Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. SB 1080
Ì654956RÎ654956
LEGISLATIVE ACTION
Senate . House
Comm: WD .
04/02/2025 .
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The Committee on Judiciary (McClain) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Between lines 174 and 175
4 insert:
5 Section 2. Subsection (4) of section 163.3162, Florida
6 Statutes, is amended to read:
7 163.3162 Agricultural lands and practices.—
8 (4) AGRICULTURAL ENCLAVES AMENDMENT TO LOCAL GOVERNMENT
9 COMPREHENSIVE PLAN.—
10 (a) Notwithstanding any other law or local ordinance or
11 regulation, a local government may approve the development of
12 housing on a parcel of land that is an agricultural enclave as
13 defined in s. 163.3164 if the development meets the land use
14 requirements, including uses, density, and intensity, consistent
15 with those applicable to an adjacent property with existing
16 residential development. A development authorized under this
17 subsection must be treated as a conforming use, notwithstanding
18 the local government’s comprehensive plan, future land use
19 designation, or zoning.
20 (b) The owner of a parcel of land that is defined as an
21 agricultural enclave as defined in under s. 163.3164 may apply
22 for an amendment to the local government comprehensive plan
23 pursuant to s. 163.3184. Such amendment is presumed not to be
24 urban sprawl as defined in s. 163.3164 if it includes land uses
25 and intensities of use that are consistent with the uses and
26 intensities of use of the industrial, commercial, or residential
27 areas that surround the parcel. This presumption may be rebutted
28 by clear and convincing evidence. Each application for a
29 comprehensive plan amendment under this subsection for a parcel
30 larger than 640 acres must include appropriate new urbanism
31 concepts such as clustering, mixed-use development, the creation
32 of rural village and city centers, and the transfer of
33 development rights in order to discourage urban sprawl while
34 protecting landowner rights.
35 (a) The local government and the owner of a parcel of land
36 that is the subject of an application for an amendment shall
37 have 180 days following the date that the local government
38 receives a complete application to negotiate in good faith to
39 reach consensus on the land uses and intensities of use that are
40 consistent with the uses and intensities of use of the
41 industrial, commercial, or residential areas that surround the
42 parcel. Within 30 days after the local government’s receipt of
43 such an application, the local government and owner must agree
44 in writing to a schedule for information submittal, public
45 hearings, negotiations, and final action on the amendment, which
46 schedule may thereafter be altered only with the written consent
47 of the local government and the owner. Compliance with the
48 schedule in the written agreement constitutes good faith
49 negotiations for purposes of paragraph (c).
50 (b) Upon conclusion of good faith negotiations under
51 paragraph (a), regardless of whether the local government and
52 owner reach consensus on the land uses and intensities of use
53 that are consistent with the uses and intensities of use of the
54 industrial, commercial, or residential areas that surround the
55 parcel, the amendment must be transmitted to the state land
56 planning agency for review pursuant to s. 163.3184. If the local
57 government fails to transmit the amendment within 180 days after
58 receipt of a complete application, the amendment must be
59 immediately transferred to the state land planning agency for
60 such review. A plan amendment transmitted to the state land
61 planning agency submitted under this subsection is presumed not
62 to be urban sprawl as defined in s. 163.3164. This presumption
63 may be rebutted by clear and convincing evidence.
64 (c) If the owner fails to negotiate in good faith, a plan
65 amendment submitted under this subsection is not entitled to the
66 rebuttable presumption under this subsection in the negotiation
67 and amendment process.
68 (d) Nothing within this subsection relating to agricultural
69 enclaves preempts or replaces shall preempt or replace any
70 protection currently existing for any property located within
71 the boundaries of the following areas:
72 1. The Wekiva Study Area, as described in s. 369.316; or
73 2. The Everglades Protection Area, as defined in s.
74 373.4592(2).
75 Section 3. Subsection (4) of section 163.3164, Florida
76 Statutes, is amended to read:
77 163.3164 Community Planning Act; definitions.—As used in
78 this act:
79 (4) “Agricultural enclave” means an unincorporated,
80 undeveloped parcel or parcels that:
81 (a) Are Is owned or controlled by a single person or
82 entity;
83 (b) Have Has been in continuous use for bona fide
84 agricultural purposes, as defined in s. 193.461(3)(b) by s.
85 193.461, for a period of 5 years before prior to the date of any
86 comprehensive plan amendment or development application;
87 (c)1. Are Is surrounded on at least 75 percent of their its
88 perimeter by:
89 a.1. A parcel or parcels Property that have has existing
90 industrial, commercial, or residential development; or
91 b.2. A parcel or parcels Property that the local government
92 has designated, in the local government’s comprehensive plan,
93 zoning map, and future land use map, as land that is to be
94 developed for industrial, commercial, or residential purposes,
95 and at least 75 percent of such parcel or parcels are property
96 is existing industrial, commercial, or residential development;
97 or
98 2. Do not exceed 700 acres and are surrounded on at least
99 50 percent of their perimeter by a parcel or parcels that the
100 local government has designated in the local government’s
101 comprehensive plan and future land use map as land that is to be
102 developed for industrial, commercial, or residential purposes;
103 and the parcel or parcels are surrounded on at least 50 percent
104 of their perimeter by a parcel or parcels within an urban
105 service district, area, or line;
106 (d) Have Has public services, including water, wastewater,
107 transportation, schools, and recreation facilities, available or
108 such public services are scheduled in the capital improvement
109 element to be provided by the local government or can be
110 provided by an alternative provider of local government
111 infrastructure in order to ensure consistency with applicable
112 concurrency provisions of s. 163.3180, or the applicant offers
113 to enter into a binding agreement to pay for, construct, or
114 contribute land for its proportionate share of such
115 improvements; and
116 (e) Do Does not exceed 1,280 acres; however, if the parcel
117 or parcels are property is surrounded by existing or authorized
118 residential development that will result in a density at
119 buildout of at least 1,000 residents per square mile, then the
120 area must shall be determined to be urban and the parcel or
121 parcels may not exceed 4,480 acres.
122
123 Where a right-of-way, body of water, or canal exists along the
124 perimeter of a parcel, the perimeter calculations of the
125 agricultural enclave must be based on the parcel or parcels
126 across the right-of-way, body of water, or canal.
127
128 ================= T I T L E A M E N D M E N T ================
129 And the title is amended as follows:
130 Delete line 13
131 and insert:
132 providing exceptions; amending s. 163.3162, F.S.;
133 authorizing a local government to approve the
134 development of housing on certain parcels under
135 certain circumstances; requiring that such a
136 development be treated as a conforming use; deleting a
137 provision requiring that a specified presumption be
138 rebutted by clear and convincing evidence; deleting
139 provisions relating to comprehensive plan amendment
140 applications; deleting provisions relating to certain
141 good faith negotiations; amending s. 163.3164, F.S.;
142 revising the definition of the term “agricultural
143 enclave”; amending s. 163.3184, F.S.;