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A bill to be entitled

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An act relating to land development regulation; amending

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s. 163.3162, F.S.; providing for the use of certain lands

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surrounding an agricultural enclave; creating a rebuttable

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presumption for the imposition of certain development

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conditions relating to agricultural enclaves; providing a

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timeframe for submitting certain information relating to

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proposed plan amendments; creating a rebuttable

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presumption for denial of or failure to approve plan

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amendments relating to agricultural enclaves; amending s.

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163.3245, F.S.; revising provisions relating to optional

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sector plans; providing applicability to certain pending

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applications; providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Subsection (5) of section 163.3162, Florida

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Statutes, is amended to read:

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     163.3162  Agricultural Lands and Practices Act.--

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     (5)  AMENDMENT TO LOCAL GOVERNMENT COMPREHENSIVE PLAN.--The

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owner of a parcel of land defined as an agricultural enclave

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under s. 163.3164(33) may apply for an amendment to the local

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government comprehensive plan pursuant to s. 163.3187. Such

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amendment is presumed to be consistent with rule 9J-5.006(5),

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Florida Administrative Code, and may include land uses and

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intensities of use that are consistent with the uses and

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intensities of use of the industrial, commercial, or residential

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areas that surround the parcel. This presumption may be rebutted

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by clear and convincing evidence. Each application for a

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comprehensive plan amendment under this subsection for a parcel

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larger than 640 acres must include appropriate new urbanism

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concepts such as clustering, mixed-use development, the creation

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of rural village and city centers, and the transfer of

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development rights in order to discourage urban sprawl while

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protecting landowner rights. Notwithstanding the provisions of a

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comprehensive plan, the local government may not prohibit land

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uses and intensities of use that are consistent with the uses and

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intensities of use of the industrial, commercial, or residential

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areas that surround the parcel to a distance equal to the longest

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dimension of the parcel. Intensities of uses surrounding an

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agricultural enclave shall, at minimum, be the average intensity

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with the surrounding area as defined herein. If a local

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government imposes development conditions that prevent the owner

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from achieving consistent densities and intensities of use

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pursuant to this subsection, the owner may apply to the circuit

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court for appropriate relief pursuant to s. 70.001. The

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imposition of such conditions is presumed to impose an inordinate

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burden. This presumption may be rebutted by clear and convincing

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evidence.

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     (a)  The local government and the owner of a parcel of land

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that is the subject of an application for an amendment shall have

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180 days following the date that the local government receives a

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complete application to negotiate in good faith to reach

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consensus on the land uses and intensities of use that are

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consistent with the uses and intensities of use of the

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industrial, commercial, or residential areas that surround the

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parcel. Within 30 days after the local government's receipt of

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such an application, the local government and owner must agree in

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writing to a schedule for information submittal, public hearings,

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negotiations, and final action on the amendment, which schedule

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may thereafter be altered only with the written consent of the

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local government and the owner. Compliance with the schedule in

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the written agreement constitutes good faith negotiations for

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purposes of paragraph (d) (c).

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     (b)  Upon conclusion of good faith negotiations under

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paragraph (a), regardless of whether the local government and

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owner reach consensus on the land uses and intensities of use

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that are consistent with the uses and intensities of use of the

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industrial, commercial, or residential areas that surround the

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parcel, the amendment must be transmitted to the state land

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planning agency for review pursuant to s. 163.3184. If the local

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government fails to transmit the amendment within 180 days after

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receipt of a complete application, the amendment must be

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immediately transferred to the state land planning agency for

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such review at the first available transmittal cycle. A plan

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amendment transmitted to the state land planning agency submitted

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under this subsection is presumed to be consistent with rule 9J-

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5.006(5), Florida Administrative Code. This presumption may be

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rebutted by clear and convincing evidence.

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     (c) Notwithstanding any provisions of a comprehensive plan

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to the contrary, after review by the state land planning agency,

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the owner shall respond to any objections, recommendations, or

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comments issued by the agency pursuant to s. 163.3184(6). If the

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department has issued no objections, recommendations, or

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comments, or if the owner has responded to any objections,

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recommendations, or comments and the local government denies or

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fails to approve the amendment within the time period specified

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in s. 163.3184(7), the owner may apply to the circuit court for

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appropriate relief pursuant to s. 70.001 on the basis that the

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denial or failure to approve the amendment constitutes an

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inordinate burden. A plan amendment reviewed by the land planning

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agency under this subsection is presumed to be consistent with

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the provisions of rule 9J-5.006(5), Florida Administrative Code.

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This presumption may be rebutted by clear and convincing

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evidence.

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     (d)(c) If the owner fails to negotiate in good faith, a

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plan amendment submitted under this subsection is not entitled to

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the rebuttable presumption under this subsection in the

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negotiation and amendment process.

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     (e)(d) Nothing within this subsection relating to

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agricultural enclaves shall preempt or replace any protection

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currently existing for any property located within the boundaries

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of the following areas:

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     1.  The Wekiva Study Area, as described in s. 369.316; or

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     2.  The Everglades Protection Area, as defined in s.

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373.4592(2).

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     Section 2.  Present subsections (6) and (7) of section

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163.3245, Florida Statutes, are renumbered as subsections (7) and

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(8), respectively, and a new subsection (6) is added to that

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section, to read:

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     163.3245  Optional sector plans.--

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     (6) If an application for development approval or an

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application for a comprehensive plan amendment pursuant to this

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part has been filed and is pending prior to the effective date of

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a sector plan, the application shall only be required to comply

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with the provisions of a subsequently adopted sector plan upon

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written consent of the applicant. This subsection applies to all

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applications within a sector planning area pending before a local

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government on or before December 31, 2007.

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     Section 3.  This act shall take effect July 1, 2008.