Florida Senate - 2012 SENATOR AMENDMENT Bill No. SB 188 Barcode 699668 LEGISLATIVE ACTION Senate . House . . . Floor: WD/2R . 03/02/2012 11:43 AM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Dean moved the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 54 and 55 4 insert: 5 Section 5. Section 163.3165, Florida Statutes, is created 6 to read: 7 163.3165 Agricultural lands surrounded by a single land 8 use.— 9 (1) Notwithstanding any provision of ss. 163.3162 and 10 163.3164 to the contrary, the owner of a parcel of land located 11 in an unincorporated area of a county that qualifies under this 12 section may apply for an amendment to the local government 13 comprehensive plan pursuant to s. 163.3184. The amendment is 14 presumed not to be urban sprawl as defined in s. 163.3164 if it 15 proposes land uses and intensities of use that are consistent 16 with the existing uses and intensities of use of, or consistent 17 with the uses and intensities of use authorized for, the 18 industrial, commercial, or residential areas that surround the 19 parcel. If the parcel of land that is the subject of an 20 application for an amendment under this section is abutted on 21 all sides by land having only one land use designation, the same 22 land use designation shall be presumed by the county to be 23 appropriate for the parcel. The county shall, after considering 24 the proposed density and intensity, grant the parcel the same 25 land use designation as the surrounding parcels that abut the 26 parcel unless the county finds by clear and convincing evidence 27 that such grant would be detrimental to the health, safety, and 28 welfare of the public. 29 (2) In order to qualify as an agricultural enclave under 30 this section, the parcel of land must be a parcel that: 31 (a) Is owned by a single person or entity; 32 (b) Has been in continuous use for bona fide agricultural 33 purposes, as defined by s. 193.461, for a period of 5 years 34 before the date of any comprehensive plan amendment application; 35 (c) Is surrounded on at least 95 percent of its perimeter 36 by property that the local government has designated as land 37 that may be developed for industrial, commercial, or residential 38 purposes; and 39 (d) Does not exceed 650 acres but is not smaller than 500 40 acres. 41 42 In order to qualify for the redesignation as an enclave, the 43 owner of a parcel of land meeting the requirements of paragraphs 44 (a)-(d) must apply for the redesignation by January 1, 2014. 45 Section 6. (1) Except as provided in subsection (4), and in 46 recognition of 2012 real estate market conditions, any building 47 permit, and any permit issued by the Department of Environmental 48 Protection or by a water management district pursuant to part IV 49 of chapter 373, Florida Statutes, which has an expiration date 50 from January 1, 2011, through January 1, 2014, is extended and 51 renewed for a period of 2 years after its previously scheduled 52 date of expiration. This extension includes any local 53 government-issued development order or building permit, 54 including certificates of levels of service. This section does 55 not prohibit conversion from the construction phase to the 56 operation phase upon completion of construction. This extension 57 is in addition to any existing permit extension. Extensions 58 granted pursuant to this section; section 14 of chapter 2009-96, 59 Laws of Florida, as reauthorized by section 47 of chapter 2010 60 147, Laws of Florida; section 46 of chapter 2010-147, Laws of 61 Florida; section 74 of chapter 2011-139, Laws of Florida; or 62 section 79 of chapter 2011-139, Laws of Florida, may not exceed 63 4 years in total. However, this section does not authorize the 64 further extension of a specific development order granted 65 pursuant to s. 380.06(19)(c)2., Florida Statutes. 66 (2) The commencement and completion dates for any required 67 mitigation associated with a phased construction project shall 68 be extended so that mitigation takes place in the same timeframe 69 relative to the phase as originally permitted. 70 (3) The holder of a valid permit or other authorization 71 that is eligible for the 2-year extension must notify the 72 authorizing agency in writing by December 31, 2012, identifying 73 the specific authorization for which the holder intends to use 74 the extension and the anticipated timeframe for acting on the 75 authorization. 76 (4) The extension provided for in subsection (1) does not 77 apply to: 78 (a) A permit or other authorization under any programmatic 79 or regional general permit issued by the Army Corps of 80 Engineers. 81 (b) A permit or other authorization held by an owner or 82 operator determined to be in significant noncompliance with the 83 conditions of the permit or authorization as established through 84 the issuance of a warning letter or notice of violation, the 85 initiation of formal enforcement, or other equivalent action by 86 the authorizing agency. 87 (c) A permit or other authorization that, if granted an 88 extension, would delay or prevent compliance with a court order. 89 (5) Permits extended under this section shall continue to 90 be governed by the rules in effect at the time the permit was 91 issued, except if it is demonstrated that the rules in effect at 92 the time the permit was issued would create an immediate threat 93 to public safety or health. This provision applies to any 94 modification of the plans, terms, and conditions of the permit 95 which lessens the environmental impact, except that any such 96 modification may not extend the time limit beyond 2 additional 97 years. 98 (6) This section does not impair the authority of a county 99 or municipality to require the owner of a property that has 100 notified the county or municipality of the owner’s intent to 101 receive the extension of time granted pursuant to this section 102 to maintain and secure the property in a safe and sanitary 103 condition in compliance with applicable laws and ordinances. 104 105 ================= T I T L E A M E N D M E N T ================ 106 And the title is amended as follows: 107 Delete line 7 108 and insert: 109 made by the act; creating s. 163.3165, F.S.; providing 110 for application and approval of an amendment to the 111 local comprehensive plan by the owner of land that 112 meets certain criteria as an agricultural enclave; 113 creating a 2-year permit extension for certain 114 building permits and permits issued by the Department 115 of Environmental Protection or a water management 116 district; providing an effective date.