HB 1015

1
A bill to be entitled
2An act relating to agricultural economic development;
3amending s. 70.001, F.S.; providing a deadline for an
4owner of agricultural land to present a claim prior to
5filing an action against a governmental entity regarding
6private property rights; amending s. 163.3162, F.S.;
7providing for application for an amendment to the local
8government comprehensive plan by the owner of land that
9meets certain provisions of the definition of an
10agricultural enclave; providing requirements relating to
11such applications; exempting certain amendments from
12specified rules of the Department of Community Affairs
13under certain circumstances; amending s. 163.3164, F.S.;
14defining the term "agricultural enclave" for purposes of
15the Local Government Comprehensive Planning and Land
16Development Regulation Act; creating s. 259.047, F.S.;
17providing requirements relating to the purchase of land on
18which an agricultural lease exists; amending s. 373.0361,
19F.S.; providing for recognition that alternative water
20supply development options for agricultural self-suppliers
21are limited; amending s. 373.2234, F.S.; conforming a
22cross-reference; amending s. 373.236, F.S.; requiring
23water management districts to inform landowners of the
24option to obtain certain consumptive use permits; creating
25s. 373.407, F.S.; providing for memoranda of agreement
26regarding qualification for agricultural-related
27exemptions; providing an effective date.
28
29Be It Enacted by the Legislature of the State of Florida:
30
31     Section 1.  Paragraphs (a) and (c) of subsection (4),
32paragraph (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
36under this section against a governmental entity, a property
37owner who seeks compensation under this section must present the
38claim in writing to the head of the governmental entity, except
39that if the property is classified as agricultural pursuant to
40s. 193.461, the notice period is 90 days. The property owner
41must submit, along with the claim, a bona fide, valid appraisal
42that supports the claim and demonstrates the loss in fair market
43value to the real property. If the action of government is the
44culmination of a process that involves more than one
45governmental entity, or if a complete resolution of all relevant
46issues, in the view of the property owner or in the view of a
47governmental entity to whom a claim is presented, requires the
48active participation of more than one governmental entity, the
49property owner shall present the claim as provided in this
50section to each of the governmental entities.
51     (c)  During the 90-day-notice period or the 180-day-notice
52period, unless extended by agreement of the parties, the
53governmental entity shall make a written settlement offer to
54effectuate:
55     1.  An adjustment of land development or permit standards
56or other provisions controlling the development or use of land.
57     2.  Increases or modifications in the density, intensity,
58or 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
62mitigation.
63     6.  Location on the least sensitive portion of the
64property.
65     7.  Conditioning the amount of development or use
66permitted.
67     8.  A requirement that issues be addressed on a more
68comprehensive basis than a single proposed use or development.
69     9.  Issuance of the development order, a variance, special
70exception, or other extraordinary relief.
71     10.  Purchase of the real property, or an interest therein,
72by an appropriate governmental entity.
73     11.  No changes to the action of the governmental entity.
74
75If the property owner accepts the settlement offer, the
76governmental entity may implement the settlement offer by
77appropriate development agreement; by issuing a variance,
78special exception, or other extraordinary relief; or by other
79appropriate method, subject to paragraph (d).
80     (5)(a)  During the 90-day-notice period or the 180-day-
81notice period, unless a settlement offer is accepted by the
82property owner, each of the governmental entities provided
83notice pursuant to paragraph (4)(a) shall issue a written
84ripeness decision identifying the allowable uses to which the
85subject property may be put. The failure of the governmental
86entity to issue a written ripeness decision during the
87applicable 90-day-notice period or 180-day-notice period shall
88be deemed to ripen the prior action of the governmental entity,
89and shall operate as a ripeness decision that has been rejected
90by the property owner. The ripeness decision, as a matter of
91law, constitutes the last prerequisite to judicial review, and
92the matter shall be deemed ripe or final for the purposes of the
93judicial proceeding created by this section, notwithstanding the
94availability of other administrative remedies.
95     (6)
96     (c)1.  In any action filed pursuant to this section, the
97property owner is entitled to recover reasonable costs and
98attorney fees incurred by the property owner, from the
99governmental entity or entities, according to their
100proportionate share as determined by the court, from the date of
101the filing of the circuit court action, if the property owner
102prevails in the action and the court determines that the
103settlement offer, including the ripeness decision, of the
104governmental entity or entities did not constitute a bona fide
105offer to the property owner which reasonably would have resolved
106the claim, based upon the knowledge available to the
107governmental entity or entities and the property owner during
108the 90-day-notice period or the 180-day-notice period.
109     2.  In any action filed pursuant to this section, the
110governmental entity or entities are entitled to recover
111reasonable costs and attorney fees incurred by the governmental
112entity or entities from the date of the filing of the circuit
113court action, if the governmental entity or entities prevail in
114the action and the court determines that the property owner did
115not accept a bona fide settlement offer, including the ripeness
116decision, which reasonably would have resolved the claim fairly
117to the property owner if the settlement offer had been accepted
118by the property owner, based upon the knowledge available to the
119governmental entity or entities and the property owner during
120the 90-day-notice period or the 180-day-notice period.
121     3.  The determination of total reasonable costs and
122attorney fees pursuant to this paragraph shall be made by the
123court and not by the jury. Any proposed settlement offer or any
124proposed ripeness decision, except for the final written
125settlement offer or the final written ripeness decision, and any
126negotiations or rejections in regard to the formulation either
127of the settlement offer or the ripeness decision, are
128inadmissible in the subsequent proceeding established by this
129section except for the purposes of the determination pursuant to
130this paragraph.
131     Section 2.  Subsection (5) is added to section 163.3162,
132Florida Statutes, to read:
133     163.3162  Agricultural Lands and Practices Act.--
134     (5)  AMENDMENT TO LOCAL GOVERNMENT COMPREHENSIVE PLAN.--The
135owner of a parcel of land defined as an agricultural enclave
136under s. 163.3164(33) may apply for an amendment to the local
137government comprehensive plan pursuant to s. 163.3187. Such
138amendment is not subject to rule 9J-5.006(5), Florida
139Administrative Code, and may include land uses and intensities
140of use that are consistent with the uses and intensities of use
141of the industrial, commercial, or residential areas that
142surround the parcel. Each application for a comprehensive plan
143amendment under this subsection for a parcel larger than 640
144acres must include appropriate new urbanism concepts such as
145clustering, mixed-use development, the creation of rural village
146and city centers, and the transfer of development rights in
147order to discourage urban sprawl while protecting landowner
148rights.
149     (a)  The local government and the owner of a parcel of land
150that is the subject of an application for an amendment shall
151have 180 days following the date that the local government
152receives a complete application to negotiate in good faith to
153reach consensus on the land uses and intensities of use that are
154consistent with the uses and intensities of use of the
155industrial, commercial, or residential areas that surround the
156parcel. Within 30 days after the local government's receipt of
157such an application, the local government and owner must agree
158in writing to a schedule for information submittal, public
159hearings, negotiations, and final action on the amendment, which
160schedule may thereafter be altered only with the written consent
161of the local government and the owner. Compliance with the
162schedule in the written agreement constitutes good-faith
163negotiations for purposes of paragraph (c).
164     (b)  Upon conclusion of good-faith negotiations under
165paragraph (a), regardless of whether the local government and
166owner reach consensus on the land uses and intensities of use
167that are consistent with the uses and intensities of use of the
168industrial, commercial, or residential areas that surround the
169parcel, the amendment must be transmitted to the state land
170planning agency for review pursuant to s. 163.3184. If the local
171government fails to transmit the amendment within 180 days after
172receipt of a complete application, the amendment must be
173immediately transferred to the state land planning agency for
174such review at the first available transmittal cycle. The state
175land planning agency may not use any provision of rule 9J-
1765.006(5), Florida Administrative Code, as a factor in
177determining compliance of an amendment.
178     (c)  If the owner fails to negotiate in good faith, rule
1799J-5.006(5), Florida Administrative Code, shall apply throughout
180the negotiation and amendment process.
181     (d)  Nothing within this subsection relating to
182agricultural enclaves shall preempt or replace any protection
183currently existing for any property located within the
184boundaries 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.
187373.4592(2).
188     Section 3.  Subsection (33) is added to section 163.3164,
189Florida Statutes, to read:
190     163.3164  Local Government Comprehensive Planning and Land
191Development Regulation Act; definitions.--As used in this act:
192     (33)  "Agricultural enclave" means an unincorporated,
193undeveloped parcel that:
194     (a)  Is owned by a single person or entity;
195     (b)  Has been in continuous use for bona fide agricultural
196purposes, as defined by s. 193.461, for a period of 5 years
197prior to the date of any comprehensive plan amendment
198application;
199     (c)  Excluding any portion of the property perimeter, not
200to exceed 40 percent, that is contiguous to lands owned by any
201federal, state, regional, or local government or quasi-
202governmental entity, is surrounded on at least 75 percent of its
203perimeter by:
204     1.  Property that has existing industrial, commercial, or
205residential development; or
206     2.  Property that the local government has designated, in
207the local government's comprehensive plan, zoning map, and
208future land use map, as land that is to be developed for
209industrial, commercial, or residential purposes, and at least 75
210percent of such property is existing industrial, commercial, or
211residential development;
212     (d)  Has public services, including water, wastewater,
213transportation, schools, and recreation facilities, available or
214such public services are scheduled in the capital improvement
215element to be provided by the local government or can be
216provided by an alternative provider of local government
217infrastructure in order to ensure consistency with applicable
218concurrency provisions of s. 163.3180; and
219     (e)  Does not exceed 1,280 acres; however, if the property
220is surrounded by existing or authorized residential development
221that will result in a density at buildout of at least 1,000
222residents per square mile, or is within an area for which the
223state land planning agency has previously authorized the
224preparation of an option sector plan pursuant to s. 163.3245,
225then the area shall be determined to be urban and the parcel may
226not exceed 5,120 acres.
227     Section 4.  Section 259.047, Florida Statutes, is created
228to read:
229     259.047  Acquisition of land on which an agricultural lease
230exists.--
231     (1)  When land with an existing agricultural lease is
232acquired in fee simple pursuant to this chapter or chapter 375,
233the existing agricultural lease may continue in force for the
234actual time remaining on the lease agreement. Any entity
235managing lands acquired under this section must consider
236existing agricultural leases in the development of a land
237management plan required under s. 253.034.
238     (2)  Where consistent with the purposes for which the
239property was acquired, the state or acquiring entity shall make
240reasonable efforts to keep lands in agricultural production
241which are in agricultural production at the time of acquisition.
242     Section 5.  Paragraph (a) of subsection (2) of section
243373.0361, 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
246least a 20-year planning period and shall include, but need not
247be limited to:
248     (a)  A water supply development component for each water
249supply planning region identified by the district which
250includes:
251     1.  A quantification of the water supply needs for all
252existing and future reasonable-beneficial uses within the
253planning horizon. The level-of-certainty planning goal
254associated with identifying the water supply needs of existing
255and future reasonable-beneficial uses shall be based upon
256meeting those needs for a 1-in-10-year drought event. Population
257projections used for determining public water supply needs must
258be based upon the best available data. In determining the best
259available data, the district shall consider the University of
260Florida's Bureau of Economic and Business Research (BEBR) medium
261population projections and any population projection data and
262analysis submitted by a local government pursuant to the public
263workshop described in subsection (1) if the data and analysis
264support the local government's comprehensive plan. Any
265adjustment of or deviation from the BEBR projections must be
266fully described, and the original BEBR data must be presented
267along with the adjusted data.
268     2.  A list of water supply development project options,
269including traditional and alternative water supply project
270options, from which local government, government-owned and
271privately owned utilities, regional water supply authorities,
272multijurisdictional water supply entities, self-suppliers, and
273others may choose for water supply development. In addition to
274projects listed by the district, such users may propose specific
275projects for inclusion in the list of alternative water supply
276projects. If such users propose a project to be listed as an
277alternative water supply project, the district shall determine
278whether it meets the goals of the plan, and, if so, it shall be
279included in the list. The total capacity of the projects
280included in the plan shall exceed the needs identified in
281subparagraph 1. and shall take into account water conservation
282and other demand management measures, as well as water resources
283constraints, including adopted minimum flows and levels and
284water reservations. Where the district determines it is
285appropriate, the plan should specifically identify the need for
286multijurisdictional approaches to project options that, based on
287planning level analysis, are appropriate to supply the intended
288uses and that, based on such analysis, appear to be permittable
289and financially and technically feasible. The list of water
290supply development options must contain provisions that
291recognize that alternative water supply options for agricultural
292self-suppliers are limited.
293     3.  For each project option identified in subparagraph 2.,
294the following shall be provided:
295     a.  An estimate of the amount of water to become available
296through the project.
297     b.  The timeframe in which the project option should be
298implemented and the estimated planning-level costs for capital
299investment and operating and maintaining the project.
300     c.  An analysis of funding needs and sources of possible
301funding options. For alternative water supply projects the water
302management districts shall provide funding assistance in
303accordance with s. 373.1961(3).
304     d.  Identification of the entity that should implement each
305project option and the current status of project implementation.
306     Section 6.  Section 373.2234, Florida Statutes, is amended
307to read:
308     373.2234  Preferred water supply sources.--The governing
309board of a water management district is authorized to adopt
310rules that identify preferred water supply sources for
311consumptive uses for which there is sufficient data to establish
312that a preferred source will provide a substantial new water
313supply to meet the existing and projected reasonable-beneficial
314uses of a water supply planning region identified pursuant to s.
315373.0361(1), while sustaining existing water resources and
316natural systems. At a minimum, such rules must contain a
317description of the preferred water supply source and an
318assessment of the water the preferred source is projected to
319produce. If an applicant proposes to use a preferred water
320supply source, that applicant's proposed water use is subject to
321s. 373.223(1), except that the proposed use of a preferred water
322supply source must be considered by a water management district
323when determining whether a permit applicant's proposed use of
324water is consistent with the public interest pursuant to s.
325373.223(1)(c). A consumptive use permit issued for the use of a
326preferred water supply source must be granted, when requested by
327the applicant, for at least a 20-year period and may be subject
328to the compliance reporting provisions of s. 373.236(4)(3).
329Nothing in this section shall be construed to exempt the use of
330preferred water supply sources from the provisions of ss.
331373.016(4) and 373.223(2) and (3), or be construed to provide
332that permits issued for the use of a nonpreferred water supply
333source must be issued for a duration of less than 20 years or
334that the use of a nonpreferred water supply source is not
335consistent with the public interest. Additionally, nothing in
336this section shall be interpreted to require the use of a
337preferred water supply source or to restrict or prohibit the use
338of a nonpreferred water supply source. Rules adopted by the
339governing board of a water management district to implement this
340section shall specify that the use of a preferred water supply
341source is not required and that the use of a nonpreferred water
342supply source is not restricted or prohibited.
343     Section 7.  Present subsections (2) and (3) of section
344373.236, Florida Statutes, are renumbered as subsections (3) and
345(4), respectively, present subsection (4) is renumbered as
346subsection (5) and amended, and a new subsection (2) is added to
347that section, to read:
348     373.236  Duration of permits; compliance reports.--
349     (2)  The Legislature finds that some agricultural
350landowners remain unaware of their ability to request a 20-year
351consumptive use permit under subsection (1) for initial permits
352or for renewals. Therefore, the water management districts shall
353inform agricultural applicants of this option in the application
354form.
355     (5)(4)  Permits approved for the development of alternative
356water supplies shall be granted for a term of at least 20 years.
357However, if the permittee issues bonds for the construction of
358the project, upon request of the permittee prior to the
359expiration of the permit, that permit shall be extended for such
360additional time as is required for the retirement of bonds, not
361including any refunding or refinancing of such bonds, provided
362that the governing board determines that the use will continue
363to meet the conditions for the issuance of the permit. Such a
364permit is subject to compliance reports under subsection (4)(3).
365     Section 8.  Section 373.407, Florida Statutes, is created
366to read:
367     373.407  Memorandum of agreement for an agricultural-
368related exemption.--No later than July 1, 2007, the Department
369of Agriculture and Consumer Services and each water management
370district shall enter into a memorandum of agreement under which
371the Department of Agricultural and Consumer Services shall
372assist in a determination by a water management district as to
373whether an existing or proposed activity qualifies for the
374exemption in s. 373.406(2). The memorandum of agreement shall
375provide a process by which, upon the request of a water
376management district, the Department of Agriculture and Consumer
377Services shall conduct a nonbinding review as to whether an
378existing or proposed activity qualifies for an agricultural-
379related exemption in s. 373.406(2). The memorandum of agreement
380shall provide processes and procedures by which the Department
381of Agriculture and Consumer Services shall undertake this review
382effectively and efficiently and issue a recommendation.
383     Section 9.  This act shall take effect upon becoming a law.


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