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; creating a rebuttable presumption
12relating to certain requirements for plan amendment for
13agricultural enclaves; providing for the transmittal of a
14plan amendment relating to an agricultural enclave to the
15state land planning agency; providing for a rebuttal
16presumption for plan amendments relating to agricultural
17enclaves; providing an exception; amending s. 163.3164,
18F.S.; defining the term "agricultural enclave" for
19purposes of the Local Government Comprehensive Planning
20and Land Development Regulation Act; creating s. 259.047,
21F.S.; providing requirements relating to the purchase of
22land on which an agricultural lease exists; amending s.
23373.0361, F.S.; providing for recognition that alternative
24water supply development options for agricultural self-
25suppliers are limited; amending s. 373.2234, F.S.;
26conforming a cross-reference; amending s. 373.236, F.S.;
27requiring water management districts to inform landowners
28of the option to obtain certain consumptive use permits;
29creating s. 373.407, F.S.; providing for memoranda of
30agreement regarding qualification for agricultural-related
31exemptions; amending s. 601.992, F.S.; authorizing the
32Department of Citrus or the Department of Agriculture and
33Consumer Services to collect financial payments for
34certain not-for-profit entities under certain
35circumstances; authorizing fees and rulemaking; providing
36an effective date.
37
38Be It Enacted by the Legislature of the State of Florida:
39
40     Section 1.  Paragraphs (a) and (c) of subsection (4),
41paragraph (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
45under this section against a governmental entity, a property
46owner who seeks compensation under this section must present the
47claim in writing to the head of the governmental entity, except
48that if the property is classified as agricultural pursuant to
49s. 193.461, the notice period is 90 days. The property owner
50must submit, along with the claim, a bona fide, valid appraisal
51that supports the claim and demonstrates the loss in fair market
52value to the real property. If the action of government is the
53culmination of a process that involves more than one
54governmental entity, or if a complete resolution of all relevant
55issues, in the view of the property owner or in the view of a
56governmental entity to whom a claim is presented, requires the
57active participation of more than one governmental entity, the
58property owner shall present the claim as provided in this
59section to each of the governmental entities.
60     (c)  During the 90-day-notice period or the 180-day-notice
61period, unless extended by agreement of the parties, the
62governmental entity shall make a written settlement offer to
63effectuate:
64     1.  An adjustment of land development or permit standards
65or other provisions controlling the development or use of land.
66     2.  Increases or modifications in the density, intensity,
67or 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
71mitigation.
72     6.  Location on the least sensitive portion of the
73property.
74     7.  Conditioning the amount of development or use
75permitted.
76     8.  A requirement that issues be addressed on a more
77comprehensive basis than a single proposed use or development.
78     9.  Issuance of the development order, a variance, special
79exception, or other extraordinary relief.
80     10.  Purchase of the real property, or an interest therein,
81by an appropriate governmental entity.
82     11.  No changes to the action of the governmental entity.
83
84If the property owner accepts the settlement offer, the
85governmental entity may implement the settlement offer by
86appropriate development agreement; by issuing a variance,
87special exception, or other extraordinary relief; or by other
88appropriate method, subject to paragraph (d).
89     (5)(a)  During the 90-day-notice period or the 180-day-
90notice period, unless a settlement offer is accepted by the
91property owner, each of the governmental entities provided
92notice pursuant to paragraph (4)(a) shall issue a written
93ripeness decision identifying the allowable uses to which the
94subject property may be put. The failure of the governmental
95entity to issue a written ripeness decision during the
96applicable 90-day-notice period or 180-day-notice period shall
97be deemed to ripen the prior action of the governmental entity,
98and shall operate as a ripeness decision that has been rejected
99by the property owner. The ripeness decision, as a matter of
100law, constitutes the last prerequisite to judicial review, and
101the matter shall be deemed ripe or final for the purposes of the
102judicial proceeding created by this section, notwithstanding the
103availability of other administrative remedies.
104     (6)
105     (c)1.  In any action filed pursuant to this section, the
106property owner is entitled to recover reasonable costs and
107attorney fees incurred by the property owner, from the
108governmental entity or entities, according to their
109proportionate share as determined by the court, from the date of
110the filing of the circuit court action, if the property owner
111prevails in the action and the court determines that the
112settlement offer, including the ripeness decision, of the
113governmental entity or entities did not constitute a bona fide
114offer to the property owner which reasonably would have resolved
115the claim, based upon the knowledge available to the
116governmental entity or entities and the property owner during
117the 90-day-notice period or the 180-day-notice period.
118     2.  In any action filed pursuant to this section, the
119governmental entity or entities are entitled to recover
120reasonable costs and attorney fees incurred by the governmental
121entity or entities from the date of the filing of the circuit
122court action, if the governmental entity or entities prevail in
123the action and the court determines that the property owner did
124not accept a bona fide settlement offer, including the ripeness
125decision, which reasonably would have resolved the claim fairly
126to the property owner if the settlement offer had been accepted
127by the property owner, based upon the knowledge available to the
128governmental entity or entities and the property owner during
129the 90-day-notice period or the 180-day-notice period.
130     3.  The determination of total reasonable costs and
131attorney fees pursuant to this paragraph shall be made by the
132court and not by the jury. Any proposed settlement offer or any
133proposed ripeness decision, except for the final written
134settlement offer or the final written ripeness decision, and any
135negotiations or rejections in regard to the formulation either
136of the settlement offer or the ripeness decision, are
137inadmissible in the subsequent proceeding established by this
138section except for the purposes of the determination pursuant to
139this paragraph.
140     Section 2.  Subsection (5) is added to section 163.3162,
141Florida Statutes, to read:
142     163.3162  Agricultural Lands and Practices Act.--
143     (5)  AMENDMENT TO LOCAL GOVERNMENT COMPREHENSIVE PLAN.--The
144owner of a parcel of land defined as an agricultural enclave
145under s. 163.3164(33) may apply for an amendment to the local
146government comprehensive plan pursuant to s. 163.3187. Such
147amendment is presumed to be consistent with rule 9J-5.006(5),
148Florida Administrative Code, and may include land uses and
149intensities of use that are consistent with the uses and
150intensities of use of the industrial, commercial, or residential
151areas that surround the parcel. This presumption may be rebutted
152by clear and convincing evidence. Each application for a
153comprehensive plan amendment under this subsection for a parcel
154larger than 640 acres must include appropriate new urbanism
155concepts such as clustering, mixed-use development, the creation
156of rural village and city centers, and the transfer of
157development rights in order to discourage urban sprawl while
158protecting landowner rights.
159     (a)  The local government and the owner of a parcel of land
160that is the subject of an application for an amendment shall
161have 180 days following the date that the local government
162receives a complete application to negotiate in good faith to
163reach consensus on the land uses and intensities of use that are
164consistent with the uses and intensities of use of the
165industrial, commercial, or residential areas that surround the
166parcel. Within 30 days after the local government's receipt of
167such an application, the local government and owner must agree
168in writing to a schedule for information submittal, public
169hearings, negotiations, and final action on the amendment, which
170schedule may thereafter be altered only with the written consent
171of the local government and the owner. Compliance with the
172schedule in the written agreement constitutes good-faith
173negotiations for purposes of paragraph (c).
174     (b)  Upon conclusion of good-faith negotiations under
175paragraph (a), regardless of whether the local government and
176owner reach consensus on the land uses and intensities of use
177that are consistent with the uses and intensities of use of the
178industrial, commercial, or residential areas that surround the
179parcel, the amendment must be transmitted to the state land
180planning agency for review pursuant to s. 163.3184. If the local
181government fails to transmit the amendment within 180 days after
182receipt of a complete application, the amendment must be
183immediately transferred to the state land planning agency for
184such review at the first available transmittal cycle. A plan
185amendment transmitted to the state land planning agency
186submitted under this subsection is presumed to be consistent
187with rule 9J-5.006(5), Florida Administrative Code. This
188presumption may be rebutted by clear and convincing evidence.
189     (c)  If the owner fails to negotiate in good faith, a plan
190amendment submitted under this subsection is not entitled to the
191rebuttable presumption under this subsection in the negotiation
192and amendment process.
193     (d)  Nothing within this subsection relating to
194agricultural enclaves shall preempt or replace any protection
195currently existing for any property located within the
196boundaries 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.
199373.4592(2).
200     Section 3.  Subsection (33) is added to section 163.3164,
201Florida Statutes, to read:
202     163.3164  Local Government Comprehensive Planning and Land
203Development Regulation Act; definitions.--As used in this act:
204     (33)  "Agricultural enclave" means an unincorporated,
205undeveloped parcel that:
206     (a)  Is owned by a single person or entity;
207     (b)  Has been in continuous use for bona fide agricultural
208purposes, as defined by s. 193.461, for a period of 5 years
209prior to the date of any comprehensive plan amendment
210application;
211     (c)  Is surrounded on at least 75 percent of its perimeter
212by:
213     1.  Property that has existing industrial, commercial, or
214residential development; or
215     2.  Property that the local government has designated, in
216the local government's comprehensive plan, zoning map, and
217future land use map, as land that is to be developed for
218industrial, commercial, or residential purposes, and at least 75
219percent of such property is existing industrial, commercial, or
220residential development;
221     (d)  Has public services, including water, wastewater,
222transportation, schools, and recreation facilities, available or
223such public services are scheduled in the capital improvement
224element to be provided by the local government or can be
225provided by an alternative provider of local government
226infrastructure in order to ensure consistency with applicable
227concurrency provisions of s. 163.3180; and
228     (e)  Does not exceed 1,280 acres; however, if the property
229is surrounded by existing or authorized residential development
230that will result in a density at buildout of at least 1,000
231residents per square mile, then the area shall be determined to
232be urban and the parcel may not exceed 4,480 acres.
233     Section 4.  Section 259.047, Florida Statutes, is created
234to read:
235     259.047  Acquisition of land on which an agricultural lease
236exists.--
237     (1)  When land with an existing agricultural lease is
238acquired in fee simple pursuant to this chapter or chapter 375,
239the existing agricultural lease may continue in force for the
240actual time remaining on the lease agreement. Any entity
241managing lands acquired under this section must consider
242existing agricultural leases in the development of a land
243management plan required under s. 253.034.
244     (2)  Where consistent with the purposes for which the
245property was acquired, the state or acquiring entity shall make
246reasonable efforts to keep lands in agricultural production
247which are in agricultural production at the time of acquisition.
248     Section 5.  Paragraph (a) of subsection (2) of section
249373.0361, 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
252least a 20-year planning period and shall include, but need not
253be limited to:
254     (a)  A water supply development component for each water
255supply planning region identified by the district which
256includes:
257     1.  A quantification of the water supply needs for all
258existing and future reasonable-beneficial uses within the
259planning horizon. The level-of-certainty planning goal
260associated with identifying the water supply needs of existing
261and future reasonable-beneficial uses shall be based upon
262meeting those needs for a 1-in-10-year drought event. Population
263projections used for determining public water supply needs must
264be based upon the best available data. In determining the best
265available data, the district shall consider the University of
266Florida's Bureau of Economic and Business Research (BEBR) medium
267population projections and any population projection data and
268analysis submitted by a local government pursuant to the public
269workshop described in subsection (1) if the data and analysis
270support the local government's comprehensive plan. Any
271adjustment of or deviation from the BEBR projections must be
272fully described, and the original BEBR data must be presented
273along with the adjusted data.
274     2.  A list of water supply development project options,
275including traditional and alternative water supply project
276options, from which local government, government-owned and
277privately owned utilities, regional water supply authorities,
278multijurisdictional water supply entities, self-suppliers, and
279others may choose for water supply development. In addition to
280projects listed by the district, such users may propose specific
281projects for inclusion in the list of alternative water supply
282projects. If such users propose a project to be listed as an
283alternative water supply project, the district shall determine
284whether it meets the goals of the plan, and, if so, it shall be
285included in the list. The total capacity of the projects
286included in the plan shall exceed the needs identified in
287subparagraph 1. and shall take into account water conservation
288and other demand management measures, as well as water resources
289constraints, including adopted minimum flows and levels and
290water reservations. Where the district determines it is
291appropriate, the plan should specifically identify the need for
292multijurisdictional approaches to project options that, based on
293planning level analysis, are appropriate to supply the intended
294uses and that, based on such analysis, appear to be permittable
295and financially and technically feasible. The list of water
296supply development options must contain provisions that
297recognize that alternative water supply options for agricultural
298self-suppliers are limited.
299     3.  For each project option identified in subparagraph 2.,
300the following shall be provided:
301     a.  An estimate of the amount of water to become available
302through the project.
303     b.  The timeframe in which the project option should be
304implemented and the estimated planning-level costs for capital
305investment and operating and maintaining the project.
306     c.  An analysis of funding needs and sources of possible
307funding options. For alternative water supply projects the water
308management districts shall provide funding assistance in
309accordance with s. 373.1961(3).
310     d.  Identification of the entity that should implement each
311project option and the current status of project implementation.
312     Section 6.  Section 373.2234, Florida Statutes, is amended
313to read:
314     373.2234  Preferred water supply sources.--The governing
315board of a water management district is authorized to adopt
316rules that identify preferred water supply sources for
317consumptive uses for which there is sufficient data to establish
318that a preferred source will provide a substantial new water
319supply to meet the existing and projected reasonable-beneficial
320uses of a water supply planning region identified pursuant to s.
321373.0361(1), while sustaining existing water resources and
322natural systems. At a minimum, such rules must contain a
323description of the preferred water supply source and an
324assessment of the water the preferred source is projected to
325produce. If an applicant proposes to use a preferred water
326supply source, that applicant's proposed water use is subject to
327s. 373.223(1), except that the proposed use of a preferred water
328supply source must be considered by a water management district
329when determining whether a permit applicant's proposed use of
330water is consistent with the public interest pursuant to s.
331373.223(1)(c). A consumptive use permit issued for the use of a
332preferred water supply source must be granted, when requested by
333the applicant, for at least a 20-year period and may be subject
334to the compliance reporting provisions of s. 373.236(4)(3).
335Nothing in this section shall be construed to exempt the use of
336preferred water supply sources from the provisions of ss.
337373.016(4) and 373.223(2) and (3), or be construed to provide
338that permits issued for the use of a nonpreferred water supply
339source must be issued for a duration of less than 20 years or
340that the use of a nonpreferred water supply source is not
341consistent with the public interest. Additionally, nothing in
342this section shall be interpreted to require the use of a
343preferred water supply source or to restrict or prohibit the use
344of a nonpreferred water supply source. Rules adopted by the
345governing board of a water management district to implement this
346section shall specify that the use of a preferred water supply
347source is not required and that the use of a nonpreferred water
348supply source is not restricted or prohibited.
349     Section 7.  Present subsections (2) and (3) of section
350373.236, Florida Statutes, are renumbered as subsections (3) and
351(4), respectively, present subsection (4) is renumbered as
352subsection (5) and amended, and a new subsection (2) is added to
353that section, to read:
354     373.236  Duration of permits; compliance reports.--
355     (2)  The Legislature finds that some agricultural
356landowners remain unaware of their ability to request a 20-year
357consumptive use permit under subsection (1) for initial permits
358or for renewals. Therefore, the water management districts shall
359inform agricultural applicants of this option in the application
360form.
361     (5)(4)  Permits approved for the development of alternative
362water supplies shall be granted for a term of at least 20 years.
363However, if the permittee issues bonds for the construction of
364the project, upon request of the permittee prior to the
365expiration of the permit, that permit shall be extended for such
366additional time as is required for the retirement of bonds, not
367including any refunding or refinancing of such bonds, provided
368that the governing board determines that the use will continue
369to meet the conditions for the issuance of the permit. Such a
370permit is subject to compliance reports under subsection (4)(3).
371     Section 8.  Section 373.407, Florida Statutes, is created
372to read:
373     373.407  Memorandum of agreement for an agricultural-
374related exemption.--No later than July 1, 2007, the Department
375of Agriculture and Consumer Services and each water management
376district shall enter into a memorandum of agreement under which
377the Department of Agricultural and Consumer Services shall
378assist in a determination by a water management district as to
379whether an existing or proposed activity qualifies for the
380exemption in s. 373.406(2). The memorandum of agreement shall
381provide a process by which, upon the request of a water
382management district, the Department of Agriculture and Consumer
383Services shall conduct a nonbinding review as to whether an
384existing or proposed activity qualifies for an agricultural-
385related exemption in s. 373.406(2). The memorandum of agreement
386shall provide processes and procedures by which the Department
387of Agriculture and Consumer Services shall undertake this review
388effectively and efficiently and issue a recommendation.
389     Section 9.  Section 601.992, Florida Statutes, is amended
390to read:
391     601.992  Collection of dues and other payments on behalf of
392certain nonprofit corporations engaged in market news and grower
393education.--The Florida Department of Citrus or the Department
394of Agriculture and Consumer Services or their successors its
395successor may collect dues, contributions, or any other
396financial payment upon request by, and on behalf of, any not-
397for-profit corporation, and its related not-for-profit
398corporations, located in this state which receives payments or
399dues from its members.  Such not-for-profit corporation must be
400engaged, to the exclusion of agricultural commodities other than
401citrus, in market news and grower education solely for citrus
402growers, and must have at least 5,000 members who are engaged in
403growing citrus in this state for commercial sale. The department
404may adopt rules pursuant to ss. 120.536(1) and 120.54 to
405implement this section. The rules may establish indemnity
406requirements for the requesting corporation and for fees to be
407charged to the corporation which are sufficient but do not
408exceed the amount necessary to ensure that any direct costs
409incurred by the department in implementing this section are
410borne by the requesting corporation and not by the department.  
411     Section 10.  This act shall take effect upon becoming a
412law.


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