject property may be put. The failure of the governmental
86entity to issue a written ripeness decision during the
87applicable 90-day-notice period or 180-day-notice period shall
88be deemed to ripen the prior action of the governmental entity,
89and shall operate as a ripeness decision that has been rejected
90by the property owner. The ripeness decision, as a matter of
91law, constitutes the last prerequisite to judicial review, and
92the matter shall be deemed ripe or final for the purposes of the
93judicial proceeding created by this section, notwithstanding the
94availability of other administrative remedies.
95     (6)
96     (c)1.  In any action filed pursuant to this section, the
97property owner is entitled to recover reasonable costs and
98attorney fees incurred by the property owner, from the
99governmental entity or entities, according to their
100proportionate share as determined by the court, from the date of
101the filing of the circuit court action, if the property owner
102prevails in the action and the court determines that the
103settlement offer, including the ripeness decision, of the
104governmental entity or entities did not constitute a bona fide
105offer to the property owner which reasonably would have resolved
106the claim, based upon the knowledge available to the
107governmental entity or entities and the property owner during
108the 90-day-notice period or the 180-day-notice period.
109     2.  In any action filed pursuant to this section, the
110governmental entity or entities are entitled to recover
111reasonable costs and attorney fees incurred by the governmental
112entity or entities from the date of the filing of the circuit
113court action, if the governmental entity or entities prevail in
114the action and the court determines that the property owner did
115not accept a bona fide settlement offer, including the ripeness
116decision, which reasonably would have resolved the claim fairly
117to the property owner if the settlement offer had been accepted
118by the property owner, based upon the knowledge available to the
119governmental entity or entities and the property owner during
120the 90-day-notice period or the 180-day-notice period.
121     3.  The determination of total reasonable costs and
122attorney fees pursuant to this paragraph shall be made by the
123court and not by the jury. Any proposed settlement offer or any
124proposed ripeness decision, except for the final written
125settlement offer or the final written ripeness decision, and any
126negotiations or rejections in regard to the formulation either
127of the settlement offer or the ripeness decision, are
128inadmissible in the subsequent proceeding established by this
129section except for the purposes of the determination pursuant to
130this paragraph.
131     Section 2.  Subsection (5) is added to section 163.3162,
132Florida Statutes, to read:
133     163.3162  Agricultural Lands and Practices Act.--
134     (5)  AMENDMENT TO LOCAL GOVERNMENT COMPREHENSIVE PLAN.--
135     (a)  The owner of a parcel of land defined as an
136agricultural enclave under s. 163.3164(33)(e)1. may apply for an
137amendment to the local government comprehensive plan pursuant to
138s. 163.3187. Such amendment is not subject to rule 9J-5.006(5),
139Florida Administrative Code, and may include land uses and
140intensities of use that are consistent with the uses and
141intensities of use of the industrial, commercial, or residential
142areas that surround the parcel. The local government shall make
143a determination regarding transmittal of such amendment within
144120 days after receipt of a complete application for the
145amendment and transmit the amendment to the state land planning
146agency for review pursuant to s. 163.3184 at the first available
147transmittal cycle. The state land planning agency may not use
148any provision of rule 9J-5.006(5), Florida Administrative Code,
149as a factor in determining compliance of an amendment under this
150paragraph.
151     (b)  In order to preserve commercial agricultural activity,
152encourage mixed-use infill development, prevent urban sprawl,
153and provide more efficient delivery of municipal services and
154facilities, the owner of a parcel of land defined as an
155agricultural enclave under s. 163.3164(33)(e)2. may apply for an
156amendment to the local government comprehensive plan pursuant to
157s. 163.3187. Such amendment is not subject to rule 9J-5.006(5),
158Florida Administrative Code, and may include land uses and
159intensities of use that are consistent with the uses and
160intensities of use of the industrial, commercial, or residential
161areas that surround the parcel.
162     1.  The local government and the owner of a parcel of land
163that is the subject of an application for an amendment under
164this paragraph shall have 180 days following the date that the
165local government receives a complete application to negotiate in
166good faith to reach consensus on the land uses and intensities
167of use that are consistent with the uses and intensities of use
168of the industrial, commercial, or residential areas that
169surround the parcel. Within 30 days after the local government's
170receipt of such an application, the local government and owner
171must agree in writing to a schedule for information submittal,
172public hearings, negotiations, and final action on the
173amendment, which schedule may thereafter be altered only with
174the written consent of the local government and the owner.
175Compliance with the schedule in the written agreement
176constitutes good faith negotiations for purposes of subparagraph
1773.
178     2.  Upon conclusion of good faith negotiations under
179subparagraph 1., regardless of whether the local government and
180owner reach consensus on the land uses and intensities of use
181that are consistent with the uses and intensities of use of the
182industrial, commercial, or residential areas that surround the
183parcel, the amendment must be transmitted to the state land
184planning agency for review pursuant to s. 163.3184. If the local
185government fails to transmit the amendment within 180 days after
186receipt of a complete application, the amendment must be
187immediately transferred to the state land planning agency for
188such review at the first available transmittal cycle. The state
189land planning agency may not use any provision of rule 9J-
1905.006(5), Florida Administrative Code, as a factor in
191determining compliance of an amendment under this paragraph.
192     3.  If the owner fails to negotiate in good faith, rule 9J-
1935.006(5), Florida Administrative Code, shall apply throughout
194the negotiation and amendment process under this paragraph.
195     (c)  Nothing within this subsection relating to
196agricultural enclaves shall preempt or replace any protection
197currently existing for any property located within the
198boundaries of the following areas:
199     1.  The Wekiva Study Area, as described in s. 369.316; or
200     2.  The Everglades Protection Area, as defined in s.
201373.4592(2).
202     Section 3.  Subsection (33) is added to section 163.3164,
203Florida Statutes, to read:
204     163.3164  Local Government Comprehensive Planning and Land
205Development Regulation Act; definitions.--As used in this act:
206     (33)  "Agricultural enclave" means an unincorporated,
207undeveloped parcel that:
208     (a)  Is owned by a single person or entity;
209     (b)  Has been in continuous use for bona fide agricultural
210purposes, as defined by s. 193.461, for a period of 5 years
211prior to the date of any comprehensive plan amendment
212application;
213     (c)  Is surrounded on at least 75 percent of its perimeter
214by:
215     1.  Property that has existing industrial, commercial, or
216residential development; or
217     2.  Property that the local government has designated, in
218the local government's comprehensive plan, zoning map, and
219future land use map, as land that is to be developed for
220industrial, commercial, or residential purposes, and at least 75
221percent of such property is existing industrial, commercial, or
222residential development;
223     (d)  Has public services, including water, wastewater,
224transportation, schools, and recreation facilities, available or
225such public services are scheduled to be provided as part of a
226financially feasible 5-year schedule of capital improvements
227that is adopted by the local government or by an alternative
228provider of local government infrastructure; and
229     (e)  Satisfies one of the following acreage criteria:
230     1.  The parcel may not exceed 640 acres; or
231     2.  The parcel may not exceed 2,560 acres.
232     Section 4.  Section 259.047, Florida Statutes, is created
233to read:
234     259.047  Acquisition of land on which an agricultural lease
235exists.--
236     (1)  When land with an existing agricultural lease is
237acquired in fee simple pursuant to this chapter or chapter 375,
238the existing agricultural lease may continue in force for the
239actual time remaining on the lease agreement. Any entity
240managing lands acquired under this section must consider
241existing agricultural leases in the development of a land
242management plan required under s. 253.034.
243     (2)  Where consistent with the purposes for which the
244property was acquired, the state or acquiring entity shall make
245reasonable efforts to keep lands in agricultural production
246which are in agricultural production at the time of acquisition.
247     Section 5.  Paragraph (a) of subsection (2) of section
248373.0361, Florida Statutes, is amended to read:
249     373.0361  Regional water supply planning.--
250     (2)  Each regional water supply plan shall be based on at
251least a 20-year planning period and shall include, but need not
252be limited to:
253     (a)  A water supply development component for each water
254supply planning region identified by the district which
255includes:
256     1.  A quantification of the water supply needs for all
257existing and future reasonable-beneficial uses within the
258planning horizon. The level-of-certainty planning goal
259associated with identifying the water supply needs of existing
260and future reasonable-beneficial uses shall be based upon
261meeting those needs for a 1-in-10-year drought event. Population
262projections used for determining public water supply needs must
263be based upon the best available data. In determining the best
264available data, the district shall consider the University of
265Florida's Bureau of Economic and Business Research (BEBR) medium
266population projections and any population projection data and
267analysis submitted by a local government pursuant to the public
268workshop described in subsection (1) if the data and analysis
269support the local government's comprehensive plan. Any
270adjustment of or deviation from the BEBR projections must be
271fully described, and the original BEBR data must be presented
272along with the adjusted data.
273     2.  A list of water supply development project options,
274including traditional and alternative water supply project
275options, from which local government, government-owned and
276privately owned utilities, regional water supply authorities,
277multijurisdictional water supply entities, self-suppliers, and
278others may choose for water supply development. In addition to
279projects listed by the district, such users may propose specific
280projects for inclusion in the list of alternative water supply
281projects. If such users propose a project to be listed as an
282alternative water supply project, the district shall determine
283whether it meets the goals of the plan, and, if so, it shall be
284included in the list. The total capacity of the projects
285included in the plan shall exceed the needs identified in
286subparagraph 1. and shall take into account water conservation
287and other demand management measures, as well as water resources
288constraints, including adopted minimum flows and levels and
289water reservations. Where the district determines it is
290appropriate, the plan should specifically identify the need for
291multijurisdictional approaches to project options that, based on
292planning level analysis, are appropriate to supply the intended
293uses and that, based on such analysis, appear to be permittable
294and financially and technically feasible. The list of water
295supply development options must contain provisions that
296recognize that alternative water supply options for agricultural
297self-suppliers are limited.
298     3.  For each project option identified in subparagraph 2.,
299the following shall be provided:
300     a.  An estimate of the amount of water to become available
301through the project.
302     b.  The timeframe in which the project option should be
303implemented and the estimated planning-level costs for capital
304investment and operating and maintaining the project.
305     c.  An analysis of funding needs and sources of possible
306funding options. For alternative water supply projects the water
307management districts shall provide funding assistance in
308accordance with s. 373.1961(3).
309     d.  Identification of the entity that should implement each
310project option and the current status of project implementation.
311     Section 6.  Section 373.2234, Florida Statutes, is amended
312to read:
313     373.2234  Preferred water supply sources.--The governing
314board of a water management district is authorized to adopt
315rules that identify preferred water supply sources for
316consumptive uses for which there is sufficient data to establish
317that a preferred source will provide a substantial new water
318supply to meet the existing and projected reasonable-beneficial
319uses of a water supply planning region identified pursuant to s.
320373.0361(1), while sustaining existing water resources and
321natural systems. At a minimum, such rules must contain a
322description of the preferred water supply source and an
323assessment of the water the preferred source is projected to
324produce. If an applicant proposes to use a preferred water
325supply source, that applicant's proposed water use is subject to
326s. 373.223(1), except that the proposed use of a preferred water
327supply source must be considered by a water management district
328when determining whether a permit applicant's proposed use of
329water is consistent with the public interest pursuant to s.
330373.223(1)(c). A consumptive use permit issued for the use of a
331preferred water supply source must be granted, when requested by
332the applicant, for at least a 20-year period and may be subject
333to the compliance reporting provisions of s. 373.236(4)(3).
334Nothing in this section shall be construed to exempt the use of
335preferred water supply sources from the provisions of ss.
336373.016(4) and 373.223(2) and (3), or be construed to provide
337that permits issued for the use of a nonpreferred water supply
338source must be issued for a duration of less than 20 years or
339that the use of a nonpreferred water supply source is not
340consistent with the public interest. Additionally, nothing in
341this section shall be interpreted to require the use of a
342preferred water supply source or to restrict or prohibit the use
343of a nonpreferred water supply source. Rules adopted by the
344governing board of a water management district to implement this
345section shall specify that the use of a preferred water supply
346source is not required and that the use of a nonpreferred water
347supply source is not restricted or prohibited.
348     Section 7.  Present subsections (2) and (3) of section
349373.236, Florida Statutes, are renumbered as subsections (3) and
350(4), respectively, present subsection (4) is renumbered as
351subsection (5) and amended, and a new subsection (2) is added to
352that section, to read:
353     373.236  Duration of permits; compliance reports.--
354     (2)  The Legislature finds that some agricultural
355landowners remain unaware of their ability to request a 20-year
356consumptive use permit under subsection (1) for initial permits
357or for renewals. Therefore, the water management districts shall
358inform agricultural applicants of this option in the application
359form.
360     (5)(4)  Permits approved for the development of alternative
361water supplies shall be granted for a term of at least 20 years.
362However, if the permittee issues bonds for the construction of
363the project, upon request of the permittee prior to the
364expiration of the permit, that permit shall be extended for such
365additional time as is required for the retirement of bonds, not
366including any refunding or refinancing of such bonds, provided
367that the governing board determines that the use will continue
368to meet the conditions for the issuance of the permit. Such a
369permit is subject to compliance reports under subsection (4)(3).
370     Section 8.  Section 373.407, Florida Statutes, is created
371to read:
372     373.407  Memorandum of agreement for an agricultural-
373related exemption.--No later than July 1, 2007, the Department
374of Agriculture and Consumer Services and each water management
375district shall enter into a memorandum of agreement under which
376the Department of Agricultural and Consumer Services shall
377assist in a determination by a water management district as to
378whether an existing or proposed activity qualifies for the
379exemption in s. 373.406(2). The memorandum of agreement shall
380provide a process by which, upon the request of a water
381management district, the Department of Agriculture and Consumer
382Services shall conduct a nonbinding review as to whether an
383existing or proposed activity qualifies for an agricultural-
384related exemption in s. 373.406(2). The memorandum of agreement
385shall provide processes and procedures by which the Department
386of Agriculture and Consumer Services shall undertake this review
387effectively and efficiently and issue a recommendation.
388     Section 9.  This act shall take effect upon becoming a law.


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