Florida Senate - 2025 SENATOR AMENDMENT
Bill No. CS for SB 1080
Ì970542ÂÎ970542
LEGISLATIVE ACTION
Senate . House
.
.
.
Floor: 3/AD/2R .
04/23/2025 02:21 PM .
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
Senator McClain moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 266 - 315
4 and insert:
5 quasi-judicial process or public hearing.
6 (h) For purposes of determining adjacency under this
7 subsection:
8 1. A parcel is adjacent to another parcel if it shares a
9 continuous boundary of at least 100 feet, including where such
10 parcels are separated by a public street or other public right
11 of-way.
12 2. A retention pond, stormwater area, park, or other
13 designated common area of a community counts toward the 100-foot
14 boundary requirement provided in subparagraph 1. if the parcel
15 has the same or substantially similar zoning classification as
16 the parcel being used by the agricultural enclave for density
17 purposes. This applies to a parcel, regardless of whether such
18 parcel contains residential lots, provided the parcel has the
19 same or similar zoning as the parcels containing residential
20 lots and was part of the development review of the adjoining
21 subdivision.
22 3. Multiple parcels aggregated within a single unified
23 application concerning an enclave parcel or development site
24 satisfy the adjacency requirements of this subsection if, in the
25 aggregate, the combined parcels meet the 100-foot boundary
26 requirement provided in subparagraph 1 AMENDMENT TO LOCAL
27 GOVERNMENT COMPREHENSIVE PLAN.—The owner of a parcel of land
28 defined as an agricultural enclave under s. 163.3164 may apply
29 for an amendment to the local government comprehensive plan
30 pursuant to s. 163.3184. Such amendment is presumed not to be
31 urban sprawl as defined in s. 163.3164 if it includes land uses
32 and intensities of use that are consistent with the uses and
33 intensities of use of the industrial, commercial, or residential
34 areas that surround the parcel. This presumption may be rebutted
35 by clear and convincing evidence. Each application for a
36 comprehensive plan amendment under this subsection for a parcel
37 larger than 640 acres must include appropriate new urbanism
38 concepts such as clustering, mixed-use development, the creation
39 of rural village and city centers, and the transfer of
40 development rights in order to discourage urban sprawl while
41 protecting landowner rights.
42 (a) The local government and the owner of a parcel of land
43 that is the subject of an application for an amendment shall
44 have 180 days following the date that the local government
45 receives a complete application to negotiate in good faith to
46 reach consensus on the land uses and intensities of use that are
47 consistent with the uses and intensities of use of the
48 industrial, commercial, or residential areas that surround the
49 parcel. Within 30 days after the local government’s receipt of
50 such an application, the local government and owner must agree
51 in writing to a schedule for information submittal, public
52 hearings, negotiations, and final action on the amendment, which
53 schedule may thereafter be altered only with the written consent
54 of the local government and the owner. Compliance with the
55 schedule in the written agreement constitutes good faith
56 negotiations for purposes of paragraph (c).
57 (b) Upon conclusion of good faith negotiations under
58 paragraph (a), regardless of whether the local government and
59 owner reach consensus on the land uses and intensities of use
60 that are consistent with the uses and intensities of use of the
61 industrial, commercial, or residential areas that surround the
62 parcel, the amendment must be transmitted to the state land
63 planning agency for review pursuant to s. 163.3184. If the local
64 government fails to transmit the amendment within 180 days after
65 receipt of a complete application, the amendment must be
66 immediately transferred to the state land planning agency for
67 such review. A plan amendment transmitted to the state land
68 planning agency submitted under this subsection is presumed not
69 to be urban sprawl as defined in s. 163.3164. This presumption
70 may be rebutted by clear and convincing evidence.
71 (c) If the owner fails to negotiate in good faith, a plan
72 amendment submitted under this subsection is not entitled to the
73 rebuttable presumption under this subsection in the negotiation
74 and amendment process.
75 (i)(d) Nothing within this subsection relating to
76
77 ================= T I T L E A M E N D M E N T ================
78 And the title is amended as follows:
79 Delete line 35
80 and insert:
81 government’s comprehensive plan; providing
82 circumstances under which parcels are adjacent;
83 revising