Florida Senate - 2008 SB 2246
By Senator Baker
20-03268A-08 20082246__
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; amending s.
11
163.3245, F.S.; revising provisions relating to optional
12
sector plans; providing applicability to certain pending
13
applications; providing an effective date.
14
15
Be It Enacted by the Legislature of the State of Florida:
16
17
Section 1. Subsection (5) of section 163.3162, Florida
18
Statutes, is amended to read:
19
163.3162 Agricultural Lands and Practices Act.--
20
(5) AMENDMENT TO LOCAL GOVERNMENT COMPREHENSIVE PLAN.--The
21
owner of a parcel of land defined as an agricultural enclave
22
under s. 163.3164(33) may apply for an amendment to the local
23
government comprehensive plan pursuant to s. 163.3187. Such
24
amendment is presumed to be consistent with rule 9J-5.006(5),
25
Florida Administrative Code, and may include land uses and
26
intensities of use that are consistent with the uses and
27
intensities of use of the industrial, commercial, or residential
28
areas that surround the parcel. This presumption may be rebutted
29
by clear and convincing evidence. Each application for a
30
comprehensive plan amendment under this subsection for a parcel
31
larger than 640 acres must include appropriate new urbanism
32
concepts such as clustering, mixed-use development, the creation
33
of rural village and city centers, and the transfer of
34
development rights in order to discourage urban sprawl while
35
protecting landowner rights. Notwithstanding the provisions of a
36
comprehensive plan, the local government may not prohibit land
37
uses and intensities of use that are consistent with the uses and
38
intensities of use of the industrial, commercial, or residential
39
areas that surround the parcel to a distance equal to the longest
40
dimension of the parcel. Intensities of uses surrounding an
41
agricultural enclave shall, at minimum, be the average intensity
42
with the surrounding area as defined herein. If a local
43
government imposes development conditions that prevent the owner
44
from achieving consistent densities and intensities of use
45
pursuant to this subsection, the owner may apply to the circuit
46
court for appropriate relief pursuant to s. 70.001. The
47
imposition of such conditions is presumed to impose an inordinate
48
burden. This presumption may be rebutted by clear and convincing
49
evidence.
50
(a) The local government and the owner of a parcel of land
51
that is the subject of an application for an amendment shall have
52
180 days following the date that the local government receives a
53
complete application to negotiate in good faith to reach
54
consensus on the land uses and intensities of use that are
55
consistent with the uses and intensities of use of the
56
industrial, commercial, or residential areas that surround the
57
parcel. Within 30 days after the local government's receipt of
58
such an application, the local government and owner must agree in
59
writing to a schedule for information submittal, public hearings,
60
negotiations, and final action on the amendment, which schedule
61
may thereafter be altered only with the written consent of the
62
local government and the owner. Compliance with the schedule in
63
the written agreement constitutes good faith negotiations for
64
purposes of paragraph (d) (c).
65
(b) Upon conclusion of good faith negotiations under
66
paragraph (a), regardless of whether the local government and
67
owner reach consensus on the land uses and intensities of use
68
that are consistent with the uses and intensities of use of the
69
industrial, commercial, or residential areas that surround the
70
parcel, the amendment must be transmitted to the state land
71
planning agency for review pursuant to s. 163.3184. If the local
72
government fails to transmit the amendment within 180 days after
73
receipt of a complete application, the amendment must be
74
immediately transferred to the state land planning agency for
75
such review at the first available transmittal cycle. A plan
76
amendment transmitted to the state land planning agency submitted
77
under this subsection is presumed to be consistent with rule 9J-
78
5.006(5), Florida Administrative Code. This presumption may be
79
rebutted by clear and convincing evidence.
80
(c) Notwithstanding any provisions of a comprehensive plan
81
to the contrary, after review by the state land planning agency,
82
the owner shall respond to any objections, recommendations, or
83
comments issued by the agency pursuant to s. 163.3184(6). If the
84
department has issued no objections, recommendations, or
85
comments, or if the owner has responded to any objections,
86
recommendations, or comments and the local government denies or
87
fails to approve the amendment within the time period specified
88
in s. 163.3184(7), the owner may apply to the circuit court for
89
appropriate relief pursuant to s. 70.001 on the basis that the
90
denial or failure to approve the amendment constitutes an
91
inordinate burden. A plan amendment reviewed by the land planning
92
agency under this subsection is presumed to be consistent with
93
the provisions of rule 9J-5.006(5), Florida Administrative Code.
94
This presumption may be rebutted by clear and convincing
95
evidence.
96
(d)(c) If the owner fails to negotiate in good faith, a
97
plan amendment submitted under this subsection is not entitled to
98
the rebuttable presumption under this subsection in the
99
negotiation and amendment process.
100
(e)(d) Nothing within this subsection relating to
101
agricultural enclaves shall preempt or replace any protection
102
currently existing for any property located within the boundaries
103
of the following areas:
104
1. The Wekiva Study Area, as described in s. 369.316; or
105
2. The Everglades Protection Area, as defined in s.
106
373.4592(2).
107
Section 2. Present subsections (6) and (7) of section
108
163.3245, Florida Statutes, are renumbered as subsections (7) and
109
(8), respectively, and a new subsection (6) is added to that
110
section, to read:
111
163.3245 Optional sector plans.--
112
(6) If an application for development approval or an
113
application for a comprehensive plan amendment pursuant to this
114
part has been filed and is pending prior to the effective date of
115
a sector plan, the application shall only be required to comply
116
with the provisions of a subsequently adopted sector plan upon
117
written consent of the applicant. This subsection applies to all
118
applications within a sector planning area pending before a local
119
government on or before December 31, 2007.
120
Section 3. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.