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)
    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.
   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.
  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.