1 | A bill to be entitled |
2 | An act relating to agricultural economic development; |
3 | amending s. 70.001, F.S.; providing a deadline for an |
4 | owner of agricultural land to present a claim prior to |
5 | filing an action against a governmental entity regarding |
6 | private property rights; amending s. 163.3162, F.S.; |
7 | providing for application for an amendment to the local |
8 | government comprehensive plan by the owner of land that |
9 | meets certain provisions of the definition of an |
10 | agricultural enclave; providing requirements relating to |
11 | such applications; exempting certain amendments from |
12 | specified rules of the Department of Community Affairs |
13 | under certain circumstances; amending s. 163.3164, F.S.; |
14 | defining the term "agricultural enclave" for purposes of |
15 | the Local Government Comprehensive Planning and Land |
16 | Development Regulation Act; creating s. 259.047, F.S.; |
17 | providing requirements relating to the purchase of land on |
18 | which an agricultural lease exists; amending s. 373.0361, |
19 | F.S.; providing for recognition that alternative water |
20 | supply development options for agricultural self-suppliers |
21 | are limited; amending s. 373.2234, F.S.; conforming a |
22 | cross-reference; amending s. 373.236, F.S.; requiring |
23 | water management districts to inform landowners of the |
24 | option to obtain certain consumptive use permits; creating |
25 | s. 373.407, F.S.; providing for memoranda of agreement |
26 | regarding qualification for agricultural-related |
27 | exemptions; providing an effective date. |
28 |
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29 | Be It Enacted by the Legislature of the State of Florida: |
30 |
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31 | Section 1. Paragraphs (a) and (c) of subsection (4), |
32 | paragraph (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 |
36 | under this section against a governmental entity, a property |
37 | owner who seeks compensation under this section must present the |
38 | claim in writing to the head of the governmental entity, except |
39 | that if the property is classified as agricultural pursuant to |
40 | s. 193.461, the notice period is 90 days. The property owner |
41 | must submit, along with the claim, a bona fide, valid appraisal |
42 | that supports the claim and demonstrates the loss in fair market |
43 | value to the real property. If the action of government is the |
44 | culmination of a process that involves more than one |
45 | governmental entity, or if a complete resolution of all relevant |
46 | issues, in the view of the property owner or in the view of a |
47 | governmental entity to whom a claim is presented, requires the |
48 | active participation of more than one governmental entity, the |
49 | property owner shall present the claim as provided in this |
50 | section to each of the governmental entities. |
51 | (c) During the 90-day-notice period or the 180-day-notice |
52 | period, unless extended by agreement of the parties, the |
53 | governmental entity shall make a written settlement offer to |
54 | effectuate: |
55 | 1. An adjustment of land development or permit standards |
56 | or other provisions controlling the development or use of land. |
57 | 2. Increases or modifications in the density, intensity, |
58 | or 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 |
62 | mitigation. |
63 | 6. Location on the least sensitive portion of the |
64 | property. |
65 | 7. Conditioning the amount of development or use |
66 | permitted. |
67 | 8. A requirement that issues be addressed on a more |
68 | comprehensive basis than a single proposed use or development. |
69 | 9. Issuance of the development order, a variance, special |
70 | exception, or other extraordinary relief. |
71 | 10. Purchase of the real property, or an interest therein, |
72 | by an appropriate governmental entity. |
73 | 11. No changes to the action of the governmental entity. |
74 |
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75 | If the property owner accepts the settlement offer, the |
76 | governmental entity may implement the settlement offer by |
77 | appropriate development agreement; by issuing a variance, |
78 | special exception, or other extraordinary relief; or by other |
79 | appropriate method, subject to paragraph (d). |
80 | (5)(a) During the 90-day-notice period or the 180-day- |
81 | notice period, unless a settlement offer is accepted by the |
82 | property owner, each of the governmental entities provided |
83 | notice pursuant to paragraph (4)(a) shall issue a written |
84 | ripeness decision identifying the allowable uses to which the |
85 | subject property may be put. The failure of the governmental |
86 | entity to issue a written ripeness decision during the |
87 | applicable 90-day-notice period or 180-day-notice period shall |
88 | be deemed to ripen the prior action of the governmental entity, |
89 | and shall operate as a ripeness decision that has been rejected |
90 | by the property owner. The ripeness decision, as a matter of |
91 | law, constitutes the last prerequisite to judicial review, and |
92 | the matter shall be deemed ripe or final for the purposes of the |
93 | judicial proceeding created by this section, notwithstanding the |
94 | availability of other administrative remedies. |
95 | (6) |
96 | (c)1. In any action filed pursuant to this section, the |
97 | property owner is entitled to recover reasonable costs and |
98 | attorney fees incurred by the property owner, from the |
99 | governmental entity or entities, according to their |
100 | proportionate share as determined by the court, from the date of |
101 | the filing of the circuit court action, if the property owner |
102 | prevails in the action and the court determines that the |
103 | settlement offer, including the ripeness decision, of the |
104 | governmental entity or entities did not constitute a bona fide |
105 | offer to the property owner which reasonably would have resolved |
106 | the claim, based upon the knowledge available to the |
107 | governmental entity or entities and the property owner during |
108 | the 90-day-notice period or the 180-day-notice period. |
109 | 2. In any action filed pursuant to this section, the |
110 | governmental entity or entities are entitled to recover |
111 | reasonable costs and attorney fees incurred by the governmental |
112 | entity or entities from the date of the filing of the circuit |
113 | court action, if the governmental entity or entities prevail in |
114 | the action and the court determines that the property owner did |
115 | not accept a bona fide settlement offer, including the ripeness |
116 | decision, which reasonably would have resolved the claim fairly |
117 | to the property owner if the settlement offer had been accepted |
118 | by the property owner, based upon the knowledge available to the |
119 | governmental entity or entities and the property owner during |
120 | the 90-day-notice period or the 180-day-notice period. |
121 | 3. The determination of total reasonable costs and |
122 | attorney fees pursuant to this paragraph shall be made by the |
123 | court and not by the jury. Any proposed settlement offer or any |
124 | proposed ripeness decision, except for the final written |
125 | settlement offer or the final written ripeness decision, and any |
126 | negotiations or rejections in regard to the formulation either |
127 | of the settlement offer or the ripeness decision, are |
128 | inadmissible in the subsequent proceeding established by this |
129 | section except for the purposes of the determination pursuant to |
130 | this paragraph. |
131 | Section 2. Subsection (5) is added to section 163.3162, |
132 | Florida Statutes, to read: |
133 | 163.3162 Agricultural Lands and Practices Act.-- |
134 | (5) AMENDMENT TO LOCAL GOVERNMENT COMPREHENSIVE PLAN.--The |
135 | owner of a parcel of land defined as an agricultural enclave |
136 | under s. 163.3164(33) may apply for an amendment to the local |
137 | government comprehensive plan pursuant to s. 163.3187. Such |
138 | amendment is not subject to rule 9J-5.006(5), Florida |
139 | Administrative Code, and may include land uses and intensities |
140 | of use that are consistent with the uses and intensities of use |
141 | of the industrial, commercial, or residential areas that |
142 | surround the parcel. Each application for a comprehensive plan |
143 | amendment under this subsection for a parcel larger than 640 |
144 | acres must include appropriate new urbanism concepts such as |
145 | clustering, mixed-use development, the creation of rural village |
146 | and city centers, and the transfer of development rights in |
147 | order to discourage urban sprawl while protecting landowner |
148 | rights. |
149 | (a) The local government and the owner of a parcel of land |
150 | that is the subject of an application for an amendment shall |
151 | have 180 days following the date that the local government |
152 | receives a complete application to negotiate in good faith to |
153 | reach consensus on the land uses and intensities of use that are |
154 | consistent with the uses and intensities of use of the |
155 | industrial, commercial, or residential areas that surround the |
156 | parcel. Within 30 days after the local government's receipt of |
157 | such an application, the local government and owner must agree |
158 | in writing to a schedule for information submittal, public |
159 | hearings, negotiations, and final action on the amendment, which |
160 | schedule may thereafter be altered only with the written consent |
161 | of the local government and the owner. Compliance with the |
162 | schedule in the written agreement constitutes good-faith |
163 | negotiations for purposes of paragraph (c). |
164 | (b) Upon conclusion of good-faith negotiations under |
165 | paragraph (a), regardless of whether the local government and |
166 | owner reach consensus on the land uses and intensities of use |
167 | that are consistent with the uses and intensities of use of the |
168 | industrial, commercial, or residential areas that surround the |
169 | parcel, the amendment must be transmitted to the state land |
170 | planning agency for review pursuant to s. 163.3184. If the local |
171 | government fails to transmit the amendment within 180 days after |
172 | receipt of a complete application, the amendment must be |
173 | immediately transferred to the state land planning agency for |
174 | such review at the first available transmittal cycle. The state |
175 | land planning agency may not use any provision of rule 9J- |
176 | 5.006(5), Florida Administrative Code, as a factor in |
177 | determining compliance of an amendment. |
178 | (c) If the owner fails to negotiate in good faith, rule |
179 | 9J-5.006(5), Florida Administrative Code, shall apply throughout |
180 | the negotiation and amendment process. |
181 | (d) Nothing within this subsection relating to |
182 | agricultural enclaves shall preempt or replace any protection |
183 | currently existing for any property located within the |
184 | boundaries of the following areas: |
185 | 1. The Wekiva Study Area, as described in s. 369.316; or |
186 | 2. The Everglades Protection Area, as defined in s. |
187 | 373.4592(2). |
188 | Section 3. Subsection (33) is added to section 163.3164, |
189 | Florida Statutes, to read: |
190 | 163.3164 Local Government Comprehensive Planning and Land |
191 | Development Regulation Act; definitions.--As used in this act: |
192 | (33) "Agricultural enclave" means an unincorporated, |
193 | undeveloped parcel that: |
194 | (a) Is owned by a single person or entity; |
195 | (b) Has been in continuous use for bona fide agricultural |
196 | purposes, as defined by s. 193.461, for a period of 5 years |
197 | prior to the date of any comprehensive plan amendment |
198 | application; |
199 | (c) Excluding any portion of the property perimeter, not |
200 | to exceed 40 percent, that is contiguous to lands owned by any |
201 | federal, state, regional, or local government or quasi- |
202 | governmental entity, is surrounded on at least 75 percent of its |
203 | perimeter by: |
204 | 1. Property that has existing industrial, commercial, or |
205 | residential development; or |
206 | 2. Property that the local government has designated, in |
207 | the local government's comprehensive plan, zoning map, and |
208 | future land use map, as land that is to be developed for |
209 | industrial, commercial, or residential purposes, and at least 75 |
210 | percent of such property is existing industrial, commercial, or |
211 | residential development; |
212 | (d) Has public services, including water, wastewater, |
213 | transportation, schools, and recreation facilities, available or |
214 | such public services are scheduled in the capital improvement |
215 | element to be provided by the local government or can be |
216 | provided by an alternative provider of local government |
217 | infrastructure in order to ensure consistency with applicable |
218 | concurrency provisions of s. 163.3180; and |
219 | (e) Does not exceed 1,280 acres; however, if the property |
220 | is surrounded by existing or authorized residential development |
221 | that will result in a density at buildout of at least 1,000 |
222 | residents per square mile, or is within an area for which the |
223 | state land planning agency has previously authorized the |
224 | preparation of an option sector plan pursuant to s. 163.3245, |
225 | then the area shall be determined to be urban and the parcel may |
226 | not exceed 5,120 acres. |
227 | Section 4. Section 259.047, Florida Statutes, is created |
228 | to read: |
229 | 259.047 Acquisition of land on which an agricultural lease |
230 | exists.-- |
231 | (1) When land with an existing agricultural lease is |
232 | acquired in fee simple pursuant to this chapter or chapter 375, |
233 | the existing agricultural lease may continue in force for the |
234 | actual time remaining on the lease agreement. Any entity |
235 | managing lands acquired under this section must consider |
236 | existing agricultural leases in the development of a land |
237 | management plan required under s. 253.034. |
238 | (2) Where consistent with the purposes for which the |
239 | property was acquired, the state or acquiring entity shall make |
240 | reasonable efforts to keep lands in agricultural production |
241 | which are in agricultural production at the time of acquisition. |
242 | Section 5. Paragraph (a) of subsection (2) of section |
243 | 373.0361, Florida Statutes, is amended to read: |
244 | 373.0361 Regional water supply planning.-- |
245 | (2) Each regional water supply plan shall be based on at |
246 | least a 20-year planning period and shall include, but need not |
247 | be limited to: |
248 | (a) A water supply development component for each water |
249 | supply planning region identified by the district which |
250 | includes: |
251 | 1. A quantification of the water supply needs for all |
252 | existing and future reasonable-beneficial uses within the |
253 | planning horizon. The level-of-certainty planning goal |
254 | associated with identifying the water supply needs of existing |
255 | and future reasonable-beneficial uses shall be based upon |
256 | meeting those needs for a 1-in-10-year drought event. Population |
257 | projections used for determining public water supply needs must |
258 | be based upon the best available data. In determining the best |
259 | available data, the district shall consider the University of |
260 | Florida's Bureau of Economic and Business Research (BEBR) medium |
261 | population projections and any population projection data and |
262 | analysis submitted by a local government pursuant to the public |
263 | workshop described in subsection (1) if the data and analysis |
264 | support the local government's comprehensive plan. Any |
265 | adjustment of or deviation from the BEBR projections must be |
266 | fully described, and the original BEBR data must be presented |
267 | along with the adjusted data. |
268 | 2. A list of water supply development project options, |
269 | including traditional and alternative water supply project |
270 | options, from which local government, government-owned and |
271 | privately owned utilities, regional water supply authorities, |
272 | multijurisdictional water supply entities, self-suppliers, and |
273 | others may choose for water supply development. In addition to |
274 | projects listed by the district, such users may propose specific |
275 | projects for inclusion in the list of alternative water supply |
276 | projects. If such users propose a project to be listed as an |
277 | alternative water supply project, the district shall determine |
278 | whether it meets the goals of the plan, and, if so, it shall be |
279 | included in the list. The total capacity of the projects |
280 | included in the plan shall exceed the needs identified in |
281 | subparagraph 1. and shall take into account water conservation |
282 | and other demand management measures, as well as water resources |
283 | constraints, including adopted minimum flows and levels and |
284 | water reservations. Where the district determines it is |
285 | appropriate, the plan should specifically identify the need for |
286 | multijurisdictional approaches to project options that, based on |
287 | planning level analysis, are appropriate to supply the intended |
288 | uses and that, based on such analysis, appear to be permittable |
289 | and financially and technically feasible. The list of water |
290 | supply development options must contain provisions that |
291 | recognize that alternative water supply options for agricultural |
292 | self-suppliers are limited. |
293 | 3. For each project option identified in subparagraph 2., |
294 | the following shall be provided: |
295 | a. An estimate of the amount of water to become available |
296 | through the project. |
297 | b. The timeframe in which the project option should be |
298 | implemented and the estimated planning-level costs for capital |
299 | investment and operating and maintaining the project. |
300 | c. An analysis of funding needs and sources of possible |
301 | funding options. For alternative water supply projects the water |
302 | management districts shall provide funding assistance in |
303 | accordance with s. 373.1961(3). |
304 | d. Identification of the entity that should implement each |
305 | project option and the current status of project implementation. |
306 | Section 6. Section 373.2234, Florida Statutes, is amended |
307 | to read: |
308 | 373.2234 Preferred water supply sources.--The governing |
309 | board of a water management district is authorized to adopt |
310 | rules that identify preferred water supply sources for |
311 | consumptive uses for which there is sufficient data to establish |
312 | that a preferred source will provide a substantial new water |
313 | supply to meet the existing and projected reasonable-beneficial |
314 | uses of a water supply planning region identified pursuant to s. |
315 | 373.0361(1), while sustaining existing water resources and |
316 | natural systems. At a minimum, such rules must contain a |
317 | description of the preferred water supply source and an |
318 | assessment of the water the preferred source is projected to |
319 | produce. If an applicant proposes to use a preferred water |
320 | supply source, that applicant's proposed water use is subject to |
321 | s. 373.223(1), except that the proposed use of a preferred water |
322 | supply source must be considered by a water management district |
323 | when determining whether a permit applicant's proposed use of |
324 | water is consistent with the public interest pursuant to s. |
325 | 373.223(1)(c). A consumptive use permit issued for the use of a |
326 | preferred water supply source must be granted, when requested by |
327 | the applicant, for at least a 20-year period and may be subject |
328 | to the compliance reporting provisions of s. 373.236(4)(3). |
329 | Nothing in this section shall be construed to exempt the use of |
330 | preferred water supply sources from the provisions of ss. |
331 | 373.016(4) and 373.223(2) and (3), or be construed to provide |
332 | that permits issued for the use of a nonpreferred water supply |
333 | source must be issued for a duration of less than 20 years or |
334 | that the use of a nonpreferred water supply source is not |
335 | consistent with the public interest. Additionally, nothing in |
336 | this section shall be interpreted to require the use of a |
337 | preferred water supply source or to restrict or prohibit the use |
338 | of a nonpreferred water supply source. Rules adopted by the |
339 | governing board of a water management district to implement this |
340 | section shall specify that the use of a preferred water supply |
341 | source is not required and that the use of a nonpreferred water |
342 | supply source is not restricted or prohibited. |
343 | Section 7. Present subsections (2) and (3) of section |
344 | 373.236, Florida Statutes, are renumbered as subsections (3) and |
345 | (4), respectively, present subsection (4) is renumbered as |
346 | subsection (5) and amended, and a new subsection (2) is added to |
347 | that section, to read: |
348 | 373.236 Duration of permits; compliance reports.-- |
349 | (2) The Legislature finds that some agricultural |
350 | landowners remain unaware of their ability to request a 20-year |
351 | consumptive use permit under subsection (1) for initial permits |
352 | or for renewals. Therefore, the water management districts shall |
353 | inform agricultural applicants of this option in the application |
354 | form. |
355 | (5)(4) Permits approved for the development of alternative |
356 | water supplies shall be granted for a term of at least 20 years. |
357 | However, if the permittee issues bonds for the construction of |
358 | the project, upon request of the permittee prior to the |
359 | expiration of the permit, that permit shall be extended for such |
360 | additional time as is required for the retirement of bonds, not |
361 | including any refunding or refinancing of such bonds, provided |
362 | that the governing board determines that the use will continue |
363 | to meet the conditions for the issuance of the permit. Such a |
364 | permit is subject to compliance reports under subsection (4)(3). |
365 | Section 8. Section 373.407, Florida Statutes, is created |
366 | to read: |
367 | 373.407 Memorandum of agreement for an agricultural- |
368 | related exemption.--No later than July 1, 2007, the Department |
369 | of Agriculture and Consumer Services and each water management |
370 | district shall enter into a memorandum of agreement under which |
371 | the Department of Agricultural and Consumer Services shall |
372 | assist in a determination by a water management district as to |
373 | whether an existing or proposed activity qualifies for the |
374 | exemption in s. 373.406(2). The memorandum of agreement shall |
375 | provide a process by which, upon the request of a water |
376 | management district, the Department of Agriculture and Consumer |
377 | Services shall conduct a nonbinding review as to whether an |
378 | existing or proposed activity qualifies for an agricultural- |
379 | related exemption in s. 373.406(2). The memorandum of agreement |
380 | shall provide processes and procedures by which the Department |
381 | of Agriculture and Consumer Services shall undertake this review |
382 | effectively and efficiently and issue a recommendation. |
383 | Section 9. This act shall take effect upon becoming a law. |