1 | The Agriculture Committee recommends the following: |
2 |
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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 |
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33 | Be It Enacted by the Legislature of the State of Florida: |
34 |
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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 |
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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. |