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A bill to be entitled

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An act relating to agricultural industrial centers;

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amending s. 163.3164, F.S.; defining the term

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"agricultural industrial center"; amending s.

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163.3177, F.S.; requiring that local governments, in

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conjunction with certain state agencies, identify

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existing agricultural industrial centers before a

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specified deadline; requiring that local governments

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amend the future land use element of their local

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comprehensive plans for a certain purpose before a

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specified deadline; providing that such amendment is

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exempt from the twice-a-year limitation imposed by

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state law; requiring that such planning districts meet

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specified criteria; authorizing landowners within an

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agricultural industrial center economic overlay

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planning district to apply for an amendment to the

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local government comprehensive plan for certain

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purposes; limiting the effects of such proposed

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amendments; providing an exception to certain

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limitations; providing that such amendments are

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presumed consistent with the Florida Administrative

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Code, and may include land uses and intensities of use

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consistent and compatible with the uses and

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intensities of use of the corresponding agricultural

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industrial center; providing that such assumption may

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be rebutted by clear and convincing evidence;

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requiring that a local government and the owner of a

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parcel of land subject to such application negotiate

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in good faith to reach consensus on the proposed

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expansion and the land uses and intensities of use

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within a specified period; requiring that a local

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government and owner agree in writing to a schedule

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for information submittal, public hearings,

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negotiations, and final action on the amendment within

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a specified period; providing that such schedule may

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be altered only with the written consent of the local

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government and the owner; providing that compliance

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with such schedule constitutes good-faith

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negotiations; requiring that the amendment be

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transmitted to the state land planning agency for

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review upon conclusion of good-faith negotiations,

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regardless of the result of such negotiations;

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providing that such submitted amendments are presumed

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consistent with the Florida Administrative Code;

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providing that such presumption may be rebutted by

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clear and convincing evidence; providing that a plan

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amendment is not entitled to such rebuttable

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presumption under certain circumstances; providing an

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effective date.

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     WHEREAS, the Legislature recognizes and finds that there are

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a number of facilities throughout the state which process,

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produce, or aid in the production or distribution of a variety of

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agriculturally based products, such as fruits, vegetables,

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timber, and other crops, as well as juices, paper, and building

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materials. These agricultural industrial facilities often are

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grouped in agricultural industrial centers, which have a

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significant amount of developed infrastructure that is used for

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the processing, production, or distribution of agricultural

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products, and

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     WHEREAS, the Legislature further recognizes and finds that

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such agricultural industrial centers often are located within or

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near communities in which the economy is largely dependent upon

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agriculture and agriculturally based products. These agricultural

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industrial centers significantly enhance the economy of such

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communities. However, such agriculturally based communities are

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often socioeconomically challenged and many such communities have

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been designated as rural areas of critical economic concern, and

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     WHEREAS, the Legislature recognizes and finds that if these

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agricultural industrial centers are lost and not replaced with

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other job-creating enterprises, these communities will lose a

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substantial amount of their economies. The economies and

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employment bases of such communities should be diversified in

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order to protect against changes in national and international

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agricultural markets, land use patterns, weather, pests or

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diseases, or other events that could result in existing

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agricultural industrial facilities being permanently closed or

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temporarily shut down, ultimately resulting in an economic crisis

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for these communities, and

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     WHEREAS, it is a compelling state interest to preserve the

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viability of agriculture in Florida and to protect such

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communities and the state from the economic upheaval that could

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result from short-term or long-term adverse changes in the

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agricultural economy. An essential part of protecting such

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communities while protecting viable agriculture for the long term

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is to encourage diversification of the employment base within

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agricultural industrial centers for the purpose of providing jobs

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that are not solely dependent upon agricultural operations, and

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to encourage the creation and expansion of industries that use

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agricultural products in innovative or new ways, NOW, THEREFORE,

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

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     Section 1.  Subsection (34) is added to section 163.3164,

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Florida Statutes, 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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     (34) "Agricultural industrial center" means a parcel or

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parcels of land:

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     (a) On which there exists an operating facility or

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facilities used for processing, producing, and preparing for

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transport a farm product as defined in s. 163.3162 or any biomass

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material that could be used, directly or indirectly, for the

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production of fuel, renewable energy, bioenergy, or alternative

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fuel as defined by state law;

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     (b) Including all contiguous lands at the site which are

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not used for cultivation of crops, but still associated with the

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operation of such a facility or facilities; and

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     (c) Located within rural areas of critical economic concern

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or located in a county any portion of which has been designated

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as an area of critical economic concern.

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     Section 2.  Paragraph (a) of subsection (6) 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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     (6)  In addition to the requirements of subsections (1)-(5)

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and (12), the comprehensive plan shall include the following

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elements:

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     (a)1. A future land use plan element designating proposed

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future general distribution, location, and extent of the uses of

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land for residential uses, commercial uses, industry,

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agriculture, recreation, conservation, education, public

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buildings and grounds, other public facilities, and other

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categories of the public and private uses of land. Counties are

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encouraged to designate rural land stewardship areas, pursuant to

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the provisions of paragraph (11)(d), as overlays on the future

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land use map. Each future land use category must be defined in

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terms of uses included, and must include standards to be followed

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in the control and distribution of population densities and

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building and structure intensities. The proposed distribution,

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location, and extent of the various categories of land use shall

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be shown on a land use map or map series which shall be

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supplemented by goals, policies, and measurable objectives. The

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future land use plan shall be based upon surveys, studies, and

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data regarding the area, including the amount of land required to

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accommodate anticipated growth; the projected population of the

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area; the character of undeveloped land; the availability of

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water supplies, public facilities, and services; the need for

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redevelopment, including the renewal of blighted areas and the

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elimination of nonconforming uses which are inconsistent with the

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character of the community; the compatibility of uses on lands

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adjacent to or closely proximate to military installations; and,

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in rural communities, the need for job creation, capital

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investment, and economic development that will strengthen and

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diversify the community's economy. The future land use plan may

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designate areas for future planned development use involving

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combinations of types of uses for which special regulations may

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be necessary to ensure development in accord with the principles

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and standards of the comprehensive plan and this act. The future

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land use plan element shall include criteria to be used to

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achieve the compatibility of adjacent or closely proximate lands

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with military installations. In addition, for rural communities,

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the amount of land designated for future planned industrial use

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shall be based upon surveys and studies that reflect the need for

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job creation, capital investment, and the necessity to strengthen

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and diversify the local economies, and shall not be limited

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solely by the projected population of the rural community. The

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future land use plan of a county may also designate areas for

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possible future municipal incorporation. The land use maps or map

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series shall generally identify and depict historic district

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boundaries and shall designate historically significant

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properties meriting protection. For coastal counties, the future

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land use element must include, without limitation, regulatory

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incentives and criteria that encourage the preservation of

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recreational and commercial working waterfronts as defined in s.

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342.07. The future land use element must clearly identify the

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land use categories in which public schools are an allowable use.

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When delineating the land use categories in which public schools

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are an allowable use, a local government shall include in the

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categories sufficient land proximate to residential development

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to meet the projected needs for schools in coordination with

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public school boards and may establish differing criteria for

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schools of different type or size. Each local government shall

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include lands contiguous to existing school sites, to the maximum

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extent possible, within the land use categories in which public

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schools are an allowable use. The failure by a local government

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to comply with these school siting requirements will result in

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the prohibition of the local government's ability to amend the

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local comprehensive plan, except for plan amendments described in

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s. 163.3187(1)(b), until the school siting requirements are met.

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Amendments proposed by a local government for purposes of

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identifying the land use categories in which public schools are

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an allowable use are exempt from the limitation on the frequency

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of plan amendments contained in s. 163.3187. The future land use

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element shall include criteria that encourage the location of

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schools proximate to urban residential areas to the extent

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possible and shall require that the local government seek to

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collocate public facilities, such as parks, libraries, and

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community centers, with schools to the extent possible and to

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encourage the use of elementary schools as focal points for

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neighborhoods. For schools serving predominantly rural counties,

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defined as a county with a population of 100,000 or fewer, an

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agricultural land use category shall be eligible for the location

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of public school facilities if the local comprehensive plan

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contains school siting criteria and the location is consistent

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with such criteria. Local governments required to update or amend

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their comprehensive plan to include criteria and address

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compatibility of adjacent or closely proximate lands with

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existing military installations in their future land use plan

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element shall transmit the update or amendment to the department

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by June 30, 2006.

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     2.a. Local governments shall, in consultation with the

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Department of Agriculture and Consumer Services, the Department

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of Community Affairs, the Office of Tourism, Trade, and Economic

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Development, the appropriate regional planning council, property

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owners, and interested parties, identify existing agricultural

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industrial centers as defined by s. 163.3164(34) within their

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jurisdiction on or before July 1, 2009.

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     b. Local governments shall amend the future land use

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element of their local comprehensive plans on or before July 1,

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2010, for the purpose of establishing agricultural industrial

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center economic overlay planning districts. Such amendment is

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exempt from the twice-a-year limitation of s. 163.3187(1). Such

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planning districts shall:

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     (I) Incorporate existing agricultural industrial centers;

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     (II) Be developed in consultation with affected landowners;

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     (III) Encourage the expansion of industrial uses or

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facilities;

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     (IV) Take into account the need to reduce the economic

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vulnerability of communities that are largely reliant on

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agriculture for income or employment; and

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     (V) Be designed and implemented so that a district does not

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interpret its local comprehensive plans so as to permanently

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restrict the conversion of agricultural lands within the district

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to other uses consistent with this act.

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     c. Landowners within an agricultural industrial center

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economic overlay planning district may apply for an amendment to

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the local government comprehensive plan pursuant to s. 163.3187

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for the purpose of expanding the industrial uses or facilities

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associated with the agricultural industrial centers or expanding

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the agricultural industrial centers to include industrial uses or

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facilities that are not dependent upon agriculture. Each

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application for a comprehensive plan amendment under this

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subparagraph may not increase the physical footprint of the

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agricultural industrial center by more than 50 percent of the

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existing footprint unless the applicant can demonstrate that

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infrastructure capacity exists or can be provided to support the

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improvements as required by the applicable sections of this

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chapter. Any single application may not increase the physical

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footprint of the existing agricultural industrial center by more

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than 200 percent or 640 acres, whichever is less. Such amendment

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

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Administrative Code, and may include land uses and intensities of

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use consistent and compatible with the uses and intensities of

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use of the agricultural industrial center. Such presumption may

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be rebutted by clear and convincing evidence.

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     d. 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 must,

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within 180 days after the date on which the local government

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receives a complete application, negotiate in good faith to reach

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a consensus on the proposed expansion, land uses, and intensities

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

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of the agricultural industrial center.

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     e. Within 30 days after the date of a 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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Such schedule may be subsequently altered only with the written

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consent of the local government and the owner. Compliance with

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such schedule constitutes good-faith negotiations.

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     f. The amendment must be transmitted to the state land

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planning agency for review pursuant to s. 163.3184 immediately

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upon the conclusion of good-faith negotiations, regardless of

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whether the local government and owner reach a consensus on the

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proposed expansion, land uses, or intensities of use that are

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consistent with the uses and intensities of use of the

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agricultural industrial center. If the local government fails to

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transmit the amendment within 180 days after the date of receipt

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of a complete application, the amendment must be immediately

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transferred to the state land planning agency for such review at

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the first available transmittal cycle. An amendment transmitted

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to the state land planning agency pursuant to this subparagraph

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

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Administrative Code. Such presumption may be rebutted by clear

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and convincing evidence.

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     g. If the owner fails to negotiate in good faith, an

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amendment submitted under this subparagraph is not entitled to

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the rebuttable presumption under this subparagraph during the

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negotiation or amendment process.

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