Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. SB 1080
Ì659760:Î659760
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/16/2025 .
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The Committee on Rules (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.—
9 (a) Notwithstanding any other law or local ordinance,
10 resolution, or regulation, the owner of a parcel of land may
11 apply to the governing body of the local government for
12 certification of the parcel as an agricultural enclave as
13 defined in s. 163.3164 if one or more adjacent parcels or an
14 adjacent development permits the same density as, or higher
15 density than, the proposed development.
16 (b) Within 30 days after the local government’s receipt of
17 such an application, the local government must provide to the
18 applicant a written report detailing the application’s
19 compliance with the requirements of this subsection.
20 (c) Within 30 days after the local government provides the
21 report required under paragraph (b), the local government must
22 hold a public hearing to approve or deny certification of the
23 parcel as an agricultural enclave. If the local government does
24 not approve or deny certification of the parcel as an
25 agricultural enclave within 90 days after receipt of the
26 application, the parcel must be certified as an agricultural
27 enclave.
28 (d) If the application is denied, the governing body of the
29 local government must issue its decision in writing with
30 detailed findings of fact and conclusions of law. The applicant
31 may seek review of the denial by filing a petition for writ of
32 certiorari in the circuit court within 30 days after the date
33 the local government renders its decision.
34 (e) If the application is approved, the owner of the parcel
35 certified as an agricultural enclave may submit development
36 plans for single-family residential housing which are consistent
37 with the land use requirements, or future land use designations,
38 including uses, density, and intensity, of one or more adjacent
39 parcels or an adjacent development. A development submitted
40 under this paragraph must be treated as a conforming use,
41 notwithstanding the local government’s comprehensive plan,
42 future land use designation, or zoning.
43 (f) A local government may not enact or enforce a law or
44 regulation for an agricultural enclave which is more burdensome
45 than for other types of applications for comparable uses or
46 densities. A local government must treat an agricultural enclave
47 that is adjacent to an urban service district as if it is within
48 the urban service district.
49 (g) Within 30 business days after the local government’s
50 receipt of development plans under paragraph (e), the local
51 government and the owner of the parcel certified as an
52 agricultural enclave must agree in writing to a process and
53 schedule for information submittal, analysis, and final
54 approval, which may be administrative in nature, of the
55 development plans. The local government may not require the
56 owner to agree to a process that is longer than 180 days in
57 duration or that includes further review of the plans in a
58 quasi-judicial process or public hearing AMENDMENT TO LOCAL
59 GOVERNMENT COMPREHENSIVE PLAN.—The owner of a parcel of land
60 defined as an agricultural enclave under s. 163.3164 may apply
61 for an amendment to the local government comprehensive plan
62 pursuant to s. 163.3184. Such amendment is presumed not to be
63 urban sprawl as defined in s. 163.3164 if it includes land uses
64 and intensities of use that are consistent with the uses and
65 intensities of use of the industrial, commercial, or residential
66 areas that surround the parcel. This presumption may be rebutted
67 by clear and convincing evidence. Each application for a
68 comprehensive plan amendment under this subsection for a parcel
69 larger than 640 acres must include appropriate new urbanism
70 concepts such as clustering, mixed-use development, the creation
71 of rural village and city centers, and the transfer of
72 development rights in order to discourage urban sprawl while
73 protecting landowner rights.
74 (a) The local government and the owner of a parcel of land
75 that is the subject of an application for an amendment shall
76 have 180 days following the date that the local government
77 receives a complete application to negotiate in good faith to
78 reach consensus on the land uses and intensities of use that are
79 consistent with the uses and intensities of use of the
80 industrial, commercial, or residential areas that surround the
81 parcel. Within 30 days after the local government’s receipt of
82 such an application, the local government and owner must agree
83 in writing to a schedule for information submittal, public
84 hearings, negotiations, and final action on the amendment, which
85 schedule may thereafter be altered only with the written consent
86 of the local government and the owner. Compliance with the
87 schedule in the written agreement constitutes good faith
88 negotiations for purposes of paragraph (c).
89 (b) Upon conclusion of good faith negotiations under
90 paragraph (a), regardless of whether the local government and
91 owner reach consensus on the land uses and intensities of use
92 that are consistent with the uses and intensities of use of the
93 industrial, commercial, or residential areas that surround the
94 parcel, the amendment must be transmitted to the state land
95 planning agency for review pursuant to s. 163.3184. If the local
96 government fails to transmit the amendment within 180 days after
97 receipt of a complete application, the amendment must be
98 immediately transferred to the state land planning agency for
99 such review. A plan amendment transmitted to the state land
100 planning agency submitted under this subsection is presumed not
101 to be urban sprawl as defined in s. 163.3164. This presumption
102 may be rebutted by clear and convincing evidence.
103 (c) If the owner fails to negotiate in good faith, a plan
104 amendment submitted under this subsection is not entitled to the
105 rebuttable presumption under this subsection in the negotiation
106 and amendment process.
107 (h)(d) Nothing within this subsection relating to
108 agricultural enclaves shall preempt or replace any protection
109 currently existing for any property located within the
110 boundaries of any of the following areas:
111 1. The Wekiva Study Area, as described in s. 369.316.; or
112 2. The Everglades Protection Area, as defined in s.
113 373.4592(2).
114 3. A military installation or range identified in s.
115 163.3175(2).
116 Section 3. Subsection (4) of section 163.3164, Florida
117 Statutes, is amended to read:
118 163.3164 Community Planning Act; definitions.—As used in
119 this act:
120 (4) “Agricultural enclave” means an unincorporated,
121 undeveloped parcel or parcels that as of January 1, 2025:
122 (a) Are Is owned or controlled by a single person or
123 entity;
124 (b) Have Has been in continuous use for bona fide
125 agricultural purposes, as defined by s. 193.461, for a period of
126 5 years before prior to the date of any comprehensive plan
127 amendment or development application;
128 (c)1. Are Is surrounded on at least 75 percent of their its
129 perimeter by:
130 a.1. A parcel or parcels Property that have has existing
131 industrial, commercial, or residential development; or
132 b.2. A parcel or parcels Property that the local government
133 has designated, in the local government’s comprehensive plan,
134 zoning map, and future land use map, as land that is to be
135 developed for industrial, commercial, or residential purposes,
136 and at least 75 percent of such parcel or parcels property is
137 existing industrial, commercial, or residential development;
138 2. Do not exceed 700 acres and are surrounded on at least
139 50 percent of their perimeter by a parcel or parcels that the
140 local government has designated on the local government’s future
141 land use map as land that is to be developed for industrial,
142 commercial, or residential purposes; and the parcel or parcels
143 are surrounded on at least 50 percent of their perimeter by a
144 parcel or parcels within an urban service district, area, or
145 line; or
146 3. Are located within the boundary of an established rural
147 study area adopted in the local government’s comprehensive plan
148 which was intended to be developed with residential uses and is
149 surrounded on at least 50 percent of its perimeter by a parcel
150 or parcels that the local government has designated on the local
151 government’s future land use plan as land that can be developed
152 for industrial, commercial, or residential purposes.
153 (d) Have Has public services, including water, wastewater,
154 transportation, schools, and recreation facilities, available or
155 such public services are scheduled in the capital improvement
156 element to be provided by the local government or can be
157 provided by an alternative provider of local government
158 infrastructure in order to ensure consistency with applicable
159 concurrency provisions of s. 163.3180, or the applicant offers
160 to enter into a binding agreement to pay for, construct, or
161 contribute land for its proportionate share of such
162 improvements; and
163 (e) Do Does not exceed 1,280 acres; however, if the parcel
164 or parcels are property is surrounded by existing or authorized
165 residential development that will result in a density at
166 buildout of at least 1,000 residents per square mile, then the
167 area must shall be determined to be urban and the parcel or
168 parcels may not exceed 4,480 acres; and
169 (f) Are located within a county with a population of 1.75
170 million or less. For purposes of this subsection, population
171 shall be determined in accordance with the most recent official
172 estimate pursuant to s. 186.901.
173
174 Where a right-of-way, body of water, or canal exists along the
175 perimeter of a parcel, the perimeter calculations of the
176 agricultural enclave must be based on the adjacent parcel or
177 parcels across the right-of-way, body of water, or canal.
178 Section 4. The amendments made by this act to ss.
179 163.3162(4) and 163.3164(4), Florida Statutes, shall expire
180 January 1, 2027, and the text of those subsections shall revert
181 to that in existence on September 30, 2025, except that any
182 amendments to such text enacted other than by this act shall be
183 preserved and continue to operate to the extent that such
184 amendments are not dependent upon the portions of text which
185 expire pursuant to this section.
186 Section 5. Present paragraph (j) of subsection (6) of
187 section 163.3180, Florida Statutes, is redesignated as paragraph
188 (k), and a new paragraph (j) is added to that subsection, to
189 read:
190 163.3180 Concurrency.—
191 (6)
192 (j) A school district may not collect, charge, or impose
193 any alternative fee in lieu of an impact fee to mitigate the
194 impact of development on educational facilities unless such fee
195 meets the requirements of s. 163.31801(4)(f) and (g). In any
196 action challenging a fee under this paragraph, the school
197 district has the burden of proving by a preponderance of the
198 evidence that the imposition and amount of the fee meet the
199 requirements of state legal precedent.
200 Section 6. Paragraphs (g) and (h) of subsection (6) of
201 section 163.31801, Florida Statutes, are amended to read:
202 163.31801 Impact fees; short title; intent; minimum
203 requirements; audits; challenges.—
204 (6) A local government, school district, or special
205 district may increase an impact fee only as provided in this
206 subsection.
207 (g)1. A local government, school district, or special
208 district may increase an impact fee rate beyond the phase-in
209 limitations established under paragraph (b), paragraph (c),
210 paragraph (d), or paragraph (e) by establishing the need for
211 such increase in full compliance with the requirements of
212 subsection (4), provided the following criteria are met:
213 a.1. A demonstrated-need study justifying any increase in
214 excess of those authorized in paragraph (b), paragraph (c),
215 paragraph (d), or paragraph (e) has been completed within the 12
216 months before the adoption of the impact fee increase and
217 expressly demonstrates the extraordinary circumstances
218 necessitating the need to exceed the phase-in limitations.
219 b.2. The local government jurisdiction has held at least
220 not less than two publicly noticed workshops dedicated to the
221 extraordinary circumstances necessitating the need to exceed the
222 phase-in limitations set forth in paragraph (b), paragraph (c),
223 paragraph (d), or paragraph (e).
224 c.3. The impact fee increase ordinance is approved by at
225 least a unanimous two-thirds vote of the governing body.
226 2. An impact fee increase approved under this paragraph
227 must be implemented in at least two but not more than four equal
228 annual increments beginning with the date on which the impact
229 fee increase ordinance is adopted.
230 3. A local government may not increase an impact fee rate
231 beyond the phase-in limitations under this paragraph if the
232 local government has not increased the impact fee within the
233 past 7 years. Any year in which the local government is
234 prohibited from increasing an impact fee because the
235 jurisdiction is in a hurricane disaster area is not included in
236 the 7-year period.
237 (h) This subsection operates retroactively to January 1,
238 2021.
239
240 ================= T I T L E A M E N D M E N T ================
241 And the title is amended as follows:
242 Delete line 13
243 and insert:
244 providing exceptions; amending s. 163.3162, F.S.;
245 authorizing owners of certain parcels to apply to the
246 governing body of the local government for
247 certification of such parcels as agricultural
248 enclaves; requiring the local government to provide to
249 the applicant a certain report within a specified
250 timeframe; requiring the local government to hold a
251 public hearing within a specified timeframe to approve
252 or deny such certification; requiring the governing
253 body to issue certain decisions in writing;
254 authorizing an applicant to seek judicial review under
255 certain circumstances; authorizing the owner of a
256 parcel certified as an agricultural enclave to submit
257 certain development plans; requiring that certain
258 developments be treated as a conforming use;
259 prohibiting a local government from enacting or
260 enforcing certain laws or regulations; requiring a
261 local government to treat certain agricultural
262 enclaves as if they are within urban service
263 districts; requiring the local government and the
264 owner of a parcel certified as an agricultural enclave
265 to enter a certain written agreement; deleting
266 provisions relating to certain amendments to a local
267 government’s comprehensive plan; revising
268 construction; amending s. 163.3164, F.S.; revising the
269 definition of the term “agricultural enclave”;
270 providing for the future expiration and reversion of
271 specified provisions; amending s. 163.3180, F.S.;
272 prohibiting a school district from collecting,
273 charging, or imposing certain fees unless they meet
274 certain requirements; providing a standard of review
275 for actions challenging such fees; amending s.
276 163.31801, F.S.; revising the voting threshold
277 required for approval of certain impact fee increase
278 ordinances by local governments, school districts, and
279 special districts; requiring that certain impact fee
280 increases be implemented in specified increments;
281 prohibiting a local government from increasing an
282 impact fee rate beyond certain phase-in limitations
283 under certain circumstances; deleting retroactive
284 applicability; amending s. 163.3184, F.S.;