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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; providing

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concurrency standards for agricultural enclaves in

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relation to previously approved development contiguous to

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the enclave; amending s. 163.3245, F.S.; revising

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provisions relating to optional sector plans; providing

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applicability to certain pending applications; amending s.

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163.3164, F.S.; revising the definition of "agricultural

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enclave"; 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,

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densities, and intensities of use that are consistent with the

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uses, densities, and intensities of use of the industrial,

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commercial, or residential areas that surround the parcel. This

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presumption may be rebutted by clear and convincing evidence.

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Each application for a comprehensive plan amendment under this

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subsection for a parcel larger than 640 acres must include

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appropriate new urbanism concepts such as clustering, mixed-use

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development, the creation of rural village and city centers, and

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the transfer of development rights in order to discourage urban

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sprawl while protecting landowner rights. Notwithstanding the

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provisions of a comprehensive plan, the local government may not

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prohibit land uses, densities, and intensities of use that are

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consistent with the uses, densities, and intensities of use of

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the industrial, commercial, or residential areas that surround

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the parcel. Densities and intensities of uses for an agricultural

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enclave shall, at minimum, be calculated as the average density

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or intensity of uses within 3 miles of the perimeter of the

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parcel. If a local government imposes development conditions that

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prevent the owner from achieving consistent densities and

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intensities of use pursuant to this subsection, the owner may

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apply to the circuit court for appropriate relief pursuant to s.

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70.001 after presenting a claim to the local government as set

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forth in s. 70.001(4)(a). The imposition of such conditions is

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presumed to impose an inordinate burden. This presumption may be

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rebutted by clear and convincing 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, densities, and intensities of use

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that are consistent with the uses, densities, and intensities of

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use of the industrial, commercial, or residential areas that

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surround the parcel. Within 30 days after the local government's

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receipt of such an application, the local government and owner

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must agree in writing to a schedule for information submittal,

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public hearings, negotiations, and final action on the amendment,

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which schedule may thereafter be altered only with the written

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consent of the local government and the owner. Compliance with

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the schedule in the written agreement constitutes good faith

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negotiations for 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, densities, and

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intensities of use that are consistent with the uses, densities,

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and intensities of use of the industrial, commercial, or

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residential areas that surround the parcel, the amendment must be

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transmitted to the state land planning agency for review pursuant

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to s. 163.3184. If the local government fails to transmit the

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amendment within 180 days after receipt of a complete

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application, the amendment must be immediately transferred to the

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state land planning agency for such review at the first available

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transmittal cycle. A plan amendment transmitted to the state land

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planning agency submitted under this subsection is presumed to be

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consistent with 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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     (c) Notwithstanding the provisions of a comprehensive plan,

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after review by the state land planning agency, the owner shall

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respond to any objections, recommendations, or comments issued by

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the agency pursuant to s. 163.3184(6). If the department has not

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issued any objections, recommendations, or comments, or if the

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owner has responded to any objections, recommendations, or

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comments and the local government denies or fails to approve the

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amendment within the time period specified in s. 163.3184(7),

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such denial or failure to approve the amendment is presumed to

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impose an inordinate burden, and the owner may apply to the

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circuit court for appropriate relief pursuant to s. 70.001 after

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presenting a claim to the local government as set forth in s.

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70.001(4)(a). 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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     (f) An agricultural enclave shall not be subjected to

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higher concurrency standards than the concurrency standards

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applied to previously approved development within 3 miles of the

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perimeter of the enclave.

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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.  Subsections (6) and (7) of section 163.3245,

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Florida Statutes, are renumbered as subsections (7) and (8),

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

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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.  Subsection (33) of section 163.3164, Florida

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Statutes, is amended to read:

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     163.3164  Local Government Comprehensive Planning and Land

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Development Regulation Act; definitions.--As used in this act:

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     (33)  "Agricultural enclave" means an unincorporated,

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undeveloped parcel that:

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     (a)  Is owned by a single person or entity;

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     (b)  Has been in continuous use for bona fide agricultural

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purposes, as defined by s. 193.461, for a period of 5 years prior

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to the date of any comprehensive plan amendment application;

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     (c)  Is surrounded on at least 75 percent of its perimeter

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by:

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     1.  Property that has existing industrial, commercial, or

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residential development; or

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     2.  Property that the local government has designated, in

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the local government's comprehensive plan, zoning map, and future

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land use map, as land that is to be developed for industrial,

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commercial, or residential purposes, and at least 75 percent of

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such property is existing industrial, commercial, or residential

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development;

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     (d)  Has public services, including water, wastewater,

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transportation, schools, and recreation facilities, available or

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such public services are scheduled in the capital improvement

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element to be provided by the local government or can be provided

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by an alternative provider of local government infrastructure in

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order to ensure consistency with applicable concurrency

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provisions of s. 163.3180; and

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     (e)  Does not exceed 1,280 acres; however, if the property

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is surrounded by existing or authorized residential development

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that will result in a density at buildout of at least 1,000

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residents per square mile, then the area shall be determined to

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be urban and the parcel may not exceed 4,480 acres.

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     Section 4.  This act shall take effect July 1, 2008.