HB 1015

CS

CHAMBER ACTION

1	The Agriculture & Environment Appropriations Committee
2	recommends the following:
3
4	Council/Committee Substitute
5	Remove the entire bill and insert:
6	A bill to be entitled
7	An act relating to agricultural economic development;
8	amending s. 70.001, F.S.; providing a deadline for an
9	owner of agricultural land to present a claim prior to
10	filing an action against a governmental entity regarding
11	private property rights; amending s. 163.3162, F.S.;
12	providing for application for an amendment to the local
13	government comprehensive plan by the owner of land that
14	meets certain provisions of the definition of an
15	agricultural enclave; providing requirements relating to
16	such applications; exempting certain amendments from
17	specified rules of the Department of Community Affairs
18	under certain circumstances; amending s. 163.3164, F.S.;
19	defining the term "agricultural enclave" for purposes of
20	the Local Government Comprehensive Planning and Land
21	Development Regulation Act; creating s. 259.047, F.S.;
22	providing requirements relating to the purchase of land on
23	which an agricultural lease exists; amending s. 373.0361,
24	F.S.; providing for recognition that alternative water
25	supply development options for agricultural self-suppliers
26	are limited; amending s. 373.2234, F.S.; conforming a
27	cross-reference; amending s. 373.236, F.S.; requiring
28	water management districts to inform landowners of the
29	option to obtain certain consumptive use permits; creating
30	s. 373.407, F.S.; providing for memoranda of agreement
31	regarding qualification for agricultural-related
32	exemptions; providing an effective date.
33
34	Be It Enacted by the Legislature of the State of Florida:
35
36	Section 1.  Paragraphs (a) and (c) of subsection (4),
37	paragraph (a) of subsection (5), and paragraph (c) of subsection
38	(6) of section 70.001, Florida Statutes, are amended to read:
39	70.001  Private property rights protection.--
40	(4)(a)  Not less than 180 days prior to filing an action
41	under this section against a governmental entity, a property
42	owner who seeks compensation under this section must present the
43	claim in writing to the head of the governmental entity, except
44	that if the property is classified as agricultural pursuant to
45	s. 193.461, the notice period is 90 days. The property owner
46	must submit, along with the claim, a bona fide, valid appraisal
47	that supports the claim and demonstrates the loss in fair market
48	value to the real property. If the action of government is the
49	culmination of a process that involves more than one
50	governmental entity, or if a complete resolution of all relevant
51	issues, in the view of the property owner or in the view of a
52	governmental entity to whom a claim is presented, requires the
53	active participation of more than one governmental entity, the
54	property owner shall present the claim as provided in this
55	section to each of the governmental entities.
56	(c)  During the 90-day-notice period or the 180-day-notice
57	period, unless extended by agreement of the parties, the
58	governmental entity shall make a written settlement offer to
59	effectuate:
60	1.  An adjustment of land development or permit standards
61	or other provisions controlling the development or use of land.
62	2.  Increases or modifications in the density, intensity,
63	or use of areas of development.
64	3.  The transfer of developmental rights.
65	4.  Land swaps or exchanges.
66	5.  Mitigation, including payments in lieu of onsite
67	mitigation.
68	6.  Location on the least sensitive portion of the
69	property.
70	7.  Conditioning the amount of development or use
71	permitted.
72	8.  A requirement that issues be addressed on a more
73	comprehensive basis than a single proposed use or development.
74	9.  Issuance of the development order, a variance, special
75	exception, or other extraordinary relief.
76	10.  Purchase of the real property, or an interest therein,
77	by an appropriate governmental entity.
78	11.  No changes to the action of the governmental entity.
79
80	If the property owner accepts the settlement offer, the
81	governmental entity may implement the settlement offer by
82	appropriate development agreement; by issuing a variance,
83	special exception, or other extraordinary relief; or by other
84	appropriate method, subject to paragraph (d).
85	(5)(a)  During the 90-day-notice period or the 180-day-
86	notice period, unless a settlement offer is accepted by the
87	property owner, each of the governmental entities provided
88	notice pursuant to paragraph (4)(a) shall issue a written
89	ripeness decision identifying the allowable uses to which the
90	subject property may be put. The failure of the governmental
91	entity to issue a written ripeness decision during the
92	applicable 90-day-notice period or 180-day-notice period shall
93	be deemed to ripen the prior action of the governmental entity,
94	and shall operate as a ripeness decision that has been rejected
95	by the property owner. The ripeness decision, as a matter of
96	law, constitutes the last prerequisite to judicial review, and
97	the matter shall be deemed ripe or final for the purposes of the
98	judicial proceeding created by this section, notwithstanding the
99	availability of other administrative remedies.
100	(6)
101	(c)1.  In any action filed pursuant to this section, the
102	property owner is entitled to recover reasonable costs and
103	attorney fees incurred by the property owner, from the
104	governmental entity or entities, according to their
105	proportionate share as determined by the court, from the date of
106	the filing of the circuit court action, if the property owner
107	prevails in the action and the court determines that the
108	settlement offer, including the ripeness decision, of the
109	governmental entity or entities did not constitute a bona fide
110	offer to the property owner which reasonably would have resolved
111	the claim, based upon the knowledge available to the
112	governmental entity or entities and the property owner during
113	the 90-day-notice period or the 180-day-notice period.
114	2.  In any action filed pursuant to this section, the
115	governmental entity or entities are entitled to recover
116	reasonable costs and attorney fees incurred by the governmental
117	entity or entities from the date of the filing of the circuit
118	court action, if the governmental entity or entities prevail in
119	the action and the court determines that the property owner did
120	not accept a bona fide settlement offer, including the ripeness
121	decision, which reasonably would have resolved the claim fairly
122	to the property owner if the settlement offer had been accepted
123	by the property owner, based upon the knowledge available to the
124	governmental entity or entities and the property owner during
125	the 90-day-notice period or the 180-day-notice period.
126	3.  The determination of total reasonable costs and
127	attorney fees pursuant to this paragraph shall be made by the
128	court and not by the jury. Any proposed settlement offer or any
129	proposed ripeness decision, except for the final written
130	settlement offer or the final written ripeness decision, and any
131	negotiations or rejections in regard to the formulation either
132	of the settlement offer or the ripeness decision, are
133	inadmissible in the subsequent proceeding established by this
134	section except for the purposes of the determination pursuant to
135	this paragraph.
136	Section 2.  Subsection (5) is added to section 163.3162,
137	Florida Statutes, to read:
138	163.3162  Agricultural Lands and Practices Act.--
139	(5)  AMENDMENT TO LOCAL GOVERNMENT COMPREHENSIVE PLAN.--The
140	owner of a parcel of land defined as an agricultural enclave
141	under s. 163.3164(33) may apply for an amendment to the local
142	government comprehensive plan pursuant to s. 163.3187. Such
143	amendment is not subject to rule 9J-5.006(5), Florida
144	Administrative Code, and may include land uses and intensities
145	of use that are consistent with the uses and intensities of use
146	of the industrial, commercial, or residential areas that
147	surround the parcel.
148	(a)  The local government and the owner of a parcel of land
149	that is the subject of an application for an amendment shall
150	have 180 days following the date that the local government
151	receives an application to negotiate in good faith to reach
152	consensus on the land uses and intensities of use that are
153	consistent with the uses and intensities of use of the
154	industrial, commercial, or residential areas that surround the
155	parcel. Within 30 days after the local government's receipt of
156	such an application, the local government and owner must agree
157	in writing to a schedule for information submittal, public
158	hearings, negotiations, and final action on the amendment, which
159	schedule may thereafter be altered only with the written consent
160	of the local government and the owner. Compliance with the
161	schedule in the written agreement constitutes good-faith
162	negotiations for purposes of paragraph (c).
163	(b)  Upon conclusion of good-faith negotiations under
164	paragraph (a), regardless of whether the local government and
165	owner reach consensus on the land uses and intensities of use
166	that are consistent with the uses and intensities of use of the
167	industrial, commercial, or residential areas that surround the
168	parcel, the amendment must be transmitted to the state land
169	planning agency for review pursuant to s. 163.3184. If the local
170	government fails to transmit the amendment within 180 days after
171	receipt of an application, the amendment must be immediately
172	transferred to the state land planning agency for such review at
173	the first available transmittal cycle. The state land planning
174	agency may not use any provision of rule 9J-5.006(5), Florida
175	Administrative Code, as a factor in determining compliance of an
176	amendment.
177	(c)  If the owner fails to negotiate in good faith, rule
178	9J-5.006(5), Florida Administrative Code, shall apply throughout
179	the negotiation and amendment process.
180	(d)  Nothing within this subsection relating to
181	agricultural enclaves shall preempt or replace any protection
182	currently existing for any property located within the
183	boundaries of the following areas:
184	1.  The Wekiva Study Area, as described in s. 369.316; or
185	2.  The Everglades Protection Area, as defined in s.
186	373.4592(2).
187	Section 3.  Subsection (33) is added to section 163.3164,
188	Florida Statutes, to read:
189	163.3164  Local Government Comprehensive Planning and Land
190	Development Regulation Act; definitions.--As used in this act:
191	(33)  "Agricultural enclave" means an unincorporated,
192	undeveloped parcel that:
193	(a)  Is owned by a single person or entity;
194	(b)  Has been in continuous use for bona fide agricultural
195	purposes, as defined by s. 193.461, for a period of 5 years
196	prior to the date of any comprehensive plan amendment
197	application;
198	(c)  Is surrounded on at least 75 percent of its perimeter
199	by:
200	1.  Property that has existing industrial, commercial, or
201	residential development; or
202	2.  Property that the local government has designated, in
203	the local government's comprehensive plan, zoning map, and
204	future land use map, as land that is to be developed for
205	industrial, commercial, or residential purposes, and at least 75
206	percent of such property is existing industrial, commercial, or
207	residential development;
208	(d)  Has public services, including water, wastewater,
209	transportation, schools, and recreation facilities, available or
210	such public services are scheduled to be provided by the local
211	government or by an alternative provider of local government
212	infrastructure consistent with applicable concurrency provisions
213	of s. 163.3180; and
214	(e)  Does not exceed 2,560 acres; however, if the property
215	has existing or authorized residential development that will
216	result in a density at buildout of at least 1,000 residents per
217	square mile, then the area shall be determined to be urban and
218	the parcel may not exceed 5,120 acres.
219	Section 4.  Section 259.047, Florida Statutes, is created
220	to read:
221	259.047  Acquisition of land on which an agricultural lease
222	exists.--
223	(1)  When land with an existing agricultural lease is
224	acquired in fee simple pursuant to this chapter or chapter 375,
225	the existing agricultural lease may continue in force for the
226	actual time remaining on the lease agreement. Any entity
227	managing lands acquired under this section must consider
228	existing agricultural leases in the development of a land
229	management plan required under s. 253.034.
230	(2)  Where consistent with the purposes for which the
231	property was acquired, the state or acquiring entity shall make
232	reasonable efforts to keep lands in agricultural production
233	which are in agricultural production at the time of acquisition.
234	Section 5.  Paragraph (a) of subsection (2) of section
235	373.0361, Florida Statutes, is amended to read:
236	373.0361  Regional water supply planning.--
237	(2)  Each regional water supply plan shall be based on at
238	least a 20-year planning period and shall include, but need not
239	be limited to:
240	(a)  A water supply development component for each water
241	supply planning region identified by the district which
242	includes:
243	1.  A quantification of the water supply needs for all
244	existing and future reasonable-beneficial uses within the
245	planning horizon. The level-of-certainty planning goal
246	associated with identifying the water supply needs of existing
247	and future reasonable-beneficial uses shall be based upon
248	meeting those needs for a 1-in-10-year drought event. Population
249	projections used for determining public water supply needs must
250	be based upon the best available data. In determining the best
251	available data, the district shall consider the University of
252	Florida's Bureau of Economic and Business Research (BEBR) medium
253	population projections and any population projection data and
254	analysis submitted by a local government pursuant to the public
255	workshop described in subsection (1) if the data and analysis
256	support the local government's comprehensive plan. Any
257	adjustment of or deviation from the BEBR projections must be
258	fully described, and the original BEBR data must be presented
259	along with the adjusted data.
260	2.  A list of water supply development project options,
261	including traditional and alternative water supply project
262	options, from which local government, government-owned and
263	privately owned utilities, regional water supply authorities,
264	multijurisdictional water supply entities, self-suppliers, and
265	others may choose for water supply development. In addition to
266	projects listed by the district, such users may propose specific
267	projects for inclusion in the list of alternative water supply
268	projects. If such users propose a project to be listed as an
269	alternative water supply project, the district shall determine
270	whether it meets the goals of the plan, and, if so, it shall be
271	included in the list. The total capacity of the projects
272	included in the plan shall exceed the needs identified in
273	subparagraph 1. and shall take into account water conservation
274	and other demand management measures, as well as water resources
275	constraints, including adopted minimum flows and levels and
276	water reservations. Where the district determines it is
277	appropriate, the plan should specifically identify the need for
278	multijurisdictional approaches to project options that, based on
279	planning level analysis, are appropriate to supply the intended
280	uses and that, based on such analysis, appear to be permittable
281	and financially and technically feasible. The list of water
282	supply development options must contain provisions that
283	recognize that alternative water supply options for agricultural
284	self-suppliers are limited.
285	3.  For each project option identified in subparagraph 2.,
286	the following shall be provided:
287	a.  An estimate of the amount of water to become available
288	through the project.
289	b.  The timeframe in which the project option should be
290	implemented and the estimated planning-level costs for capital
291	investment and operating and maintaining the project.
292	c.  An analysis of funding needs and sources of possible
293	funding options. For alternative water supply projects the water
294	management districts shall provide funding assistance in
295	accordance with s. 373.1961(3).
296	d.  Identification of the entity that should implement each
297	project option and the current status of project implementation.
298	Section 6.  Section 373.2234, Florida Statutes, is amended
299	to read:
300	373.2234  Preferred water supply sources.--The governing
301	board of a water management district is authorized to adopt
302	rules that identify preferred water supply sources for
303	consumptive uses for which there is sufficient data to establish
304	that a preferred source will provide a substantial new water
305	supply to meet the existing and projected reasonable-beneficial
306	uses of a water supply planning region identified pursuant to s.
307	373.0361(1), while sustaining existing water resources and
308	natural systems. At a minimum, such rules must contain a
309	description of the preferred water supply source and an
310	assessment of the water the preferred source is projected to
311	produce. If an applicant proposes to use a preferred water
312	supply source, that applicant's proposed water use is subject to
313	s. 373.223(1), except that the proposed use of a preferred water
314	supply source must be considered by a water management district
315	when determining whether a permit applicant's proposed use of
316	water is consistent with the public interest pursuant to s.
317	373.223(1)(c). A consumptive use permit issued for the use of a
318	preferred water supply source must be granted, when requested by
319	the applicant, for at least a 20-year period and may be subject
320	to the compliance reporting provisions of s. 373.236(4)(3).
321	Nothing in this section shall be construed to exempt the use of
322	preferred water supply sources from the provisions of ss.
323	373.016(4) and 373.223(2) and (3), or be construed to provide
324	that permits issued for the use of a nonpreferred water supply
325	source must be issued for a duration of less than 20 years or
326	that the use of a nonpreferred water supply source is not
327	consistent with the public interest. Additionally, nothing in
328	this section shall be interpreted to require the use of a
329	preferred water supply source or to restrict or prohibit the use
330	of a nonpreferred water supply source. Rules adopted by the
331	governing board of a water management district to implement this
332	section shall specify that the use of a preferred water supply
333	source is not required and that the use of a nonpreferred water
334	supply source is not restricted or prohibited.
335	Section 7.  Present subsections (2) and (3) of section
336	373.236, Florida Statutes, are renumbered as subsections (3) and
337	(4), respectively, present subsection (4) is renumbered as
338	subsection (5) and amended, and a new subsection (2) is added to
339	that section, to read:
340	373.236  Duration of permits; compliance reports.--
341	(2)  The Legislature finds that some agricultural
342	landowners remain unaware of their ability to request a 20-year
343	consumptive use permit under subsection (1) for initial permits
344	or for renewals. Therefore, the water management districts shall
345	inform agricultural applicants of this option in the application
346	form.
347	(5)(4)  Permits approved for the development of alternative
348	water supplies shall be granted for a term of at least 20 years.
349	However, if the permittee issues bonds for the construction of
350	the project, upon request of the permittee prior to the
351	expiration of the permit, that permit shall be extended for such
352	additional time as is required for the retirement of bonds, not
353	including any refunding or refinancing of such bonds, provided
354	that the governing board determines that the use will continue
355	to meet the conditions for the issuance of the permit. Such a
356	permit is subject to compliance reports under subsection (4)(3).
357	Section 8.  Section 373.407, Florida Statutes, is created
358	to read:
359	373.407  Memorandum of agreement for an agricultural-
360	related exemption.--No later than July 1, 2007, the Department
361	of Agriculture and Consumer Services and each water management
362	district shall enter into a memorandum of agreement under which
363	the Department of Agricultural and Consumer Services shall
364	assist in a determination by a water management district as to
365	whether an existing or proposed activity qualifies for the
366	exemption in s. 373.406(2). The memorandum of agreement shall
367	provide a process by which, upon the request of a water
368	management district, the Department of Agriculture and Consumer
369	Services shall conduct a nonbinding review as to whether an
370	existing or proposed activity qualifies for an agricultural-
371	related exemption in s. 373.406(2). The memorandum of agreement
372	shall provide processes and procedures by which the Department
373	of Agriculture and Consumer Services shall undertake this review
374	effectively and efficiently and issue a recommendation.
375	Section 9.  This act shall take effect upon becoming a law.

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