CS/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, rural land stewardship areas, and
15	comprehensive plan amendments that include an inland port
16	terminal or affiliated port development; providing
17	construction; providing an effective date.
18
19	Be It Enacted by the Legislature of the State of Florida:
20
21	Section 1.  Subsection (15) is added to section 163.3177,
22	Florida Statutes, to read:
23	163.3177  Required and optional elements of comprehensive
24	plan; studies and surveys.--
25	(15)(a)  The Legislature finds that:
26	1.  There are a number of rural agricultural industrial
27	centers in the state that process, produce, or aid in the
28	production or distribution of a variety of agriculturally based
29	products, including, but not limited to, fruits, vegetables,
30	timber, and other crops, and juices, paper, and building
31	materials. Rural agricultural industrial centers have a
32	significant amount of existing associated infrastructure that is
33	used for processing, producing, or distributing agricultural
34	products.
35	2.  Such rural agricultural industrial centers are often
36	located within or near communities in which the economy is
37	largely dependent upon agriculture and agriculturally based
38	products. The centers significantly enhance the economy of such
39	communities. However, these agriculturally based communities are
40	often socioeconomically challenged and designated as rural areas
41	of critical economic concern. If such rural agricultural
42	industrial centers are lost and not replaced with other job-
43	creating enterprises, the agriculturally based communities will
44	lose a substantial amount of their economies.
45	3.  The state has a compelling interest in preserving the
46	viability of agriculture and protecting rural agricultural
47	communities and the state from the economic upheaval that would
48	result from short-term or long-term adverse changes in the
49	agricultural economy. To protect these communities and promote
50	viable agriculture for the long term, it is essential to
51	encourage and permit diversification of existing rural
52	agricultural industrial centers by providing for jobs that are
53	not solely dependent upon, but are compatible with and
54	complement, existing agricultural industrial operations and to
55	encourage the creation and expansion of industries that use
56	agricultural products in innovative ways. However, the expansion
57	and diversification of these existing centers must be
58	accomplished in a manner that does not promote urban sprawl into
59	surrounding agricultural and rural areas.
60	(b)  As used in this subsection, the term "rural
61	agricultural industrial center" means a developed parcel of land
62	in an unincorporated area on which there exists an operating
63	agricultural industrial facility or facilities that employ at
64	least 200 full-time employees in the aggregate and process and
65	prepare for transport a farm product, as defined in s. 163.3162,
66	or any biomass material that could be used, directly or
67	indirectly, for the production of fuel, renewable energy,
68	bioenergy, or alternative fuel as defined by law. The center may
69	also include land contiguous to the facility site which is not
70	used for the cultivation of crops, but on which other existing
71	activities essential to the operation of such facility or
72	facilities are located or conducted. The parcel of land must be
73	located within, or within 10 miles of, a rural area of critical
74	economic concern.
75	(c)1.  A landowner whose land is located within a rural
76	agricultural industrial center may apply for an amendment to the
77	local government comprehensive plan for the purpose of
78	designating and expanding the existing agricultural industrial
79	uses of facilities located within the center or expanding the
80	existing center to include industrial uses or facilities that
81	are not dependent upon but are compatible with agriculture and
82	the existing uses and facilities. A local government
83	comprehensive plan amendment under this paragraph must:
84	a.  Not increase the physical area of the existing rural
85	agricultural industrial center by more than 50 percent or 320
86	acres, whichever is greater.
87	b.  Propose a project that would, upon completion, create
88	at least 50 new full-time jobs.
89	c.  Demonstrate that sufficient infrastructure capacity
90	exists or will be provided to support the expanded center at the
91	level-of-service standards adopted in the local government
92	comprehensive plan.
93	d.  Contain goals, objectives, and policies that will
94	ensure that any adverse environmental impacts to the expanded
95	center will be adequately addressed and mitigation implemented
96	or demonstrate that the local government comprehensive plan
97	contains such provisions.
98	2.  Within 6 months after receiving an application as
99	provided in this paragraph, the local government shall amend the
100	applicable sections of its comprehensive plan to include goals,
101	objectives, and policies that provide for the expansion of rural
102	agricultural industrial centers and discourage urban sprawl in
103	the surrounding areas. Such goals, objectives, and policies must
104	promote and be consistent with the findings in this subsection.
105	An amendment that meets the requirements of this subsection is
106	presumed to be consistent with rule 9J-5.006(5), Florida
107	Administrative Code. This presumption may be rebutted by a
108	preponderance of the evidence.
109	(d)  This subsection does not apply to an optional sector
110	plan adopted pursuant to s. 163.3245, a rural land stewardship
111	area designated pursuant to subsection (11), or any
112	comprehensive plan amendment that includes an inland port
113	terminal or affiliated port development.
114	(e)  Nothing in this subsection shall be construed to
115	confer the status of rural area of critical economic concern, or
116	any of the rights or benefits derived from such status, on any
117	land area not otherwise designated as such pursuant to s.
118	288.0656(7).
119	Section 2.  This act shall take effect July 1, 2009.

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