| 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; creating a rebuttable presumption |
| 12 | relating to certain requirements for plan amendment for |
| 13 | agricultural enclaves; providing for the transmittal of a |
| 14 | plan amendment relating to an agricultural enclave to the |
| 15 | state land planning agency; providing for a rebuttal |
| 16 | presumption for plan amendments relating to agricultural |
| 17 | enclaves; providing an exception; amending s. 163.3164, |
| 18 | F.S.; defining the term "agricultural enclave" for |
| 19 | purposes of the Local Government Comprehensive Planning |
| 20 | and Land Development Regulation Act; creating s. 259.047, |
| 21 | F.S.; providing requirements relating to the purchase of |
| 22 | land on which an agricultural lease exists; amending s. |
| 23 | 373.0361, F.S.; providing for recognition that alternative |
| 24 | water supply development options for agricultural self- |
| 25 | suppliers are limited; amending s. 373.2234, F.S.; |
| 26 | conforming a cross-reference; amending s. 373.236, F.S.; |
| 27 | requiring water management districts to inform landowners |
| 28 | of the option to obtain certain consumptive use permits; |
| 29 | creating s. 373.407, F.S.; providing for memoranda of |
| 30 | agreement regarding qualification for agricultural-related |
| 31 | exemptions; amending s. 601.992, F.S.; authorizing the |
| 32 | Department of Citrus or the Department of Agriculture and |
| 33 | Consumer Services to collect financial payments for |
| 34 | certain not-for-profit entities under certain |
| 35 | circumstances; authorizing fees and rulemaking; providing |
| 36 | an effective date. |
| 37 |
|
| 38 | Be It Enacted by the Legislature of the State of Florida: |
| 39 |
|
| 40 | Section 1. Paragraphs (a) and (c) of subsection (4), |
| 41 | paragraph (a) of subsection (5), and paragraph (c) of subsection |
| 42 | (6) of section 70.001, Florida Statutes, are amended to read: |
| 43 | 70.001 Private property rights protection.-- |
| 44 | (4)(a) Not less than 180 days prior to filing an action |
| 45 | under this section against a governmental entity, a property |
| 46 | owner who seeks compensation under this section must present the |
| 47 | claim in writing to the head of the governmental entity, except |
| 48 | that if the property is classified as agricultural pursuant to |
| 49 | s. 193.461, the notice period is 90 days. The property owner |
| 50 | must submit, along with the claim, a bona fide, valid appraisal |
| 51 | that supports the claim and demonstrates the loss in fair market |
| 52 | value to the real property. If the action of government is the |
| 53 | culmination of a process that involves more than one |
| 54 | governmental entity, or if a complete resolution of all relevant |
| 55 | issues, in the view of the property owner or in the view of a |
| 56 | governmental entity to whom a claim is presented, requires the |
| 57 | active participation of more than one governmental entity, the |
| 58 | property owner shall present the claim as provided in this |
| 59 | section to each of the governmental entities. |
| 60 | (c) During the 90-day-notice period or the 180-day-notice |
| 61 | period, unless extended by agreement of the parties, the |
| 62 | governmental entity shall make a written settlement offer to |
| 63 | effectuate: |
| 64 | 1. An adjustment of land development or permit standards |
| 65 | or other provisions controlling the development or use of land. |
| 66 | 2. Increases or modifications in the density, intensity, |
| 67 | or use of areas of development. |
| 68 | 3. The transfer of developmental rights. |
| 69 | 4. Land swaps or exchanges. |
| 70 | 5. Mitigation, including payments in lieu of onsite |
| 71 | mitigation. |
| 72 | 6. Location on the least sensitive portion of the |
| 73 | property. |
| 74 | 7. Conditioning the amount of development or use |
| 75 | permitted. |
| 76 | 8. A requirement that issues be addressed on a more |
| 77 | comprehensive basis than a single proposed use or development. |
| 78 | 9. Issuance of the development order, a variance, special |
| 79 | exception, or other extraordinary relief. |
| 80 | 10. Purchase of the real property, or an interest therein, |
| 81 | by an appropriate governmental entity. |
| 82 | 11. No changes to the action of the governmental entity. |
| 83 |
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| 84 | If the property owner accepts the settlement offer, the |
| 85 | governmental entity may implement the settlement offer by |
| 86 | appropriate development agreement; by issuing a variance, |
| 87 | special exception, or other extraordinary relief; or by other |
| 88 | appropriate method, subject to paragraph (d). |
| 89 | (5)(a) During the 90-day-notice period or the 180-day- |
| 90 | notice period, unless a settlement offer is accepted by the |
| 91 | property owner, each of the governmental entities provided |
| 92 | notice pursuant to paragraph (4)(a) shall issue a written |
| 93 | ripeness decision identifying the allowable uses to which the |
| 94 | subject property may be put. The failure of the governmental |
| 95 | entity to issue a written ripeness decision during the |
| 96 | applicable 90-day-notice period or 180-day-notice period shall |
| 97 | be deemed to ripen the prior action of the governmental entity, |
| 98 | and shall operate as a ripeness decision that has been rejected |
| 99 | by the property owner. The ripeness decision, as a matter of |
| 100 | law, constitutes the last prerequisite to judicial review, and |
| 101 | the matter shall be deemed ripe or final for the purposes of the |
| 102 | judicial proceeding created by this section, notwithstanding the |
| 103 | availability of other administrative remedies. |
| 104 | (6) |
| 105 | (c)1. In any action filed pursuant to this section, the |
| 106 | property owner is entitled to recover reasonable costs and |
| 107 | attorney fees incurred by the property owner, from the |
| 108 | governmental entity or entities, according to their |
| 109 | proportionate share as determined by the court, from the date of |
| 110 | the filing of the circuit court action, if the property owner |
| 111 | prevails in the action and the court determines that the |
| 112 | settlement offer, including the ripeness decision, of the |
| 113 | governmental entity or entities did not constitute a bona fide |
| 114 | offer to the property owner which reasonably would have resolved |
| 115 | the claim, based upon the knowledge available to the |
| 116 | governmental entity or entities and the property owner during |
| 117 | the 90-day-notice period or the 180-day-notice period. |
| 118 | 2. In any action filed pursuant to this section, the |
| 119 | governmental entity or entities are entitled to recover |
| 120 | reasonable costs and attorney fees incurred by the governmental |
| 121 | entity or entities from the date of the filing of the circuit |
| 122 | court action, if the governmental entity or entities prevail in |
| 123 | the action and the court determines that the property owner did |
| 124 | not accept a bona fide settlement offer, including the ripeness |
| 125 | decision, which reasonably would have resolved the claim fairly |
| 126 | to the property owner if the settlement offer had been accepted |
| 127 | by the property owner, based upon the knowledge available to the |
| 128 | governmental entity or entities and the property owner during |
| 129 | the 90-day-notice period or the 180-day-notice period. |
| 130 | 3. The determination of total reasonable costs and |
| 131 | attorney fees pursuant to this paragraph shall be made by the |
| 132 | court and not by the jury. Any proposed settlement offer or any |
| 133 | proposed ripeness decision, except for the final written |
| 134 | settlement offer or the final written ripeness decision, and any |
| 135 | negotiations or rejections in regard to the formulation either |
| 136 | of the settlement offer or the ripeness decision, are |
| 137 | inadmissible in the subsequent proceeding established by this |
| 138 | section except for the purposes of the determination pursuant to |
| 139 | this paragraph. |
| 140 | Section 2. Subsection (5) is added to section 163.3162, |
| 141 | Florida Statutes, to read: |
| 142 | 163.3162 Agricultural Lands and Practices Act.-- |
| 143 | (5) AMENDMENT TO LOCAL GOVERNMENT COMPREHENSIVE PLAN.--The |
| 144 | owner of a parcel of land defined as an agricultural enclave |
| 145 | under s. 163.3164(33) may apply for an amendment to the local |
| 146 | government comprehensive plan pursuant to s. 163.3187. Such |
| 147 | amendment is presumed to be consistent with rule 9J-5.006(5), |
| 148 | Florida Administrative Code, and may include land uses and |
| 149 | intensities of use that are consistent with the uses and |
| 150 | intensities of use of the industrial, commercial, or residential |
| 151 | areas that surround the parcel. This presumption may be rebutted |
| 152 | by clear and convincing evidence. Each application for a |
| 153 | comprehensive plan amendment under this subsection for a parcel |
| 154 | larger than 640 acres must include appropriate new urbanism |
| 155 | concepts such as clustering, mixed-use development, the creation |
| 156 | of rural village and city centers, and the transfer of |
| 157 | development rights in order to discourage urban sprawl while |
| 158 | protecting landowner rights. |
| 159 | (a) The local government and the owner of a parcel of land |
| 160 | that is the subject of an application for an amendment shall |
| 161 | have 180 days following the date that the local government |
| 162 | receives a complete application to negotiate in good faith to |
| 163 | reach consensus on the land uses and intensities of use that are |
| 164 | consistent with the uses and intensities of use of the |
| 165 | industrial, commercial, or residential areas that surround the |
| 166 | parcel. Within 30 days after the local government's receipt of |
| 167 | such an application, the local government and owner must agree |
| 168 | in writing to a schedule for information submittal, public |
| 169 | hearings, negotiations, and final action on the amendment, which |
| 170 | schedule may thereafter be altered only with the written consent |
| 171 | of the local government and the owner. Compliance with the |
| 172 | schedule in the written agreement constitutes good-faith |
| 173 | negotiations for purposes of paragraph (c). |
| 174 | (b) Upon conclusion of good-faith negotiations under |
| 175 | paragraph (a), regardless of whether the local government and |
| 176 | owner reach consensus on the land uses and intensities of use |
| 177 | that are consistent with the uses and intensities of use of the |
| 178 | industrial, commercial, or residential areas that surround the |
| 179 | parcel, the amendment must be transmitted to the state land |
| 180 | planning agency for review pursuant to s. 163.3184. If the local |
| 181 | government fails to transmit the amendment within 180 days after |
| 182 | receipt of a complete application, the amendment must be |
| 183 | immediately transferred to the state land planning agency for |
| 184 | such review at the first available transmittal cycle. A plan |
| 185 | amendment transmitted to the state land planning agency |
| 186 | submitted under this subsection is presumed to be consistent |
| 187 | with rule 9J-5.006(5), Florida Administrative Code. This |
| 188 | presumption may be rebutted by clear and convincing evidence. |
| 189 | (c) If the owner fails to negotiate in good faith, a plan |
| 190 | amendment submitted under this subsection is not entitled to the |
| 191 | rebuttable presumption under this subsection in the negotiation |
| 192 | and amendment process. |
| 193 | (d) Nothing within this subsection relating to |
| 194 | agricultural enclaves shall preempt or replace any protection |
| 195 | currently existing for any property located within the |
| 196 | boundaries of the following areas: |
| 197 | 1. The Wekiva Study Area, as described in s. 369.316; or |
| 198 | 2. The Everglades Protection Area, as defined in s. |
| 199 | 373.4592(2). |
| 200 | Section 3. Subsection (33) is added to section 163.3164, |
| 201 | Florida Statutes, to read: |
| 202 | 163.3164 Local Government Comprehensive Planning and Land |
| 203 | Development Regulation Act; definitions.--As used in this act: |
| 204 | (33) "Agricultural enclave" means an unincorporated, |
| 205 | undeveloped parcel that: |
| 206 | (a) Is owned by a single person or entity; |
| 207 | (b) Has been in continuous use for bona fide agricultural |
| 208 | purposes, as defined by s. 193.461, for a period of 5 years |
| 209 | prior to the date of any comprehensive plan amendment |
| 210 | application; |
| 211 | (c) Is surrounded on at least 75 percent of its perimeter |
| 212 | by: |
| 213 | 1. Property that has existing industrial, commercial, or |
| 214 | residential development; or |
| 215 | 2. Property that the local government has designated, in |
| 216 | the local government's comprehensive plan, zoning map, and |
| 217 | future land use map, as land that is to be developed for |
| 218 | industrial, commercial, or residential purposes, and at least 75 |
| 219 | percent of such property is existing industrial, commercial, or |
| 220 | residential development; |
| 221 | (d) Has public services, including water, wastewater, |
| 222 | transportation, schools, and recreation facilities, available or |
| 223 | such public services are scheduled in the capital improvement |
| 224 | element to be provided by the local government or can be |
| 225 | provided by an alternative provider of local government |
| 226 | infrastructure in order to ensure consistency with applicable |
| 227 | concurrency provisions of s. 163.3180; and |
| 228 | (e) Does not exceed 1,280 acres; however, if the property |
| 229 | is surrounded by existing or authorized residential development |
| 230 | that will result in a density at buildout of at least 1,000 |
| 231 | residents per square mile, then the area shall be determined to |
| 232 | be urban and the parcel may not exceed 4,480 acres. |
| 233 | Section 4. Section 259.047, Florida Statutes, is created |
| 234 | to read: |
| 235 | 259.047 Acquisition of land on which an agricultural lease |
| 236 | exists.-- |
| 237 | (1) When land with an existing agricultural lease is |
| 238 | acquired in fee simple pursuant to this chapter or chapter 375, |
| 239 | the existing agricultural lease may continue in force for the |
| 240 | actual time remaining on the lease agreement. Any entity |
| 241 | managing lands acquired under this section must consider |
| 242 | existing agricultural leases in the development of a land |
| 243 | management plan required under s. 253.034. |
| 244 | (2) Where consistent with the purposes for which the |
| 245 | property was acquired, the state or acquiring entity shall make |
| 246 | reasonable efforts to keep lands in agricultural production |
| 247 | which are in agricultural production at the time of acquisition. |
| 248 | Section 5. Paragraph (a) of subsection (2) of section |
| 249 | 373.0361, Florida Statutes, is amended to read: |
| 250 | 373.0361 Regional water supply planning.-- |
| 251 | (2) Each regional water supply plan shall be based on at |
| 252 | least a 20-year planning period and shall include, but need not |
| 253 | be limited to: |
| 254 | (a) A water supply development component for each water |
| 255 | supply planning region identified by the district which |
| 256 | includes: |
| 257 | 1. A quantification of the water supply needs for all |
| 258 | existing and future reasonable-beneficial uses within the |
| 259 | planning horizon. The level-of-certainty planning goal |
| 260 | associated with identifying the water supply needs of existing |
| 261 | and future reasonable-beneficial uses shall be based upon |
| 262 | meeting those needs for a 1-in-10-year drought event. Population |
| 263 | projections used for determining public water supply needs must |
| 264 | be based upon the best available data. In determining the best |
| 265 | available data, the district shall consider the University of |
| 266 | Florida's Bureau of Economic and Business Research (BEBR) medium |
| 267 | population projections and any population projection data and |
| 268 | analysis submitted by a local government pursuant to the public |
| 269 | workshop described in subsection (1) if the data and analysis |
| 270 | support the local government's comprehensive plan. Any |
| 271 | adjustment of or deviation from the BEBR projections must be |
| 272 | fully described, and the original BEBR data must be presented |
| 273 | along with the adjusted data. |
| 274 | 2. A list of water supply development project options, |
| 275 | including traditional and alternative water supply project |
| 276 | options, from which local government, government-owned and |
| 277 | privately owned utilities, regional water supply authorities, |
| 278 | multijurisdictional water supply entities, self-suppliers, and |
| 279 | others may choose for water supply development. In addition to |
| 280 | projects listed by the district, such users may propose specific |
| 281 | projects for inclusion in the list of alternative water supply |
| 282 | projects. If such users propose a project to be listed as an |
| 283 | alternative water supply project, the district shall determine |
| 284 | whether it meets the goals of the plan, and, if so, it shall be |
| 285 | included in the list. The total capacity of the projects |
| 286 | included in the plan shall exceed the needs identified in |
| 287 | subparagraph 1. and shall take into account water conservation |
| 288 | and other demand management measures, as well as water resources |
| 289 | constraints, including adopted minimum flows and levels and |
| 290 | water reservations. Where the district determines it is |
| 291 | appropriate, the plan should specifically identify the need for |
| 292 | multijurisdictional approaches to project options that, based on |
| 293 | planning level analysis, are appropriate to supply the intended |
| 294 | uses and that, based on such analysis, appear to be permittable |
| 295 | and financially and technically feasible. The list of water |
| 296 | supply development options must contain provisions that |
| 297 | recognize that alternative water supply options for agricultural |
| 298 | self-suppliers are limited. |
| 299 | 3. For each project option identified in subparagraph 2., |
| 300 | the following shall be provided: |
| 301 | a. An estimate of the amount of water to become available |
| 302 | through the project. |
| 303 | b. The timeframe in which the project option should be |
| 304 | implemented and the estimated planning-level costs for capital |
| 305 | investment and operating and maintaining the project. |
| 306 | c. An analysis of funding needs and sources of possible |
| 307 | funding options. For alternative water supply projects the water |
| 308 | management districts shall provide funding assistance in |
| 309 | accordance with s. 373.1961(3). |
| 310 | d. Identification of the entity that should implement each |
| 311 | project option and the current status of project implementation. |
| 312 | Section 6. Section 373.2234, Florida Statutes, is amended |
| 313 | to read: |
| 314 | 373.2234 Preferred water supply sources.--The governing |
| 315 | board of a water management district is authorized to adopt |
| 316 | rules that identify preferred water supply sources for |
| 317 | consumptive uses for which there is sufficient data to establish |
| 318 | that a preferred source will provide a substantial new water |
| 319 | supply to meet the existing and projected reasonable-beneficial |
| 320 | uses of a water supply planning region identified pursuant to s. |
| 321 | 373.0361(1), while sustaining existing water resources and |
| 322 | natural systems. At a minimum, such rules must contain a |
| 323 | description of the preferred water supply source and an |
| 324 | assessment of the water the preferred source is projected to |
| 325 | produce. If an applicant proposes to use a preferred water |
| 326 | supply source, that applicant's proposed water use is subject to |
| 327 | s. 373.223(1), except that the proposed use of a preferred water |
| 328 | supply source must be considered by a water management district |
| 329 | when determining whether a permit applicant's proposed use of |
| 330 | water is consistent with the public interest pursuant to s. |
| 331 | 373.223(1)(c). A consumptive use permit issued for the use of a |
| 332 | preferred water supply source must be granted, when requested by |
| 333 | the applicant, for at least a 20-year period and may be subject |
| 334 | to the compliance reporting provisions of s. 373.236(4)(3). |
| 335 | Nothing in this section shall be construed to exempt the use of |
| 336 | preferred water supply sources from the provisions of ss. |
| 337 | 373.016(4) and 373.223(2) and (3), or be construed to provide |
| 338 | that permits issued for the use of a nonpreferred water supply |
| 339 | source must be issued for a duration of less than 20 years or |
| 340 | that the use of a nonpreferred water supply source is not |
| 341 | consistent with the public interest. Additionally, nothing in |
| 342 | this section shall be interpreted to require the use of a |
| 343 | preferred water supply source or to restrict or prohibit the use |
| 344 | of a nonpreferred water supply source. Rules adopted by the |
| 345 | governing board of a water management district to implement this |
| 346 | section shall specify that the use of a preferred water supply |
| 347 | source is not required and that the use of a nonpreferred water |
| 348 | supply source is not restricted or prohibited. |
| 349 | Section 7. Present subsections (2) and (3) of section |
| 350 | 373.236, Florida Statutes, are renumbered as subsections (3) and |
| 351 | (4), respectively, present subsection (4) is renumbered as |
| 352 | subsection (5) and amended, and a new subsection (2) is added to |
| 353 | that section, to read: |
| 354 | 373.236 Duration of permits; compliance reports.-- |
| 355 | (2) The Legislature finds that some agricultural |
| 356 | landowners remain unaware of their ability to request a 20-year |
| 357 | consumptive use permit under subsection (1) for initial permits |
| 358 | or for renewals. Therefore, the water management districts shall |
| 359 | inform agricultural applicants of this option in the application |
| 360 | form. |
| 361 | (5)(4) Permits approved for the development of alternative |
| 362 | water supplies shall be granted for a term of at least 20 years. |
| 363 | However, if the permittee issues bonds for the construction of |
| 364 | the project, upon request of the permittee prior to the |
| 365 | expiration of the permit, that permit shall be extended for such |
| 366 | additional time as is required for the retirement of bonds, not |
| 367 | including any refunding or refinancing of such bonds, provided |
| 368 | that the governing board determines that the use will continue |
| 369 | to meet the conditions for the issuance of the permit. Such a |
| 370 | permit is subject to compliance reports under subsection (4)(3). |
| 371 | Section 8. Section 373.407, Florida Statutes, is created |
| 372 | to read: |
| 373 | 373.407 Memorandum of agreement for an agricultural- |
| 374 | related exemption.--No later than July 1, 2007, the Department |
| 375 | of Agriculture and Consumer Services and each water management |
| 376 | district shall enter into a memorandum of agreement under which |
| 377 | the Department of Agricultural and Consumer Services shall |
| 378 | assist in a determination by a water management district as to |
| 379 | whether an existing or proposed activity qualifies for the |
| 380 | exemption in s. 373.406(2). The memorandum of agreement shall |
| 381 | provide a process by which, upon the request of a water |
| 382 | management district, the Department of Agriculture and Consumer |
| 383 | Services shall conduct a nonbinding review as to whether an |
| 384 | existing or proposed activity qualifies for an agricultural- |
| 385 | related exemption in s. 373.406(2). The memorandum of agreement |
| 386 | shall provide processes and procedures by which the Department |
| 387 | of Agriculture and Consumer Services shall undertake this review |
| 388 | effectively and efficiently and issue a recommendation. |
| 389 | Section 9. Section 601.992, Florida Statutes, is amended |
| 390 | to read: |
| 391 | 601.992 Collection of dues and other payments on behalf of |
| 392 | certain nonprofit corporations engaged in market news and grower |
| 393 | education.--The Florida Department of Citrus or the Department |
| 394 | of Agriculture and Consumer Services or their successors its |
| 395 | successor may collect dues, contributions, or any other |
| 396 | financial payment upon request by, and on behalf of, any not- |
| 397 | for-profit corporation, and its related not-for-profit |
| 398 | corporations, located in this state which receives payments or |
| 399 | dues from its members. Such not-for-profit corporation must be |
| 400 | engaged, to the exclusion of agricultural commodities other than |
| 401 | citrus, in market news and grower education solely for citrus |
| 402 | growers, and must have at least 5,000 members who are engaged in |
| 403 | growing citrus in this state for commercial sale. The department |
| 404 | may adopt rules pursuant to ss. 120.536(1) and 120.54 to |
| 405 | implement this section. The rules may establish indemnity |
| 406 | requirements for the requesting corporation and for fees to be |
| 407 | charged to the corporation which are sufficient but do not |
| 408 | exceed the amount necessary to ensure that any direct costs |
| 409 | incurred by the department in implementing this section are |
| 410 | borne by the requesting corporation and not by the department. |
| 411 | Section 10. This act shall take effect upon becoming a |
| 412 | law. |