Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for SB 1880
                        Barcode 452570
                            CHAMBER ACTION
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11  The Committee on Community Affairs (Clary) recommended the
12  following amendment:
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14         Senate Amendment (with title amendment) 
15         On page 5, line 21, through
16            page 8, line 16, delete those lines
17  
18  and insert:  
19         Section 2.  Subsection (5) is added to section
20  163.3162, Florida Statutes, to read:
21         163.3162  Agricultural Lands and Practices Act.--
22         (5)  AMENDMENT TO LOCAL GOVERNMENT COMPREHENSIVE
23  PLAN.--The owner of a parcel of land defined as an
24  agricultural enclave under s. 163.3164(33) may apply for an
25  amendment to the local government comprehensive plan pursuant
26  to s. 163.3187. Such amendment is not subject to rule
27  9J-5.006(5), Florida Administrative Code, and may include land
28  uses and intensities of use that are consistent with the uses
29  and intensities of use of the industrial, commercial, or
30  residential areas that surround the parcel. Each application
31  for a comprehensive plan amendment under this subsection for a
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    1:45 PM   04/17/06                           s1880c1c-ca04-c8t

Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1880 Barcode 452570 1 parcel larger than 640 acres must include appropriate new 2 urbanism concepts such as clustering, mixed-use development, 3 the creation of rural village and city centers, and the 4 transfer of development rights in order to discourage urban 5 sprawl while protecting landowner rights. 6 (a) The local government and the owner of a parcel of 7 land that is the subject of an application for an amendment 8 shall have 180 days following the date that the local 9 government receives a complete application to negotiate in 10 good faith to reach consensus on the land uses and intensities 11 of use that are consistent with the uses and intensities of 12 use of the industrial, commercial, or residential areas that 13 surround the parcel. Within 30 days after the local 14 government's receipt of such an application, the local 15 government and owner must agree in writing to a schedule for 16 information submittal, public hearings, negotiations, and 17 final action on the amendment, which schedule may thereafter 18 be altered only with the written consent of the local 19 government and the owner. Compliance with the schedule in the 20 written agreement constitutes good-faith negotiations for 21 purposes of paragraph (c). 22 (b) Upon conclusion of good-faith negotiations under 23 paragraph (a), regardless of whether the local government and 24 owner reach consensus on the land uses and intensities of use 25 that are consistent with the uses and intensities of use of 26 the industrial, commercial, or residential areas that surround 27 the parcel, the amendment must be transmitted to the state 28 land planning agency for review pursuant to s. 163.3184. If 29 the local government fails to transmit the amendment within 30 180 days after receipt of a complete application, the 31 amendment must be immediately transferred to the state land 2 1:45 PM 04/17/06 s1880c1c-ca04-c8t
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1880 Barcode 452570 1 planning agency for such review at the first available 2 transmittal cycle. The state land planning agency may not use 3 any provision of rule 9J-5.006(5), Florida Administrative 4 Code, as a factor in determining compliance of an amendment. 5 (c) If the owner fails to negotiate in good faith, 6 rule 9J-5.006(5), Florida Administrative Code, shall apply 7 throughout the negotiation and amendment process. 8 (d) Nothing within this subsection relating to 9 agricultural enclaves shall preempt or replace any protection 10 currently existing for any property located within the 11 boundaries of the following areas: 12 1. The Wekiva Study Area, as described in s. 369.316; 13 or 14 2. The Everglades Protection Area, as defined in s. 15 373.4592(2). 16 Section 3. Subsection (33) is added to section 17 163.3164, Florida Statutes, to read: 18 163.3164 Local Government Comprehensive Planning and 19 Land Development Regulation Act; definitions.--As used in this 20 act: 21 (33) "Agricultural enclave" means an unincorporated, 22 undeveloped parcel that: 23 (a) Is owned by a single person or entity; 24 (b) Has been in continuous use for bona fide 25 agricultural purposes, as defined by s. 193.461, for a period 26 of 5 years prior to the date of any comprehensive plan 27 amendment application; 28 (c) Is surrounded on at least 75 percent of its 29 perimeter by: 30 1. Property that has existing industrial, commercial, 31 or residential development; or 3 1:45 PM 04/17/06 s1880c1c-ca04-c8t
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1880 Barcode 452570 1 2. Property that the local government has designated, 2 in the local government's comprehensive plan, zoning map, and 3 future land use map, as land that is to be developed for 4 industrial, commercial, or residential purposes, and at least 5 75 percent of such property is existing industrial, 6 commercial, or residential development; 7 (d) Has public services, including water, wastewater, 8 transportation, schools, and recreation facilities, available 9 or such public services are scheduled in the capital 10 improvement element to be provided by the local government or 11 can be provided by an alternative provider of local government 12 infrastructure in order to ensure consistency with applicable 13 concurrency provisions of s. 163.3180; and 14 (e) Does not exceed 2,560 acres; however, if the 15 property is surrounded by existing or authorized residential 16 development that will result in a density at buildout of at 17 least 1,000 residents per square mile, then the area shall be 18 determined to be urban and the parcel may not exceed 5,120 19 acres. 20 21 22 ================ T I T L E A M E N D M E N T =============== 23 And the title is amended as follows: 24 On page 1, lines 8 through 19, delete those lines 25 26 and insert: 27 163.3162, F.S.; providing for application for 28 an amendment to the local government 29 comprehensive plan by the owner of land that 30 meets certain provisions of the definition of 31 an agricultural enclave; providing requirements 4 1:45 PM 04/17/06 s1880c1c-ca04-c8t
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1880 Barcode 452570 1 relating to such applications; exempting 2 certain amendments from specified rules of the 3 Department of Community Affairs under certain 4 circumstances; amending s. 163.3164, F.S.; 5 defining the term "agricultural enclave" for 6 purposes of the Local Government Comprehensive 7 Planning and Land Development Regulation Act; 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 5 1:45 PM 04/17/06 s1880c1c-ca04-c8t