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 transmit the application to the state land
10	planning agency for review within a specified period after
11	receiving such application; providing that such amendments
12	are presumed consistent with the Florida Administrative
13	Code; providing for rebuttal of the presumption;
14	specifying nonapplication to optional sector plans, rural
15	land stewardship areas, and comprehensive plan amendments
16	that include an inland port terminal or affiliated port
17	development; providing construction; providing an
18	effective date.
19
20	Be It Enacted by the Legislature of the State of Florida:
21
22	Section 1.  Subsection (15) is added to section 163.3177,
23	Florida Statutes, to read:
24	163.3177  Required and optional elements of comprehensive
25	plan; studies and surveys.--
26	(15)(a)  The Legislature finds that:
27	1.  There are a number of rural agricultural industrial
28	centers in the state that process, produce, or aid in the
29	production or distribution of a variety of agriculturally based
30	products, including, but not limited to, fruits, vegetables,
31	timber, and other crops, and juices, paper, and building
32	materials. Rural agricultural industrial centers have a
33	significant amount of existing associated infrastructure that is
34	used for processing, producing, or distributing agricultural
35	products.
36	2.  Such rural agricultural industrial centers are often
37	located within or near communities in which the economy is
38	largely dependent upon agriculture and agriculturally based
39	products. The centers significantly enhance the economy of such
40	communities. However, these agriculturally based communities are
41	often socioeconomically challenged and designated as rural areas
42	of critical economic concern. If such rural agricultural
43	industrial centers are lost and not replaced with other job-
44	creating enterprises, the agriculturally based communities will
45	lose a substantial amount of their economies.
46	3.  The state has a compelling interest in preserving the
47	viability of agriculture and protecting rural agricultural
48	communities and the state from the economic upheaval that would
49	result from short-term or long-term adverse changes in the
50	agricultural economy. To protect these communities and promote
51	viable agriculture for the long term, it is essential to
52	encourage and permit diversification of existing rural
53	agricultural industrial centers by providing for jobs that are
54	not solely dependent upon, but are compatible with and
55	complement, existing agricultural industrial operations and to
56	encourage the creation and expansion of industries that use
57	agricultural products in innovative ways. However, the expansion
58	and diversification of these existing centers must be
59	accomplished in a manner that does not promote urban sprawl into
60	surrounding agricultural and rural areas.
61	(b)  As used in this subsection, the term "rural
62	agricultural industrial center" means a developed parcel of land
63	in an unincorporated area on which there exists an operating
64	agricultural industrial facility or facilities that employ at
65	least 200 full-time employees in the aggregate and process and
66	prepare for transport a farm product, as defined in s. 163.3162,
67	or any biomass material that could be used, directly or
68	indirectly, for the production of fuel, renewable energy,
69	bioenergy, or alternative fuel as defined by law. The center may
70	also include land contiguous to the facility site which is not
71	used for the cultivation of crops, but on which other existing
72	activities essential to the operation of such facility or
73	facilities are located or conducted. The parcel of land must be
74	located within, or within 10 miles of, a rural area of critical
75	economic concern.
76	(c)1.  A landowner whose land is located within a rural
77	agricultural industrial center may apply for an amendment to the
78	local government comprehensive plan for the purpose of
79	designating and expanding the existing agricultural industrial
80	uses of facilities located within the center or expanding the
81	existing center to include industrial uses or facilities that
82	are not dependent upon but are compatible with agriculture and
83	the existing uses and facilities. A local government
84	comprehensive plan amendment under this paragraph must:
85	a.  Not increase the physical area of the existing rural
86	agricultural industrial center by more than 50 percent or 320
87	acres, whichever is greater.
88	b.  Propose a project that would, upon completion, create
89	at least 50 new full-time jobs.
90	c.  Demonstrate that sufficient infrastructure capacity
91	exists or will be provided to support the expanded center at the
92	level-of-service standards adopted in the local government
93	comprehensive plan.
94	d.  Contain goals, objectives, and policies that will
95	ensure that any adverse environmental impacts of the expanded
96	center will be adequately addressed and mitigation implemented
97	or demonstrate that the local government comprehensive plan
98	contains such provisions.
99	2.  Within 6 months after receiving an application as
100	provided in this paragraph, the local government shall transmit
101	the application to the state land planning agency for review
102	pursuant to chapter 163 together with any needed amendments to
103	the applicable sections of its comprehensive plan to include
104	goals, objectives, and policies that provide for the expansion
105	of rural agricultural industrial centers and discourage urban
106	sprawl in the surrounding areas. Such goals, objectives, and
107	policies must promote and be consistent with the findings in
108	this subsection. An amendment that meets the requirements of
109	this subsection is presumed to be consistent with rule 9J-
110	5.006(5), Florida Administrative Code. This presumption may be
111	rebutted by a preponderance of the evidence.
112	(d)  This subsection does not apply to an optional sector
113	plan adopted pursuant to s. 163.3245, a rural land stewardship
114	area designated pursuant to subsection (11), or any
115	comprehensive plan amendment that includes an inland port
116	terminal or affiliated port development.
117	(e)  Nothing in this subsection shall be construed to
118	confer the status of rural area of critical economic concern, or
119	any of the rights or benefits derived from such status, on any
120	land area not otherwise designated as such pursuant to s.
121	288.0656(7).
122	Section 2.  This act shall take effect July 1, 2009.

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