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A bill to be entitled

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An act relating to alternative water resource projects;

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amending s. 163.3177, F.S., relating to the elements of a

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comprehensive plan; authorizing transferable rural land

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use credits for certain alternative water resource

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projects if a local government has established a rural

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land stewardship area; providing economic and other

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incentives for certain alternative water supply projects

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that are incorporated into the rural land stewardship

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area; amending s. 373.196, F.S.; authorizing a water

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management district to enter into an agreement with a

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private entity, a regional water supply authority, or a

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water utility to provide long-term consumptive use rights

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in exchange for contributions to alternative water

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resource development projects; providing an effective

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date.

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

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     Section 1.  Paragraph (d) of subsection (11) of section

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163.3177, Florida Statutes, is amended to read:

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     163.3177  Required and optional elements of comprehensive

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plan; studies and surveys.--

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     (11)

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     (d)1.  The department, in cooperation with the Department of

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Agriculture and Consumer Services, the Department of

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Environmental Protection, water management districts, and

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regional planning councils, shall provide assistance to local

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governments in the implementation of this paragraph and rule 9J-

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5.006(5)(l), Florida Administrative Code. Implementation of those

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provisions shall include a process by which the department may

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authorize local governments to designate all or portions of lands

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classified in the future land use element as predominantly

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agricultural, rural, open, open-rural, or a substantively

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equivalent land use, as a rural land stewardship area within

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which planning and economic incentives are applied to encourage

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the implementation of innovative and flexible planning and

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development strategies and creative land use planning techniques,

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including those contained herein and in rule 9J-5.006(5)(l),

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Florida Administrative Code. Assistance may include, but is not

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limited to:

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     a.  Assistance from the Department of Environmental

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Protection and water management districts in creating the

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geographic information systems land cover database and aerial

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photogrammetry needed to prepare for a rural land stewardship

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area;

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     b.  Support for local government implementation of rural

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land stewardship concepts by providing information and assistance

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to local governments regarding land acquisition programs that may

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be used by the local government or landowners to leverage the

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protection of greater acreage and maximize the effectiveness of

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rural land stewardship areas; and

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     c.  Expansion of the role of the Department of Community

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Affairs as a resource agency to facilitate establishment of rural

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land stewardship areas in smaller rural counties that do not have

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the staff or planning budgets to create a rural land stewardship

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area.

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     2.  The department shall encourage participation by local

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governments of different sizes and rural characteristics in

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establishing and implementing rural land stewardship areas. It is

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the intent of the Legislature that rural land stewardship areas

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be used to further the following broad principles of rural

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sustainability: restoration and maintenance of the economic value

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of rural land; control of urban sprawl; identification and

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protection of ecosystems, habitats, and natural resources;

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promotion of rural economic activity; maintenance of the

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viability of Florida's agricultural economy; and protection of

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the character of rural areas of Florida. Rural land stewardship

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areas may be multicounty in order to encourage coordinated

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regional stewardship planning.

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     3.  A local government, in conjunction with a regional

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planning council, a stakeholder organization of private land

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owners, or another local government, shall notify the department

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in writing of its intent to designate a rural land stewardship

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area. The written notification shall describe the basis for the

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designation, including the extent to which the rural land

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stewardship area enhances rural land values, controls urban

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sprawl, provides necessary open space for agriculture and

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protection of the natural environment, promotes rural economic

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activity, and maintains rural character and the economic

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viability of agriculture.

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     4.  A rural land stewardship area shall be not less than

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10,000 acres and shall be located outside of municipalities and

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established urban growth boundaries, and shall be designated by

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plan amendment. The plan amendment designating a rural land

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stewardship area shall be subject to review by the Department of

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Community Affairs pursuant to s. 163.3184 and shall provide for

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the following:

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     a.  Criteria for the designation of receiving areas within

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rural land stewardship areas in which innovative planning and

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development strategies may be applied. Criteria shall at a

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minimum provide for the following: adequacy of suitable land to

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accommodate development so as to avoid conflict with

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environmentally sensitive areas, resources, and habitats;

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compatibility between and transition from higher density uses to

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lower intensity rural uses; the establishment of receiving area

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service boundaries which provide for a separation between

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receiving areas and other land uses within the rural land

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stewardship area through limitations on the extension of

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services; and connection of receiving areas with the rest of the

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rural land stewardship area using rural design and rural road

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corridors.

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     b.  Goals, objectives, and policies setting forth the

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innovative planning and development strategies to be applied

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within rural land stewardship areas pursuant to the provisions of

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this section.

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     c.  A process for the implementation of innovative planning

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and development strategies within the rural land stewardship

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area, including those described in this subsection and rule 9J-

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5.006(5)(l), Florida Administrative Code, which provide for a

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functional mix of land uses, including adequate available

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workforce housing, including low, very-low and moderate income

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housing for the development anticipated in the receiving area and

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which are applied through the adoption by the local government of

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zoning and land development regulations applicable to the rural

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land stewardship area.

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     d.  A process which encourages visioning pursuant to s.

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163.3167(11) to ensure that innovative planning and development

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strategies comply with the provisions of this section.

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     e.  The control of sprawl through the use of innovative

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strategies and creative land use techniques consistent with the

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provisions of this subsection and rule 9J-5.006(5)(l), Florida

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Administrative Code.

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     5.  A receiving area shall be designated by the adoption of

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a land development regulation. Prior to the designation of a

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receiving area, the local government shall provide the Department

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of Community Affairs a period of 30 days in which to review a

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proposed receiving area for consistency with the rural land

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stewardship area plan amendment and to provide comments to the

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local government. At the time of designation of a stewardship

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receiving area, a listed species survey will be performed. If

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listed species occur on the receiving area site, the developer

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shall coordinate with each appropriate local, state, or federal

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agency to determine if adequate provisions have been made to

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protect those species in accordance with applicable regulations.

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In determining the adequacy of provisions for the protection of

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listed species and their habitats, the rural land stewardship

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area shall be considered as a whole, and the impacts to areas to

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be developed as receiving areas shall be considered together with

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the environmental benefits of areas protected as sending areas in

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fulfilling this criteria.

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     6.  Upon the adoption of a plan amendment creating a rural

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land stewardship area, the local government shall, by ordinance,

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establish the methodology for the creation, conveyance, and use

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of transferable rural land use credits, otherwise referred to as

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stewardship credits, the application of which shall not

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constitute a right to develop land, nor increase density of land,

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except as provided by this section. The total amount of

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transferable rural land use credits within the rural land

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stewardship area must enable the realization of the long-term

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vision and goals for the 25-year or greater projected population

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of the rural land stewardship area, which may take into

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consideration the anticipated effect of the proposed receiving

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areas. Transferable rural land use credits are subject to the

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following limitations:

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     a.  Transferable rural land use credits may only exist

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within a rural land stewardship area.

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     b.  Transferable rural land use credits may only be used on

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lands designated as receiving areas and then solely for the

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purpose of implementing innovative planning and development

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strategies and creative land use planning techniques adopted by

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the local government pursuant to this section.

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     c.  Transferable rural land use credits assigned to a parcel

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of land within a rural land stewardship area shall cease to exist

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if the parcel of land is removed from the rural land stewardship

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area by plan amendment.

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     d.  Neither the creation of the rural land stewardship area

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by plan amendment nor the assignment of transferable rural land

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use credits by the local government shall operate to displace the

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underlying density of land uses assigned to a parcel of land

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within the rural land stewardship area; however, if transferable

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rural land use credits are transferred from a parcel for use

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within a designated receiving area, the underlying density

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assigned to the parcel of land shall cease to exist.

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     e.  The underlying density on each parcel of land located

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within a rural land stewardship area shall not be increased or

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decreased by the local government, except as a result of the

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conveyance or use of transferable rural land use credits, as long

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as the parcel remains within the rural land stewardship area.

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     f.  Transferable rural land use credits shall cease to exist

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on a parcel of land where the underlying density assigned to the

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parcel of land is utilized.

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     g.  An increase in the density of use on a parcel of land

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located within a designated receiving area may occur only through

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the assignment or use of transferable rural land use credits and

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shall not require a plan amendment.

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     h.  A change in the density of land use on parcels located

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within receiving areas shall be specified in a development order

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which reflects the total number of transferable rural land use

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credits assigned to the parcel of land and the infrastructure and

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support services necessary to provide for a functional mix of

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land uses corresponding to the plan of development.

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     i.  Land within a rural land stewardship area may be removed

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from the rural land stewardship area through a plan amendment.

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     j.  Transferable rural land use credits may be assigned at

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different ratios of credits per acre according to the natural

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resource or other beneficial use characteristics of the land and

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according to the land use remaining following the transfer of

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credits., with The highest number of credits per acre may be

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assigned to the most environmentally valuable land; to land used

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for water storage, alternative water supply, or water quality

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enhancement as part of the plan approved by the Legislature for

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the restoration of Lake Okeechobee and estuaries that receive

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waters from Lake Okeechobee; or to lands, in locations where the

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retention of open space and agricultural land is a priority, to

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such lands.

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     k.  The use or conveyance of transferable rural land use

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credits must be recorded in the public records of the county in

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which the property is located as a covenant or restrictive

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easement running with the land in favor of the county and either

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the Department of Environmental Protection, Department of

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Agriculture and Consumer Services, a water management district,

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or a recognized statewide land trust.

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     7.  Owners of land within rural land stewardship areas

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should be provided incentives to enter into rural land

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stewardship agreements, pursuant to existing law and rules

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adopted thereto, with state agencies, water management districts,

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and local governments to achieve mutually agreed upon

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conservation objectives. Such incentives may include, but not be

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limited to, the following:

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     a.  Opportunity to accumulate transferable mitigation

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credits.

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     b.  Extended permit agreements.

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     c.  Opportunities for recreational leases and ecotourism.

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     d.  Payment for specified land management services on

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publicly owned land, or property under covenant or restricted

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easement in favor of a public entity.

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     e.  Option agreements for sale to public entities or private

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land conservation entities, in either fee or easement, upon

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achievement of conservation objectives.

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     f. If an alternative water supply project such as a surface

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reservoir or an aquifer storage and recovery well is incorporated

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into the rural land stewardship area, these projects shall be

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given priority for funding under the Water Protection and

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Sustainability Program, the consumptive use applications shall be

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given preference pursuant to s. 373.233, and the source may be

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considered a preferred water supply source under s. 373.2234.

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     8.  The department shall report to the Legislature on an

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annual basis on the results of implementation of rural land

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stewardship areas authorized by the department, including

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successes and failures in achieving the intent of the Legislature

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as expressed in this paragraph.

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     Section 2.  Subsection (7) is added to section 373.196,

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Florida Statutes, to read:

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     373.196  Alternative water supply development.--

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     (7) The state, water management districts, regional water

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supply authorities, and local governments have inadequate

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resources to fully address the water supply, water storage, water

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quality improvement, and environmental enhancement and

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restoration needs of the state. It is essential that private

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entities and landowners be encouraged to participate and

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contribute to alternative water resource development projects and

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water quality and environmental enhancement and restoration

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projects. In order to provide an incentive for private entities

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to participate and contribute to such projects, water management

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districts may enter into agreements with private entities,

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regional water supply authorities, and water utilities which

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provide long-term consumptive use rights to private entities

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consistent with s. 373.223(1), based upon innovative and

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extraordinary contributions to alternative water resource

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development projects or water quality and environmental

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enhancement and restoration projects.

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     Section 3.  This act shall take effect upon becoming a law.