HB 7053

1	A bill to be entitled
2	An act relating to rural agricultural industrial centers;
3	amending s. 163.3177, F.S.; providing legislative
4	recognition and findings; providing a definition;
5	authorizing landowners within a rural agricultural
6	industrial center to apply for an amendment to the local
7	government comprehensive plan for certain purposes;
8	providing amendment requirements; requiring a local
9	government to amend its comprehensive plan within a
10	specified period after receiving such application;
11	providing that such amendments are presumed consistent
12	with the Florida Administrative Code; providing for
13	rebuttal of the presumption; specifying nonapplication to
14	optional sector plans and rural land stewardship areas;
15	providing an effective date.
16
17	Be It Enacted by the Legislature of the State of Florida:
18
19	Section 1.  Subsection (15) is added to section 163.3177,
20	Florida Statutes, to read:
21	163.3177  Required and optional elements of comprehensive
22	plan; studies and surveys.--
23	(15)(a)  The Legislature finds that:
24	1.  There are a number of rural agricultural industrial
25	centers in the state that process, produce, or aid in the
26	production or distribution of a variety of agriculturally based
27	products, including, but not limited to, fruits, vegetables,
28	timber, and other crops, and juices, paper, and building
29	materials. Rural agricultural industrial centers have a
30	significant amount of existing associated infrastructure that is
31	used for processing, producing, or distributing agricultural
32	products.
33	2.  Such rural agricultural industrial centers are often
34	located within or near communities in which the economy is
35	largely dependent upon agriculture and agriculturally based
36	products. The centers significantly enhance the economy of such
37	communities. However, these agriculturally based communities are
38	often socioeconomically challenged and designated as rural areas
39	of critical economic concern. If such rural agricultural
40	industrial centers are lost and not replaced with other job-
41	creating enterprises, the agriculturally based communities will
42	lose a substantial amount of their economies.
43	3.  The state has a compelling interest in preserving the
44	viability of agriculture and protecting rural agricultural
45	communities and the state from the economic upheaval that would
46	result from short-term or long-term adverse changes in the
47	agricultural economy. To protect these communities and promote
48	viable agriculture for the long term, it is essential to
49	encourage and permit diversification of existing rural
50	agricultural industrial centers by providing for jobs that are
51	not solely dependent upon, but are compatible with and
52	complement, existing agricultural industrial operations and to
53	encourage the creation and expansion of industries that use
54	agricultural products in innovative ways. However, the expansion
55	and diversification of these existing centers must be
56	accomplished in a manner that does not promote urban sprawl into
57	surrounding agricultural and rural areas.
58	(b)  As used in this subsection, the term "rural
59	agricultural industrial center" means a developed parcel of land
60	in an unincorporated area on which there exists an operating
61	agricultural industrial facility or facilities that employ at
62	least 200 full-time employees in the aggregate and process and
63	prepare for transport a farm product, as defined in s. 163.3162,
64	or any biomass material that could be used, directly or
65	indirectly, for the production of fuel, renewable energy,
66	bioenergy, or alternative fuel as defined by law. The center may
67	also include land contiguous to the facility site which is not
68	used for the cultivation of crops, but on which other existing
69	activities essential to the operation of such facility or
70	facilities are located or conducted. The parcel of land must be
71	located within, or within 10 miles of, a rural area of critical
72	economic concern.
73	(c)1.  A landowner whose land is located within a rural
74	agricultural industrial center may apply for an amendment to the
75	local government comprehensive plan for the purpose of
76	designating and expanding the existing agricultural industrial
77	uses of facilities located within the center or expanding the
78	existing center to include industrial uses or facilities that
79	are not dependent upon but are compatible with agriculture and
80	the existing uses and facilities. A local government
81	comprehensive plan amendment under this paragraph must:
82	a.  Not increase the physical area of the existing rural
83	agricultural industrial center by more than 50 percent or 320
84	acres, whichever is greater.
85	b.  Propose a project that would, upon completion, create
86	at least 50 new full-time jobs.
87	c.  Demonstrate that sufficient infrastructure capacity
88	exists or will be provided to support the expanded center at the
89	level-of-service standards adopted in the local government
90	comprehensive plan.
91	d.  Contain goals, objectives, and policies that will
92	ensure that any adverse environmental impacts to the expanded
93	center will be adequately addressed and mitigation implemented
94	or demonstrate that the local government comprehensive plan
95	contains such provisions.
96	2.  Within 6 months after receiving an application as
97	provided in this paragraph, the local government shall amend the
98	applicable sections of its comprehensive plan to include goals,
99	objectives, and policies that provide for the expansion of rural
100	agricultural industrial centers and discourage urban sprawl in
101	the surrounding areas. Such goals, objectives, and policies must
102	promote and be consistent with the findings in this subsection.
103	An amendment that meets the requirements of this subsection is
104	presumed to be consistent with rule 9J-5.006(5), Florida
105	Administrative Code. This presumption may be rebutted by a
106	preponderance of the evidence.
107	(d)  This subsection does not apply to an optional sector
108	plan adopted pursuant to s. 163.3245 or a rural land stewardship
109	area designated pursuant to subsection (11).
110	Section 2.  This act shall take effect July 1, 2009.

CODING: Words stricken are deletions; words underlined are additions.