Florida Senate - 2015 SB 1244 By Senator Dean 5-00179A-15 20151244__ 1 A bill to be entitled 2 An act relating to constrained agricultural parcels; 3 amending s. 163.3164, F.S.; defining the term 4 “constrained agricultural parcel”; amending s. 5 163.3162, F.S.; authorizing specified landowners to 6 apply for an amendment to a local government 7 comprehensive plan; requiring the local government and 8 the owner of land to agree in writing to a schedule 9 and to negotiate a consensus on the consistency of 10 uses, densities, and intensities within a specified 11 period of time; establishing a presumption that the 12 amendment is not an urban sprawl under certain 13 conditions; requiring that the amendment be 14 transmitted by the local government to the state land 15 planning agency for review; transferring the amendment 16 to the state land planning agency under certain 17 circumstances; limiting the authority of the local 18 government to establish specified prohibitions on the 19 constrained agricultural parcel under certain 20 circumstances; exempting specified property; providing 21 an effective date. 22 23 Be It Enacted by the Legislature of the State of Florida: 24 25 Section 1. Subsections (11) through (51) of section 26 163.3164, Florida Statutes, are redesignated as subsections (12) 27 through (52), respectively, and a new subsection (11) is added 28 to that section, to read: 29 163.3164 Community Planning Act; definitions.—As used in 30 this act: 31 (11) “Constrained agricultural parcel” means an 32 unincorporated, undeveloped parcel of land: 33 (a) That is owned by a single person or entity or by 34 affiliated or related entities; 35 (b) At least 75 percent of which has been in continuous use 36 for a bona fide agricultural purpose as defined in s. 193.461 37 for a period of 3 years before the date of any comprehensive 38 plan amendment application; 39 (c) That has at least 1 mile of its boundary adjacent to 40 existing industrial, commercial, or residential development; 41 (d) That has at least 1 mile of its boundary adjacent to 42 lands that have been designated in the local government’s 43 comprehensive plan, zoning map, or future land use map as land 44 that cannot be developed for industrial, commercial, or 45 residential development; and 46 (e) That does not exceed 6,400 acres. 47 48 Multiple parcels of land shall be considered a constrained 49 agricultural parcel if such parcels are owned by a single person 50 or entity or by affiliated or related entities; the largest 51 parcel independently meets the criteria of paragraphs (b)-(d); 52 any additional parcels are located contiguous to or within 3,500 53 linear feet of the largest parcel; and the aggregated parcels do 54 not exceed 6,400 acres. 55 Section 2. Subsection (5) is added to section 163.3162, 56 Florida Statutes, to read: 57 163.3162 Agricultural Lands and Practices.— 58 (5) FUTURE PLANNING OF ACTIVE AGRICULTURAL LANDS ADJACENT 59 TO DEVELOPMENT.—The owner of a constrained agricultural parcel 60 may apply for an amendment to the local government comprehensive 61 plan pursuant to s. 163.3184. 62 (a) The local government and the owner of the constrained 63 agricultural parcel that is the subject of an application for an 64 amendment have 30 days after the local government’s receipt of a 65 complete application to agree in writing to a schedule for 66 information submittal, public hearings, negotiations, and final 67 action on the amendment. Such schedule may be altered only with 68 the written consent of the local government and the owner. 69 Compliance with the schedule in the written agreement 70 constitutes good faith negotiations. 71 (b) The local government and the owner of the constrained 72 agricultural parcel have 180 days after the date the local 73 government receives a complete application to negotiate in good 74 faith to reach consensus as to whether the uses, densities, and 75 intensities included in the amendment are consistent with the 76 most prevalent surrounding uses, densities, and intensities 77 within a 3-mile radius of the constrained agricultural parcel, 78 excluding the adjacent lands described in s. 163.3164(11)(d), 79 whether such surrounding uses, densities, and intensities are 80 developed, or approved but not yet developed. 81 (c) If an amendment includes uses, densities, and 82 intensities that are consistent with the most prevalent 83 surrounding uses, densities, and intensities within a 3-mile 84 radius of the constrained agricultural parcel, excluding the 85 adjacent lands described in s. 163.3164(11)(d), whether such 86 surrounding uses, densities, and intensities are developed, or 87 approved but not yet developed, the amendment is presumed not to 88 be urban sprawl as defined in s. 163.3164. This presumption may 89 be rebutted by clear and convincing evidence. 90 (d) Regardless of whether the local government and the 91 owner reach a consensus, the local government shall transmit the 92 amendment to the state land planning agency for review pursuant 93 to s. 163.3184 upon the conclusion of the good faith 94 negotiations. If the local government fails to transmit the 95 amendment within 180 days after receipt of a complete 96 application, the amendment shall immediately transfer to the 97 state land planning agency for such review. An amendment 98 transmitted to the state land planning agency is presumed not to 99 be urban sprawl as defined in s. 163.3164. This presumption may 100 be rebutted by clear and convincing evidence. 101 (e) Notwithstanding a comprehensive plan, a local 102 government may not impose a development condition that prohibits 103 uses, densities, and intensities that are consistent with the 104 most prevalent surrounding uses, densities, and intensities of 105 lands within a 3-mile radius of the constrained agricultural 106 parcel, excluding the adjacent lands described in s. 107 163.3164(11)(d), whether such surrounding uses, densities, and 108 intensities are developed, or are approved but not yet 109 developed. If a local government imposes such development 110 conditions, the owner may apply to the circuit court for 111 appropriate relief pursuant to s. 70.001. The imposition of such 112 conditions is presumed to impose an inordinate burden that may 113 be rebutted by clear and convincing evidence. This subsection 114 does not apply to comprehensive plan provisions, development 115 conditions, or land development regulations enacted to address 116 compatibility of uses with military operations or installations. 117 (f) A plan amendment submitted under this subsection is not 118 entitled to the rebuttable presumption in the negotiation and 119 amendment process if the owner fails to negotiate in good faith. 120 (g) This subsection does not preempt or replace any 121 protection currently existing for any property located within 122 the boundaries of: 123 1. The Wekiva Study Area as defined in s. 369.316; or 124 2. The Everglades Protection Area as defined in s. 125 373.4592(2). 126 Section 3. This act shall take effect upon becoming law.