Florida Senate - 2012 SENATOR AMENDMENT Bill No. CS for CS for HB 979 Barcode 543740 LEGISLATIVE ACTION Senate . House . . . Floor: 1/AD/2R . Floor: SENA1/C 03/08/2012 03:15 PM . 03/08/2012 05:23 PM ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Bennett moved the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 329 and 330 4 insert: 5 Section 4. (1) Notwithstanding ss. 163.3162 and 163.3164, 6 Florida Statutes, the owner of a parcel of land located in an 7 unincorporated area of a county that qualifies as an 8 agricultural enclave under subsection (2) may apply for an 9 amendment to the local government comprehensive plan pursuant to 10 s. 163.3184, Florida Statutes. The subject of the amendment is 11 presumed not to be urban sprawl, as defined in s. 163.3164, 12 Florida Statutes, if it proposes land uses and intensities of 13 use that are consistent with the existing uses and intensities 14 of use of, or consistent with the uses and intensities of use 15 authorized for, the industrial, commercial, or residential areas 16 that surround the parcel. If the parcel of land that is the 17 subject of an amendment under this section is abutted on all 18 sides by land having only one land use designation, the same 19 land use designation must be presumed by the county to be 20 appropriate for the parcel. The county shall, after considering 21 the proposed density and intensity, grant the parcel the same 22 land use designation as the surrounding parcels that abut the 23 parcel unless the county finds by clear and convincing evidence 24 that the grant would be detrimental to the health, safety, and 25 welfare of its residents. 26 (2) In order to qualify as an agricultural enclave under 27 this section, the parcel of land must be a parcel that: 28 (a) Is owned by a single person or entity; 29 (b) Has been in continuous use for bona fide agricultural 30 purposes, as defined by s. 193.461, Florida Statutes, for at 31 least 5 years before the date of any comprehensive plan 32 amendment application; 33 (c) Is surrounded on at least 95 percent of its perimeter 34 by property that the local government has designated as land 35 that may be developed for industrial, commercial, or residential 36 purposes; and 37 (d) Does not exceed 640 acres but is not smaller than 500 38 acres. 39 (3) This section does not preempt or replace the protection 40 currently existing for property located within the boundaries 41 of: 42 1. The Wekiva Study Area, as described in s. 369.316, 43 Florida Statutes; or 44 2. The Everglades Protection Area, as defined in s. 45 373.4592(2), Florida Statutes. 46 47 In order to qualify under this section as an enclave, the owner 48 of a parcel of land meeting the requirements of subsection (2) 49 must submit a written application to the county by January 1, 50 2013. 51 52 ================= T I T L E A M E N D M E N T ================ 53 And the title is amended as follows: 54 Delete line 24 55 and insert: 56 regional-impact development order; providing a 57 presumption that certain agricultural enclaves do not 58 constitute urban sprawl; establishing qualifications 59 for designation as an agricultural enclave for such 60 purpose and establishing exceptions from the 61 definition for designated protected areas; providing 62 an