HB 1015

CS

CHAMBER ACTION

1	The Agriculture Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to agricultural economic development;
7	amending s. 70.001, F.S.; providing a deadline for an
8	owner of agricultural land to present a claim prior to
9	filing an action against a governmental entity regarding
10	private property rights; amending s. 163.3162, F.S.;
11	providing for application for an amendment to the local
12	government comprehensive plan by the owner of land that
13	meets certain provisions of the definition of an
14	agricultural enclave; providing requirements relating to
15	such applications; exempting certain amendments from
16	specified rules of the Department of Community Affairs
17	under certain circumstances; amending s. 163.3164, F.S.;
18	defining the term "agricultural enclave" for purposes of
19	the Local Government Comprehensive Planning and Land
20	Development Regulation Act; creating s. 259.047, F.S.;
21	providing requirements relating to the purchase of land on
22	which an agricultural lease exists; amending s. 373.0361,
23	F.S.; providing for recognition that alternative water
24	supply development options for agricultural self-suppliers
25	are limited; amending s. 373.2234, F.S.; conforming a
26	cross-reference; amending s. 373.236, F.S.; requiring
27	water management districts to inform landowners of the
28	option to obtain certain consumptive use permits; creating
29	s. 373.407, F.S.; providing for memoranda of agreement
30	regarding qualification for agricultural-related
31	exemptions; providing an effective date.
32
33	Be It Enacted by the Legislature of the State of Florida:
34
35	Section 1.  Paragraphs (a) and (c) of subsection (4),
36	paragraph (a) of subsection (5), and paragraph (c) of subsection
37	(6) of section 70.001, Florida Statutes, are amended to read:
38	70.001  Private property rights protection.--
39	(4)(a)  Not less than 180 days prior to filing an action
40	under this section against a governmental entity, a property
41	owner who seeks compensation under this section must present the
42	claim in writing to the head of the governmental entity, except
43	that if the property is classified as agricultural pursuant to
44	s. 193.461, the notice period is 90 days. The property owner
45	must submit, along with the claim, a bona fide, valid appraisal
46	that supports the claim and demonstrates the loss in fair market
47	value to the real property. If the action of government is the
48	culmination of a process that involves more than one
49	governmental entity, or if a complete resolution of all relevant
50	issues, in the view of the property owner or in the view of a
51	governmental entity to whom a claim is presented, requires the
52	active participation of more than one governmental entity, the
53	property owner shall present the claim as provided in this
54	section to each of the governmental entities.
55	(c)  During the 90-day-notice period or the 180-day-notice
56	period, unless extended by agreement of the parties, the
57	governmental entity shall make a written settlement offer to
58	effectuate:
59	1.  An adjustment of land development or permit standards
60	or other provisions controlling the development or use of land.
61	2.  Increases or modifications in the density, intensity,
62	or use of areas of development.
63	3.  The transfer of developmental rights.
64	4.  Land swaps or exchanges.
65	5.  Mitigation, including payments in lieu of onsite
66	mitigation.
67	6.  Location on the least sensitive portion of the
68	property.
69	7.  Conditioning the amount of development or use
70	permitted.
71	8.  A requirement that issues be addressed on a more
72	comprehensive basis than a single proposed use or development.
73	9.  Issuance of the development order, a variance, special
74	exception, or other extraordinary relief.
75	10.  Purchase of the real property, or an interest therein,
76	by an appropriate governmental entity.
77	11.  No changes to the action of the governmental entity.
78
79	If the property owner accepts the settlement offer, the
80	governmental entity may implement the settlement offer by
81	appropriate development agreement; by issuing a variance,
82	special exception, or other extraordinary relief; or by other
83	appropriate method, subject to paragraph (d).
84	(5)(a)  During the 90-day-notice period or the 180-day-
85	notice period, unless a settlement offer is accepted by the
86	property owner, each of the governmental entities provided
87	notice pursuant to paragraph (4)(a) shall issue a written
88	ripeness decision identifying the allowable uses to which the
89	subject property may be put. The failure of the governmental
90	entity to issue a written ripeness decision during the
91	applicable 90-day-notice period or 180-day-notice period shall
92	be deemed to ripen the prior action of the governmental entity,
93	and shall operate as a ripeness decision that has been rejected
94	by the property owner. The ripeness decision, as a matter of
95	law, constitutes the last prerequisite to judicial review, and
96	the matter shall be deemed ripe or final for the purposes of the
97	judicial proceeding created by this section, notwithstanding the
98	availability of other administrative remedies.
99	(6)
100	(c)1.  In any action filed pursuant to this section, the
101	property owner is entitled to recover reasonable costs and
102	attorney fees incurred by the property owner, from the
103	governmental entity or entities, according to their
104	proportionate share as determined by the court, from the date of
105	the filing of the circuit court action, if the property owner
106	prevails in the action and the court determines that the
107	settlement offer, including the ripeness decision, of the
108	governmental entity or entities did not constitute a bona fide
109	offer to the property owner which reasonably would have resolved
110	the claim, based upon the knowledge available to the
111	governmental entity or entities and the property owner during
112	the 90-day-notice period or the 180-day-notice period.
113	2.  In any action filed pursuant to this section, the
114	governmental entity or entities are entitled to recover
115	reasonable costs and attorney fees incurred by the governmental
116	entity or entities from the date of the filing of the circuit
117	court action, if the governmental entity or entities prevail in
118	the action and the court determines that the property owner did
119	not accept a bona fide settlement offer, including the ripeness
120	decision, which reasonably would have resolved the claim fairly
121	to the property owner if the settlement offer had been accepted
122	by the property owner, based upon the knowledge available to the
123	governmental entity or entities and the property owner during
124	the 90-day-notice period or the 180-day-notice period.
125	3.  The determination of total reasonable costs and
126	attorney fees pursuant to this paragraph shall be made by the
127	court and not by the jury. Any proposed settlement offer or any
128	proposed ripeness decision, except for the final written
129	settlement offer or the final written ripeness decision, and any
130	negotiations or rejections in regard to the formulation either
131	of the settlement offer or the ripeness decision, are
132	inadmissible in the subsequent proceeding established by this
133	section except for the purposes of the determination pursuant to
134	this paragraph.
135	Section 2.  Subsection (5) is added to section 163.3162,
136	Florida Statutes, to read:
137	163.3162  Agricultural Lands and Practices Act.--
138	(5)  AMENDMENT TO LOCAL GOVERNMENT COMPREHENSIVE PLAN.--The
139	owner of a parcel of land defined as an agricultural enclave
140	under s. 163.3164(33) may apply for an amendment to the local
141	government comprehensive plan pursuant to s. 163.3187. Such
142	amendment is not subject to rule 9J-5.006(5), Florida
143	Administrative Code, and may include land uses and intensities
144	of use that are consistent with the uses and intensities of use
145	of the industrial, commercial, or residential areas that
146	surround the parcel.
147	(a)  The local government and the owner of a parcel of land
148	that is the subject of an application for an amendment shall
149	have 180 days following the date that the local government
150	receives an application to negotiate in good faith to reach
151	consensus on the land uses and intensities of use that are
152	consistent with the uses and intensities of use of the
153	industrial, commercial, or residential areas that surround the
154	parcel. Within 30 days after the local government's receipt of
155	such an application, the local government and owner must agree
156	in writing to a schedule for information submittal, public
157	hearings, negotiations, and final action on the amendment, which
158	schedule may thereafter be altered only with the written consent
159	of the local government and the owner. Compliance with the
160	schedule in the written agreement constitutes good-faith
161	negotiations for purposes of paragraph (c).
162	(b)  Upon conclusion of good-faith negotiations under
163	paragraph (a), regardless of whether the local government and
164	owner reach consensus on the land uses and intensities of use
165	that are consistent with the uses and intensities of use of the
166	industrial, commercial, or residential areas that surround the
167	parcel, the amendment must be transmitted to the state land
168	planning agency for review pursuant to s. 163.3184. If the local
169	government fails to transmit the amendment within 180 days after
170	receipt of an application, the amendment must be immediately
171	transferred to the state land planning agency for such review at
172	the first available transmittal cycle. The state land planning
173	agency may not use any provision of rule 9J-5.006(5), Florida
174	Administrative Code, as a factor in determining compliance of an
175	amendment.
176	(c)  If the owner fails to negotiate in good faith, rule
177	9J-5.006(5), Florida Administrative Code, shall apply throughout
178	the negotiation and amendment process.
179	(d)  Nothing within this subsection relating to
180	agricultural enclaves shall preempt or replace any protection
181	currently existing for any property located within the
182	boundaries of the following areas:
183	1.  The Wekiva Study Area, as described in s. 369.316; or
184	2.  The Everglades Protection Area, as defined in s.
185	373.4592(2).
186	Section 3.  Subsection (33) is added to section 163.3164,
187	Florida Statutes, to read:
188	163.3164  Local Government Comprehensive Planning and Land
189	Development Regulation Act; definitions.--As used in this act:
190	(33)  "Agricultural enclave" means an unincorporated,
191	undeveloped parcel that:
192	(a)  Is owned by a single person or entity;
193	(b)  Has been in continuous use for bona fide agricultural
194	purposes, as defined by s. 193.461, for a period of 5 years
195	prior to the date of any comprehensive plan amendment
196	application;
197	(c)  Is surrounded on at least 75 percent of its perimeter
198	by:
199	1.  Property that has existing industrial, commercial, or
200	residential development; or
201	2.  Property that the local government has designated, in
202	the local government's comprehensive plan, zoning map, and
203	future land use map, as land that is to be developed for
204	industrial, commercial, or residential purposes, and at least 75
205	percent of such property is existing industrial, commercial, or
206	residential development;
207	(d)  Has public services, including water, wastewater,
208	transportation, schools, and recreation facilities, available or
209	such public services are scheduled to be provided by the local
210	government or by an alternative provider of local government
211	infrastructure consistent with applicable concurrency provisions
212	of s. 163.3180; and
213	(e)  Does not exceed 2,560 acres; however, if the property
214	has been determined to be urban or suburban by the state land
215	planning agency, the parcel may not exceed 5,120 acres.
216	Section 4.  Section 259.047, Florida Statutes, is created
217	to read:
218	259.047  Acquisition of land on which an agricultural lease
219	exists.--
220	(1)  When land with an existing agricultural lease is
221	acquired in fee simple pursuant to this chapter or chapter 375,
222	the existing agricultural lease may continue in force for the
223	actual time remaining on the lease agreement. Any entity
224	managing lands acquired under this section must consider
225	existing agricultural leases in the development of a land
226	management plan required under s. 253.034.
227	(2)  Where consistent with the purposes for which the
228	property was acquired, the state or acquiring entity shall make
229	reasonable efforts to keep lands in agricultural production
230	which are in agricultural production at the time of acquisition.
231	Section 5.  Paragraph (a) of subsection (2) of section
232	373.0361, Florida Statutes, is amended to read:
233	373.0361  Regional water supply planning.--
234	(2)  Each regional water supply plan shall be based on at
235	least a 20-year planning period and shall include, but need not
236	be limited to:
237	(a)  A water supply development component for each water
238	supply planning region identified by the district which
239	includes:
240	1.  A quantification of the water supply needs for all
241	existing and future reasonable-beneficial uses within the
242	planning horizon. The level-of-certainty planning goal
243	associated with identifying the water supply needs of existing
244	and future reasonable-beneficial uses shall be based upon
245	meeting those needs for a 1-in-10-year drought event. Population
246	projections used for determining public water supply needs must
247	be based upon the best available data. In determining the best
248	available data, the district shall consider the University of
249	Florida's Bureau of Economic and Business Research (BEBR) medium
250	population projections and any population projection data and
251	analysis submitted by a local government pursuant to the public
252	workshop described in subsection (1) if the data and analysis
253	support the local government's comprehensive plan. Any
254	adjustment of or deviation from the BEBR projections must be
255	fully described, and the original BEBR data must be presented
256	along with the adjusted data.
257	2.  A list of water supply development project options,
258	including traditional and alternative water supply project
259	options, from which local government, government-owned and
260	privately owned utilities, regional water supply authorities,
261	multijurisdictional water supply entities, self-suppliers, and
262	others may choose for water supply development. In addition to
263	projects listed by the district, such users may propose specific
264	projects for inclusion in the list of alternative water supply
265	projects. If such users propose a project to be listed as an
266	alternative water supply project, the district shall determine
267	whether it meets the goals of the plan, and, if so, it shall be
268	included in the list. The total capacity of the projects
269	included in the plan shall exceed the needs identified in
270	subparagraph 1. and shall take into account water conservation
271	and other demand management measures, as well as water resources
272	constraints, including adopted minimum flows and levels and
273	water reservations. Where the district determines it is
274	appropriate, the plan should specifically identify the need for
275	multijurisdictional approaches to project options that, based on
276	planning level analysis, are appropriate to supply the intended
277	uses and that, based on such analysis, appear to be permittable
278	and financially and technically feasible. The list of water
279	supply development options must contain provisions that
280	recognize that alternative water supply options for agricultural
281	self-suppliers are limited.
282	3.  For each project option identified in subparagraph 2.,
283	the following shall be provided:
284	a.  An estimate of the amount of water to become available
285	through the project.
286	b.  The timeframe in which the project option should be
287	implemented and the estimated planning-level costs for capital
288	investment and operating and maintaining the project.
289	c.  An analysis of funding needs and sources of possible
290	funding options. For alternative water supply projects the water
291	management districts shall provide funding assistance in
292	accordance with s. 373.1961(3).
293	d.  Identification of the entity that should implement each
294	project option and the current status of project implementation.
295	Section 6.  Section 373.2234, Florida Statutes, is amended
296	to read:
297	373.2234  Preferred water supply sources.--The governing
298	board of a water management district is authorized to adopt
299	rules that identify preferred water supply sources for
300	consumptive uses for which there is sufficient data to establish
301	that a preferred source will provide a substantial new water
302	supply to meet the existing and projected reasonable-beneficial
303	uses of a water supply planning region identified pursuant to s.
304	373.0361(1), while sustaining existing water resources and
305	natural systems. At a minimum, such rules must contain a
306	description of the preferred water supply source and an
307	assessment of the water the preferred source is projected to
308	produce. If an applicant proposes to use a preferred water
309	supply source, that applicant's proposed water use is subject to
310	s. 373.223(1), except that the proposed use of a preferred water
311	supply source must be considered by a water management district
312	when determining whether a permit applicant's proposed use of
313	water is consistent with the public interest pursuant to s.
314	373.223(1)(c). A consumptive use permit issued for the use of a
315	preferred water supply source must be granted, when requested by
316	the applicant, for at least a 20-year period and may be subject
317	to the compliance reporting provisions of s. 373.236(4)(3).
318	Nothing in this section shall be construed to exempt the use of
319	preferred water supply sources from the provisions of ss.
320	373.016(4) and 373.223(2) and (3), or be construed to provide
321	that permits issued for the use of a nonpreferred water supply
322	source must be issued for a duration of less than 20 years or
323	that the use of a nonpreferred water supply source is not
324	consistent with the public interest. Additionally, nothing in
325	this section shall be interpreted to require the use of a
326	preferred water supply source or to restrict or prohibit the use
327	of a nonpreferred water supply source. Rules adopted by the
328	governing board of a water management district to implement this
329	section shall specify that the use of a preferred water supply
330	source is not required and that the use of a nonpreferred water
331	supply source is not restricted or prohibited.
332	Section 7.  Present subsections (2) and (3) of section
333	373.236, Florida Statutes, are renumbered as subsections (3) and
334	(4), respectively, present subsection (4) is renumbered as
335	subsection (5) and amended, and a new subsection (2) is added to
336	that section, to read:
337	373.236  Duration of permits; compliance reports.--
338	(2)  The Legislature finds that some agricultural
339	landowners remain unaware of their ability to request a 20-year
340	consumptive use permit under subsection (1) for initial permits
341	or for renewals. Therefore, the water management districts shall
342	inform agricultural applicants of this option in the application
343	form.
344	(5)(4)  Permits approved for the development of alternative
345	water supplies shall be granted for a term of at least 20 years.
346	However, if the permittee issues bonds for the construction of
347	the project, upon request of the permittee prior to the
348	expiration of the permit, that permit shall be extended for such
349	additional time as is required for the retirement of bonds, not
350	including any refunding or refinancing of such bonds, provided
351	that the governing board determines that the use will continue
352	to meet the conditions for the issuance of the permit. Such a
353	permit is subject to compliance reports under subsection (4)(3).
354	Section 8.  Section 373.407, Florida Statutes, is created
355	to read:
356	373.407  Memorandum of agreement for an agricultural-
357	related exemption.--No later than July 1, 2007, the Department
358	of Agriculture and Consumer Services and each water management
359	district shall enter into a memorandum of agreement under which
360	the Department of Agricultural and Consumer Services shall
361	assist in a determination by a water management district as to
362	whether an existing or proposed activity qualifies for the
363	exemption in s. 373.406(2). The memorandum of agreement shall
364	provide a process by which, upon the request of a water
365	management district, the Department of Agriculture and Consumer
366	Services shall conduct a nonbinding review as to whether an
367	existing or proposed activity qualifies for an agricultural-
368	related exemption in s. 373.406(2). The memorandum of agreement
369	shall provide processes and procedures by which the Department
370	of Agriculture and Consumer Services shall undertake this review
371	effectively and efficiently and issue a recommendation.
372	Section 9.  This act shall take effect upon becoming a law.

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