HB 1015CS

CHAMBER ACTION



1The State Resources Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to agricultural economic development;
7amending s. 70.001, F.S.; providing a deadline for an
8owner of agricultural land to present a claim prior to
9filing an action against a governmental entity regarding
10private property rights; amending s. 163.3162, F.S.;
11providing for application for an amendment to the local
12government comprehensive plan by the owner of land that
13meets certain provisions of the definition of an
14agricultural enclave; providing requirements relating to
15such applications; exempting certain amendments from
16specified rules of the Department of Community Affairs
17under certain circumstances; amending s. 163.3164, F.S.;
18defining the term "agricultural enclave" for purposes of
19the Local Government Comprehensive Planning and Land
20Development Regulation Act; creating s. 259.047, F.S.;
21providing requirements relating to the purchase of land on
22which an agricultural lease exists; amending s. 373.0361,
23F.S.; providing for recognition that alternative water
24supply development options for agricultural self-suppliers
25are limited; amending s. 373.2234, F.S.; conforming a
26cross-reference; amending s. 373.236, F.S.; requiring
27water management districts to inform landowners of the
28option to obtain certain consumptive use permits; creating
29s. 373.407, F.S.; providing for memoranda of agreement
30regarding qualification for agricultural-related
31exemptions; providing an effective date.
32
33Be It Enacted by the Legislature of the State of Florida:
34
35     Section 1.  Paragraphs (a) and (c) of subsection (4),
36paragraph (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
40under this section against a governmental entity, a property
41owner who seeks compensation under this section must present the
42claim in writing to the head of the governmental entity, except
43that if the property is classified as agricultural pursuant to
44s. 193.461, the notice period is 90 days. The property owner
45must submit, along with the claim, a bona fide, valid appraisal
46that supports the claim and demonstrates the loss in fair market
47value to the real property. If the action of government is the
48culmination of a process that involves more than one
49governmental entity, or if a complete resolution of all relevant
50issues, in the view of the property owner or in the view of a
51governmental entity to whom a claim is presented, requires the
52active participation of more than one governmental entity, the
53property owner shall present the claim as provided in this
54section to each of the governmental entities.
55     (c)  During the 90-day-notice period or the 180-day-notice
56period, unless extended by agreement of the parties, the
57governmental entity shall make a written settlement offer to
58effectuate:
59     1.  An adjustment of land development or permit standards
60or other provisions controlling the development or use of land.
61     2.  Increases or modifications in the density, intensity,
62or 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
66mitigation.
67     6.  Location on the least sensitive portion of the
68property.
69     7.  Conditioning the amount of development or use
70permitted.
71     8.  A requirement that issues be addressed on a more
72comprehensive basis than a single proposed use or development.
73     9.  Issuance of the development order, a variance, special
74exception, or other extraordinary relief.
75     10.  Purchase of the real property, or an interest therein,
76by an appropriate governmental entity.
77     11.  No changes to the action of the governmental entity.
78
79If the property owner accepts the settlement offer, the
80governmental entity may implement the settlement offer by
81appropriate development agreement; by issuing a variance,
82special exception, or other extraordinary relief; or by other
83appropriate method, subject to paragraph (d).
84     (5)(a)  During the 90-day-notice period or the 180-day-
85notice period, unless a settlement offer is accepted by the
86property owner, each of the governmental entities provided
87notice pursuant to paragraph (4)(a) shall issue a written
88ripeness decision identifying the allowable uses to which the
89subject property may be put. The failure of the governmental
90entity to issue a written ripeness decision during the
91applicable 90-day-notice period or 180-day-notice period shall
92be deemed to ripen the prior action of the governmental entity,
93and shall operate as a ripeness decision that has been rejected
94by the property owner. The ripeness decision, as a matter of
95law, constitutes the last prerequisite to judicial review, and
96the matter shall be deemed ripe or final for the purposes of the
97judicial proceeding created by this section, notwithstanding the
98availability of other administrative remedies.
99     (6)
100     (c)1.  In any action filed pursuant to this section, the
101property owner is entitled to recover reasonable costs and
102attorney fees incurred by the property owner, from the
103governmental entity or entities, according to their
104proportionate share as determined by the court, from the date of
105the filing of the circuit court action, if the property owner
106prevails in the action and the court determines that the
107settlement offer, including the ripeness decision, of the
108governmental entity or entities did not constitute a bona fide
109offer to the property owner which reasonably would have resolved
110the claim, based upon the knowledge available to the
111governmental entity or entities and the property owner during
112the 90-day-notice period or the 180-day-notice period.
113     2.  In any action filed pursuant to this section, the
114governmental entity or entities are entitled to recover
115reasonable costs and attorney fees incurred by the governmental
116entity or entities from the date of the filing of the circuit
117court action, if the governmental entity or entities prevail in
118the action and the court determines that the property owner did
119not accept a bona fide settlement offer, including the ripeness
120decision, which reasonably would have resolved the claim fairly
121to the property owner if the settlement offer had been accepted
122by the property owner, based upon the knowledge available to the
123governmental entity or entities and the property owner during
124the 90-day-notice period or the 180-day-notice period.
125     3.  The determination of total reasonable costs and
126attorney fees pursuant to this paragraph shall be made by the
127court and not by the jury. Any proposed settlement offer or any
128proposed ripeness decision, except for the final written
129settlement offer or the final written ripeness decision, and any
130negotiations or rejections in regard to the formulation either
131of the settlement offer or the ripeness decision, are
132inadmissible in the subsequent proceeding established by this
133section except for the purposes of the determination pursuant to
134this paragraph.
135     Section 2.  Subsection (5) is added to section 163.3162,
136Florida Statutes, to read:
137     163.3162  Agricultural Lands and Practices Act.--
138     (5)  AMENDMENT TO LOCAL GOVERNMENT COMPREHENSIVE PLAN.--The
139owner of a parcel of land defined as an agricultural enclave
140under s. 163.3164(33) may apply for an amendment to the local
141government comprehensive plan pursuant to s. 163.3187. Such
142amendment is not subject to rule 9J-5.006(5), Florida
143Administrative Code, and may include land uses and intensities
144of use that are consistent with the uses and intensities of use
145of the industrial, commercial, or residential areas that
146surround the parcel. Each application for a comprehensive plan
147amendment under this subsection for a parcel larger than 640
148acres must include appropriate new urbanism concepts such as
149clustering, mixed-use development, the creation of rural village
150and city centers, and the transfer of development rights in
151order to discourage urban sprawl while protecting landowner
152rights.
153     (a)  The local government and the owner of a parcel of land
154that is the subject of an application for an amendment shall
155have 180 days following the date that the local government
156receives a complete application to negotiate in good faith to
157reach consensus on the land uses and intensities of use that are
158consistent with the uses and intensities of use of the
159industrial, commercial, or residential areas that surround the
160parcel. Within 30 days after the local government's receipt of
161such an application, the local government and owner must agree
162in writing to a schedule for information submittal, public
163hearings, negotiations, and final action on the amendment, which
164schedule may thereafter be altered only with the written consent
165of the local government and the owner. Compliance with the
166schedule in the written agreement constitutes good-faith
167negotiations for purposes of paragraph (c).
168     (b)  Upon conclusion of good-faith negotiations under
169paragraph (a), regardless of whether the local government and
170owner reach consensus on the land uses and intensities of use
171that are consistent with the uses and intensities of use of the
172industrial, commercial, or residential areas that surround the
173parcel, the amendment must be transmitted to the state land
174planning agency for review pursuant to s. 163.3184. If the local
175government fails to transmit the amendment within 180 days after
176receipt of a complete application, the amendment must be
177immediately transferred to the state land planning agency for
178such review at the first available transmittal cycle. The state
179land planning agency may not use any provision of rule 9J-
1805.006(5), Florida Administrative Code, as a factor in
181determining compliance of an amendment.
182     (c)  If the owner fails to negotiate in good faith, rule
1839J-5.006(5), Florida Administrative Code, shall apply throughout
184the negotiation and amendment process.
185     (d)  Nothing within this subsection relating to
186agricultural enclaves shall preempt or replace any protection
187currently existing for any property located within the
188boundaries of the following areas:
189     1.  The Wekiva Study Area, as described in s. 369.316; or
190     2.  The Everglades Protection Area, as defined in s.
191373.4592(2).
192     Section 3.  Subsection (33) is added to section 163.3164,
193Florida Statutes, to read:
194     163.3164  Local Government Comprehensive Planning and Land
195Development Regulation Act; definitions.--As used in this act:
196     (33)  "Agricultural enclave" means an unincorporated,
197undeveloped parcel that:
198     (a)  Is owned by a single person or entity;
199     (b)  Has been in continuous use for bona fide agricultural
200purposes, as defined by s. 193.461, for a period of 5 years
201prior to the date of any comprehensive plan amendment
202application;
203     (c)  Is surrounded on at least 75 percent of its perimeter
204by:
205     1.  Property that has existing industrial, commercial, or
206residential development; or
207     2.  Property that the local government has designated, in
208the local government's comprehensive plan, zoning map, and
209future land use map, as land that is to be developed for
210industrial, commercial, or residential purposes, and at least 75
211percent of such property is existing industrial, commercial, or
212residential development;
213     (d)  Has public services, including water, wastewater,
214transportation, schools, and recreation facilities, available or
215such public services are scheduled in the capital improvement
216element to be provided by the local government or can be
217provided by an alternative provider of local government
218infrastructure in order to ensure consistency with applicable
219concurrency provisions of s. 163.3180; and
220     (e)  Does not exceed 2,560 acres; however, if the property
221is surrounded by existing or authorized residential development
222that will result in a density at buildout of at least 1,000
223residents per square mile, then the area shall be determined to
224be urban and the parcel may not exceed 5,120 acres.
225     Section 4.  Section 259.047, Florida Statutes, is created
226to read:
227     259.047  Acquisition of land on which an agricultural lease
228exists.--
229     (1)  When land with an existing agricultural lease is
230acquired in fee simple pursuant to this chapter or chapter 375,
231the existing agricultural lease may continue in force for the
232actual time remaining on the lease agreement. Any entity
233managing lands acquired under this section must consider
234existing agricultural leases in the development of a land
235management plan required under s. 253.034.
236     (2)  Where consistent with the purposes for which the
237property was acquired, the state or acquiring entity shall make
238reasonable efforts to keep lands in agricultural production
239which are in agricultural production at the time of acquisition.
240     Section 5.  Paragraph (a) of subsection (2) of section
241373.0361, Florida Statutes, is amended to read:
242     373.0361  Regional water supply planning.--
243     (2)  Each regional water supply plan shall be based on at
244least a 20-year planning period and shall include, but need not
245be limited to:
246     (a)  A water supply development component for each water
247supply planning region identified by the district which
248includes:
249     1.  A quantification of the water supply needs for all
250existing and future reasonable-beneficial uses within the
251planning horizon. The level-of-certainty planning goal
252associated with identifying the water supply needs of existing
253and future reasonable-beneficial uses shall be based upon
254meeting those needs for a 1-in-10-year drought event. Population
255projections used for determining public water supply needs must
256be based upon the best available data. In determining the best
257available data, the district shall consider the University of
258Florida's Bureau of Economic and Business Research (BEBR) medium
259population projections and any population projection data and
260analysis submitted by a local government pursuant to the public
261workshop described in subsection (1) if the data and analysis
262support the local government's comprehensive plan. Any
263adjustment of or deviation from the BEBR projections must be
264fully described, and the original BEBR data must be presented
265along with the adjusted data.
266     2.  A list of water supply development project options,
267including traditional and alternative water supply project
268options, from which local government, government-owned and
269privately owned utilities, regional water supply authorities,
270multijurisdictional water supply entities, self-suppliers, and
271others may choose for water supply development. In addition to
272projects listed by the district, such users may propose specific
273projects for inclusion in the list of alternative water supply
274projects. If such users propose a project to be listed as an
275alternative water supply project, the district shall determine
276whether it meets the goals of the plan, and, if so, it shall be
277included in the list. The total capacity of the projects
278included in the plan shall exceed the needs identified in
279subparagraph 1. and shall take into account water conservation
280and other demand management measures, as well as water resources
281constraints, including adopted minimum flows and levels and
282water reservations. Where the district determines it is
283appropriate, the plan should specifically identify the need for
284multijurisdictional approaches to project options that, based on
285planning level analysis, are appropriate to supply the intended
286uses and that, based on such analysis, appear to be permittable
287and financially and technically feasible. The list of water
288supply development options must contain provisions that
289recognize that alternative water supply options for agricultural
290self-suppliers are limited.
291     3.  For each project option identified in subparagraph 2.,
292the following shall be provided:
293     a.  An estimate of the amount of water to become available
294through the project.
295     b.  The timeframe in which the project option should be
296implemented and the estimated planning-level costs for capital
297investment and operating and maintaining the project.
298     c.  An analysis of funding needs and sources of possible
299funding options. For alternative water supply projects the water
300management districts shall provide funding assistance in
301accordance with s. 373.1961(3).
302     d.  Identification of the entity that should implement each
303project option and the current status of project implementation.
304     Section 6.  Section 373.2234, Florida Statutes, is amended
305to read:
306     373.2234  Preferred water supply sources.--The governing
307board of a water management district is authorized to adopt
308rules that identify preferred water supply sources for
309consumptive uses for which there is sufficient data to establish
310that a preferred source will provide a substantial new water
311supply to meet the existing and projected reasonable-beneficial
312uses of a water supply planning region identified pursuant to s.
313373.0361(1), while sustaining existing water resources and
314natural systems. At a minimum, such rules must contain a
315description of the preferred water supply source and an
316assessment of the water the preferred source is projected to
317produce. If an applicant proposes to use a preferred water
318supply source, that applicant's proposed water use is subject to
319s. 373.223(1), except that the proposed use of a preferred water
320supply source must be considered by a water management district
321when determining whether a permit applicant's proposed use of
322water is consistent with the public interest pursuant to s.
323373.223(1)(c). A consumptive use permit issued for the use of a
324preferred water supply source must be granted, when requested by
325the applicant, for at least a 20-year period and may be subject
326to the compliance reporting provisions of s. 373.236(4)(3).
327Nothing in this section shall be construed to exempt the use of
328preferred water supply sources from the provisions of ss.
329373.016(4) and 373.223(2) and (3), or be construed to provide
330that permits issued for the use of a nonpreferred water supply
331source must be issued for a duration of less than 20 years or
332that the use of a nonpreferred water supply source is not
333consistent with the public interest. Additionally, nothing in
334this section shall be interpreted to require the use of a
335preferred water supply source or to restrict or prohibit the use
336of a nonpreferred water supply source. Rules adopted by the
337governing board of a water management district to implement this
338section shall specify that the use of a preferred water supply
339source is not required and that the use of a nonpreferred water
340supply source is not restricted or prohibited.
341     Section 7.  Present subsections (2) and (3) of section
342373.236, Florida Statutes, are renumbered as subsections (3) and
343(4), respectively, present subsection (4) is renumbered as
344subsection (5) and amended, and a new subsection (2) is added to
345that section, to read:
346     373.236  Duration of permits; compliance reports.--
347     (2)  The Legislature finds that some agricultural
348landowners remain unaware of their ability to request a 20-year
349consumptive use permit under subsection (1) for initial permits
350or for renewals. Therefore, the water management districts shall
351inform agricultural applicants of this option in the application
352form.
353     (5)(4)  Permits approved for the development of alternative
354water supplies shall be granted for a term of at least 20 years.
355However, if the permittee issues bonds for the construction of
356the project, upon request of the permittee prior to the
357expiration of the permit, that permit shall be extended for such
358additional time as is required for the retirement of bonds, not
359including any refunding or refinancing of such bonds, provided
360that the governing board determines that the use will continue
361to meet the conditions for the issuance of the permit. Such a
362permit is subject to compliance reports under subsection (4)(3).
363     Section 8.  Section 373.407, Florida Statutes, is created
364to read:
365     373.407  Memorandum of agreement for an agricultural-
366related exemption.--No later than July 1, 2007, the Department
367of Agriculture and Consumer Services and each water management
368district shall enter into a memorandum of agreement under which
369the Department of Agricultural and Consumer Services shall
370assist in a determination by a water management district as to
371whether an existing or proposed activity qualifies for the
372exemption in s. 373.406(2). The memorandum of agreement shall
373provide a process by which, upon the request of a water
374management district, the Department of Agriculture and Consumer
375Services shall conduct a nonbinding review as to whether an
376existing or proposed activity qualifies for an agricultural-
377related exemption in s. 373.406(2). The memorandum of agreement
378shall provide processes and procedures by which the Department
379of Agriculture and Consumer Services shall undertake this review
380effectively and efficiently and issue a recommendation.
381     Section 9.  This act shall take effect upon becoming a law.


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