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
7	for exceptions; providing a timeframe for submitting
8	certain information relating to proposed plan amendments;
9	creating a rebuttable presumption for denial of or failure
10	to approve plan amendments relating to agricultural
11	enclaves; providing concurrency for the treatment of
12	agricultural enclaves in relation to certain surrounding
13	lands; amending s. 163.3164, F.S.; revising the definition
14	of "agricultural enclave"; amending s. 163.3245, F.S.;
15	revising provisions relating to optional sector plans;
16	providing applicability to certain pending applications;
17	providing an effective 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 after presenting a claim to the local government as set
52	forth in s. 70.001(4)(a). The imposition of such conditions is
53	presumed to impose an inordinate burden. This presumption may be
54	rebutted by clear and convincing evidence. This subsection shall
55	not apply to comprehensive plan provisions, development
56	conditions, or land development regulations enacted by a local
57	government to address compatibility of land uses with military
58	operations or installations.
59	(a)  The local government and the owner of a parcel of land
60	that is the subject of an application for an amendment shall
61	have 180 days following the date that the local government
62	receives a complete application to negotiate in good faith to
63	reach consensus on the land uses, densities, and intensities of
64	use that are consistent with the uses, densities, and
65	intensities of use of the industrial, commercial, or residential
66	areas that surround the parcel. Within 30 days after the local
67	government's receipt of such an application, the local
68	government and owner must agree in writing to a schedule for
69	information submittal, public hearings, negotiations, and final
70	action on the amendment, which schedule may thereafter be
71	altered only with the written consent of the local government
72	and the owner. Compliance with the schedule in the written
73	agreement constitutes good faith negotiations for purposes of
74	paragraph (d) (c).
75	(b)  Upon conclusion of good faith negotiations under
76	paragraph (a), regardless of whether the local government and
77	owner reach consensus on the land uses, densities, and
78	intensities of use that are consistent with the uses, densities,
79	and intensities of use of the industrial, commercial, or
80	residential areas that surround the parcel, the amendment must
81	be transmitted to the state land planning agency for review
82	pursuant to s. 163.3184. If the local government fails to
83	transmit the amendment within 180 days after receipt of a
84	complete application, the amendment must be immediately
85	transferred to the state land planning agency for such review at
86	the first available transmittal cycle. A plan amendment
87	transmitted to the state land planning agency submitted under
88	this subsection is presumed to be consistent with rule 9J-
89	5.006(5), Florida Administrative Code. This presumption may be
90	rebutted by clear and convincing evidence.
91	(c)  Notwithstanding the provisions of a comprehensive
92	plan, after review by the state land planning agency, the owner
93	shall respond to any objections, recommendations, or comments
94	issued by the agency pursuant to s. 163.3184(6) and address each
95	compliance issue raised by the state land planning agency
96	related to the owner's property. If the department has issued no
97	objections, recommendations, or comments, or if the owner has
98	responded to any objections, recommendations, or comments and
99	the local government denies or fails to approve the amendment
100	within the time period specified in s. 163.3184(7), such denial
101	or failure to approve the amendment is presumed to impose an
102	inordinate burden, and the owner may apply to the circuit court
103	for appropriate relief pursuant to s. 70.001 after presenting a
104	claim to the local government as set forth in s. 70.001(4)(a). A
105	plan amendment reviewed by the land planning agency under this
106	subsection is presumed to be consistent with the provisions of
107	rule 9J-5.006(5), Florida Administrative Code. This presumption
108	may be rebutted by clear and convincing evidence.
109	(d)(c)  If the owner fails to negotiate in good faith, a
110	plan amendment submitted under this subsection is not entitled
111	to the rebuttable presumption under this subsection in the
112	negotiation and amendment process.
113	(e)(d)  Nothing within this subsection relating to
114	agricultural enclaves shall preempt or replace any protection
115	currently existing for any property located within the
116	boundaries of the following areas:
117	1.  The Wekiva Study Area, as described in s. 369.316; or
118	2.  The Everglades Protection Area, as defined in s.
119	373.4592(2).
120	(f)  For concurrency purposes, agricultural enclaves shall
121	be treated as any previously approved development surrounding
122	the agricultural enclave has been treated and calculated as the
123	average concurrency requirements within 3 miles of the perimeter
124	of the parcel.
125	Section 2.  Paragraph (d) of subsection (33) of section
126	163.3164, Florida Statutes, is amended to read:
127	163.3164  Local Government Comprehensive Planning and Land
128	Development Regulation Act; definitions.--As used in this act:
129	(33)  "Agricultural enclave" means an unincorporated,
130	undeveloped parcel that:
131	(d)  Has public services, including water, wastewater,
132	transportation, schools, and recreation facilities, available or
133	such public services are scheduled in the capital improvement
134	element to be provided by the local government or can be
135	provided by an alternative provider of local government
136	infrastructure in order to ensure consistency with applicable
137	concurrency provisions of s. 163.3180; and
138	Section 3.  Subsections (6) and (7) of section 163.3245,
139	Florida Statutes, are renumbered as subsections (7) and (8),
140	respectively, and a new subsection (6) is added to that section
141	to read:
142	163.3245  Optional sector plans.--
143	(6)  If an application for development approval or an
144	application for a comprehensive plan amendment pursuant to this
145	part has been filed and is pending prior to the effective date
146	of a sector plan, the application shall only be required to
147	comply with the provisions of a subsequently adopted sector plan
148	upon written consent of the applicant. This subsection applies
149	to all applications within a sector planning area pending before
150	a local government on or before December 31, 2007.
151	Section 4.  This act shall take effect July 1, 2008.

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