CS/HB 1173

1	A bill to be entitled
2	An act relating to land development regulation; amending
3	s. 163.3162, F.S.; providing for the use of certain lands
4	surrounding an agricultural enclave; creating a rebuttable
5	presumption for the imposition of certain development
6	conditions relating to agricultural enclaves; providing a
7	timeframe for submitting certain information relating to
8	proposed plan amendments; creating a rebuttable
9	presumption for denial of or failure to approve plan
10	amendments relating to agricultural enclaves; providing
11	concurrency for the treatment of agricultural enclaves in
12	relation to certain surrounding lands; amending s.
13	163.3164, F.S.; revising the definition of "agricultural
14	enclave"; amending s. 163.3245, F.S.; revising provisions
15	relating to optional sector plans; providing applicability
16	to certain pending applications; providing an effective
17	date.
18
19	Be It Enacted by the Legislature of the State of Florida:
20
21	Section 1.  Subsection (5) of section 163.3162, Florida
22	Statutes, is amended to read:
23	163.3162  Agricultural Lands and Practices Act.--
24	(5)  AMENDMENT TO LOCAL GOVERNMENT COMPREHENSIVE PLAN.--The
25	owner of a parcel of land defined as an agricultural enclave
26	under s. 163.3164(33) may apply for an amendment to the local
27	government comprehensive plan pursuant to s. 163.3187. Such
28	amendment is presumed to be consistent with rule 9J-5.006(5),
29	Florida Administrative Code, and may include land uses,
30	densities, and intensities of use that are consistent with the
31	uses, densities, and intensities of use of the industrial,
32	commercial, or residential areas that surround the parcel. This
33	presumption may be rebutted by clear and convincing evidence.
34	Each application for a comprehensive plan amendment under this
35	subsection for a parcel larger than 640 acres must include
36	appropriate new urbanism concepts such as clustering, mixed-use
37	development, the creation of rural village and city centers, and
38	the transfer of development rights in order to discourage urban
39	sprawl while protecting landowner rights. Notwithstanding the
40	provisions of a comprehensive plan, the local government may not
41	prohibit land uses, densities, and intensities of use that are
42	consistent with the uses, densities, and intensities of use of
43	the industrial, commercial, or residential areas that surround
44	the parcel. Densities and intensities of use for an agricultural
45	enclave shall, at minimum, be calculated as the average density
46	or intensity of uses within 3 miles of the perimeter of the
47	parcel. If a local government imposes development conditions
48	that prevent the owner from achieving consistent densities and
49	intensities of use pursuant to this subsection, the owner may
50	apply to the circuit court for appropriate relief pursuant to s.
51	70.001. The imposition of such conditions is presumed to impose
52	an inordinate burden. This presumption may be rebutted by clear
53	and convincing evidence.
54	(a)  The local government and the owner of a parcel of land
55	that is the subject of an application for an amendment shall
56	have 180 days following the date that the local government
57	receives a complete application to negotiate in good faith to
58	reach consensus on the land uses, densities, and intensities of
59	use that are consistent with the uses, densities, and
60	intensities of use of the industrial, commercial, or residential
61	areas that surround the parcel. Within 30 days after the local
62	government's receipt of such an application, the local
63	government and owner must agree in writing to a schedule for
64	information submittal, public hearings, negotiations, and final
65	action on the amendment, which schedule may thereafter be
66	altered only with the written consent of the local government
67	and the owner. Compliance with the schedule in the written
68	agreement constitutes good faith negotiations for purposes of
69	paragraph (d) (c).
70	(b)  Upon conclusion of good faith negotiations under
71	paragraph (a), regardless of whether the local government and
72	owner reach consensus on the land uses, densities, and
73	intensities of use that are consistent with the uses, densities,
74	and intensities of use of the industrial, commercial, or
75	residential areas that surround the parcel, the amendment must
76	be transmitted to the state land planning agency for review
77	pursuant to s. 163.3184. If the local government fails to
78	transmit the amendment within 180 days after receipt of a
79	complete application, the amendment must be immediately
80	transferred to the state land planning agency for such review at
81	the first available transmittal cycle. A plan amendment
82	transmitted to the state land planning agency submitted under
83	this subsection is presumed to be consistent with rule 9J-
84	5.006(5), Florida Administrative Code. This presumption may be
85	rebutted by clear and convincing evidence.
86	(c)  Notwithstanding the provisions of a comprehensive
87	plan, after review by the state land planning agency, the owner
88	shall respond to any objections, recommendations, or comments
89	issued by the agency pursuant to s. 163.3184(6). If the
90	department has issued no objections, recommendations, or
91	comments, or if the owner has responded to any objections,
92	recommendations, or comments and the local government denies or
93	fails to approve the amendment within the time period specified
94	in s. 163.3184(7), such denial or failure to approve the
95	amendment is presumed to impose an inordinate burden, and the
96	owner may apply to the circuit court for appropriate relief
97	pursuant to s. 70.001. A plan amendment reviewed by the land
98	planning agency under this subsection is presumed to be
99	consistent with the provisions of rule 9J-5.006(5), Florida
100	Administrative Code. This presumption may be rebutted by clear
101	and convincing evidence.
102	(d)(c)  If the owner fails to negotiate in good faith, a
103	plan amendment submitted under this subsection is not entitled
104	to the rebuttable presumption under this subsection in the
105	negotiation and amendment process.
106	(e)(d)  Nothing within this subsection relating to
107	agricultural enclaves shall preempt or replace any protection
108	currently existing for any property located within the
109	boundaries of the following areas:
110	1.  The Wekiva Study Area, as described in s. 369.316; or
111	2.  The Everglades Protection Area, as defined in s.
112	373.4592(2).
113	(f)  For concurrency purposes, agricultural enclaves shall
114	be treated as any previously approved development surrounding
115	the agricultural enclave has been treated and calculated as the
116	average concurrency requirements within 3 miles of the perimeter
117	of the parcel.
118	Section 2.  Paragraph (d) of subsection (33) of section
119	163.3164, Florida Statutes, is amended to read:
120	163.3164  Local Government Comprehensive Planning and Land
121	Development Regulation Act; definitions.--As used in this act:
122	(33)  "Agricultural enclave" means an unincorporated,
123	undeveloped parcel that:
124	(d)  Has public services, including water, wastewater,
125	transportation, schools, and recreation facilities, available or
126	such public services are scheduled in the capital improvement
127	element to be provided by the local government or can be
128	provided by an alternative provider of local government
129	infrastructure in order to ensure consistency with applicable
130	concurrency provisions of s. 163.3180; and
131	Section 3.  Subsections (6) and (7) of section 163.3245,
132	Florida Statutes, are renumbered as subsections (7) and (8),
133	respectively, and a new subsection (6) is added to that section
134	to read:
135	163.3245  Optional sector plans.--
136	(6)  If an application for development approval or an
137	application for a comprehensive plan amendment pursuant to this
138	part has been filed and is pending prior to the effective date
139	of a sector plan, the application shall only be required to
140	comply with the provisions of a subsequently adopted sector plan
141	upon written consent of the applicant. This subsection applies
142	to all applications within a sector planning area pending before
143	a local government on or before December 31, 2007.
144	Section 4.  This act shall take effect July 1, 2008.

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