Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS for CS for HB 389
       
       
       
       
       
       
                                Barcode 357518                          
       
                              LEGISLATIVE ACTION                        
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       Senator Dean moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 28 and 29
    4  insert:
    5         Section 1. Subsection (5) of section 163.3162, Florida
    6  Statutes, is amended to read:
    7         163.3162 Agricultural Lands and Practices Act.—
    8         (5) AMENDMENT TO LOCAL GOVERNMENT COMPREHENSIVE PLAN.—The
    9  owner of a parcel of land defined as an agricultural enclave
   10  under s. 163.3164(33) may apply for an amendment to the local
   11  government comprehensive plan pursuant to s. 163.3187. Such
   12  amendment is presumed to be consistent with rule 9J-5.006(5),
   13  Florida Administrative Code, and may include land uses and
   14  intensities of use that are consistent with the uses and
   15  intensities of use existing or authorized for of the industrial,
   16  commercial, or residential areas that surround the parcel. This
   17  presumption may be rebutted only by clear and convincing
   18  evidence. Each application for a comprehensive plan amendment
   19  under this subsection for a parcel larger than 640 acres must
   20  include appropriate new urbanism concepts such as clustering,
   21  mixed-use development, the creation of rural village and city
   22  centers, and the transfer of development rights in order to
   23  discourage urban sprawl while protecting landowner rights.
   24         (a) Unless the parcel of land that is the subject of an
   25  application for an amendment is abutted by only one land use
   26  designation, the local government and the land owner of a parcel
   27  of land that is the subject of an application for an amendment
   28  shall have 180 days following the date that the local government
   29  receives a complete application to negotiate in good faith to
   30  reach consensus on the land uses and intensities of use that are
   31  consistent with the uses and intensities of use of the
   32  industrial, commercial, or residential areas that surround the
   33  parcel. Within 30 days after the local government’s receipt of
   34  such an application, the local government and owner must agree
   35  in writing to a schedule for information submittal, public
   36  hearings, negotiations, and final action on the amendment, which
   37  schedule may thereafter be altered only with the written consent
   38  of the local government and the owner. Compliance with the
   39  schedule in the written agreement constitutes good faith
   40  negotiations for purposes of paragraph (c). If the parcel is
   41  abutted by only one land use designation, it shall be presumed
   42  that the same land use designation is appropriate for the parcel
   43  and no negotiation is required.
   44         (b) Upon conclusion of good faith negotiations under
   45  paragraph (a), if such negotiations are required, and regardless
   46  of whether the local government and owner reach consensus on the
   47  land uses and intensities of use that are consistent with the
   48  uses and intensities of use of the industrial, commercial, or
   49  residential areas that surround the parcel, the amendment must
   50  be transmitted to the state land planning agency for review
   51  pursuant to s. 163.3184. If the local government fails to
   52  transmit the amendment within 180 days after receipt of a
   53  complete application, the amendment must be immediately
   54  transferred to the state land planning agency for such review at
   55  the first available transmittal cycle. A plan amendment
   56  transmitted to the state land planning agency submitted under
   57  this subsection is presumed to be consistent with rule 9J
   58  5.006(5), Florida Administrative Code. This presumption may be
   59  rebutted only by clear and convincing evidence.
   60         (c) If the owner fails to negotiate in good faith, a plan
   61  amendment submitted under this subsection is not entitled to the
   62  rebuttable presumption under this subsection in the negotiation
   63  and amendment process.
   64         (d) Nothing within this subsection relating to agricultural
   65  enclaves shall preempt or replace any protection currently
   66  existing for any property located within the boundaries of the
   67  following areas:
   68         1. The Wekiva Study Area, as described in s. 369.316; or
   69         2. The Everglades Protection Area, as defined in s.
   70  373.4592(2).
   71         Section 2. Paragraphs (c) and (e) of subsection (33) of
   72  section 163.3164, Florida Statutes, are amended to read:
   73         163.3164 Local Government Comprehensive Planning and Land
   74  Development Regulation Act; definitions.—As used in this act:
   75         (33) “Agricultural enclave” means an unincorporated,
   76  undeveloped parcel that:
   77         (c)1. Is surrounded on at least 75 percent of its perimeter
   78  by:
   79         a.1. Property that has existing industrial, commercial, or
   80  residential development; or
   81         b.2. Property that the local government has designated, in
   82  the local government’s comprehensive plan, zoning map, and
   83  future land use map, as land that is to be developed for
   84  industrial, commercial, or residential purposes, and at least 75
   85  percent of such property is existing industrial, commercial, or
   86  residential development;
   87         2. Is surrounded on at least 90 percent of its perimeter by
   88  property that the local government has designated in the local
   89  government’s comprehensive plan and future land use map as land
   90  that is to be developed for industrial, commercial, or
   91  residential purposes; or
   92         3. Is surrounded by existing or authorized residential
   93  development that will result in a density at buildout of at
   94  least 1,000 residents per square mile.
   95         (e) Does not exceed 1,280 acres; however, if the property
   96  meets the criteria in subparagraph (c)3. is surrounded by
   97  existing or authorized residential development that will result
   98  in a density at buildout of at least 1,000 residents per square
   99  mile, then the area shall be determined to be urban and the
  100  parcel may not exceed 4,480 acres.
  101  
  102  ================= T I T L E  A M E N D M E N T ================
  103         And the title is amended as follows:
  104         Between lines 2 and 3
  105  insert:
  106         163.3162, F.S.; providing conditions for consensus
  107         negotiations on land uses and intensities of uses
  108         between the local government and the land owner;
  109         amending s. 163.3164, F.S.; revising the definition of
  110         the term “agricultural enclave”; amending s.