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.;