Senate Bill sb1712

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 1712

    By Senator Argenziano





    3-1013A-04                                              See HB

  1                      A bill to be entitled

  2         An act relating to agricultural economic

  3         development; creating s. 70.005, F.S.;

  4         providing a cause of action for landowners

  5         aggrieved by certain changes to agricultural

  6         land use; amending s. 163.2514, F.S.; defining

  7         the term "agricultural enclave"; amending s.

  8         163.2517, F.S.; providing for amendment to a

  9         local government comprehensive plan for an

10         agricultural enclave; creating s. 259.047,

11         F.S.; providing requirements relating to

12         purchase of lands for which an agricultural

13         lease exists; amending s. 373.236, F.S.;

14         specifying conditions for permit renewal for

15         the consumptive use of water for agricultural

16         purposes; creating s. 373.407, F.S.; providing

17         for memorandums of agreement regarding

18         qualification for agricultural related

19         exemptions; creating s. 570.384, F.S.;

20         authorizing certain horserace permitholders

21         making specified capital expenditures to

22         conduct any pari-mutuel wagering activity

23         authorized by chapter 550, F.S., or any

24         gambling activity authorized by chapter 849,

25         F.S.; providing requirements; authorizing

26         rulemaking; providing an effective date.

27  

28         WHEREAS, agricultural production is a major contributor

29  to the economy of the state, and

30         WHEREAS, agricultural lands constitute unique and

31  irreplaceable resources of statewide importance, and

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                  SB 1712
    3-1013A-04                                              See HB




 1         WHEREAS, the continuation of agricultural activities

 2  preserves the landscape and environmental resources of the

 3  state, contributes to the increase of tourism, and furthers

 4  the economic self-sufficiency of the people of the state, and

 5         WHEREAS, the development, improvement, and

 6  encouragement of the agricultural industry will result in a

 7  general benefit to the health, safety, and welfare of the

 8  people of the state, NOW, THEREFORE,

 9  

10  Be It Enacted by the Legislature of the State of Florida:

11  

12         Section 1.  Section 70.005, Florida Statutes, is

13  created to read:

14         70.005  Cause of action.--Any landowner aggrieved by

15  the changing of an existing agricultural land use

16  classification or agricultural zoning or the lowering of the

17  current residential density designation by a county which

18  creates an inordinate burden on property classified as

19  agricultural land pursuant to s. 193.461 shall have an

20  immediate cause of action in accordance with the procedures

21  provided in s. 70.001, except that the 180-day-notice period

22  shall be reduced to a 60-day-notice period.

23         Section 2.  Subsections (1) and (2) of section

24  163.2514, Florida Statutes, are renumbered as subsections (2)

25  and (3), respectively, and a new subsection (1) is added to

26  that section to read:

27         163.2514  Growth Policy Act; definitions.--As used in

28  ss. 163.2511-163.2526:

29         (1)  "Agricultural enclave" means any undeveloped area

30  utilized for agricultural purposes and surrounded on at least

31  80 percent of its perimeter by industrial, commercial, or

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                  SB 1712
    3-1013A-04                                              See HB




 1  residential development that exists or has been approved by

 2  the local government, and where public services, including

 3  water, wastewater, transportation, schools, and recreational

 4  facilities, are available or are scheduled to be provided as

 5  part of an adopted 5-year schedule of capital improvements by

 6  the local government or by an alternative public

 7  infrastructure provider, including, but not limited to, any

 8  improvement district, neighborhood improvement district,

 9  community redevelopment district, or community development

10  district.

11         Section 3.  Subsection (7) is added to section

12  163.2517, Florida Statutes, to read:

13         163.2517  Designation of urban infill and redevelopment

14  area; agricultural enclave.--

15         (7)  In order to prevent urban sprawl and provide more

16  efficient delivery of municipal services and facilities, the

17  owner or owners of land defined as an agricultural enclave

18  pursuant to s. 163.2514(1) may apply for an amendment to the

19  local government comprehensive plan pursuant to s. 163.3187.

20  Such amendment may include land uses and intensities of use

21  consistent with the uses and intensities of use of surrounding

22  industrial, commercial, or residential areas. If such

23  amendment is consistent with applicable provisions of ss.

24  163.3177, 163.3178, 163.3180, 163.3191, and 163.3245, the

25  state comprehensive plan, the appropriate regional policy

26  plan, and chapter 9J-5, Florida Administrative Code, the

27  amendment shall be deemed to prevent urban sprawl and be in

28  compliance as defined in s. 163.3184.

29         Section 4.  Section 259.047, Florida Statutes, is

30  created to read:

31  

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                  SB 1712
    3-1013A-04                                              See HB




 1         259.047  Purchase of lands for which an agricultural

 2  lease exists.--When lands are purchased pursuant to this

 3  chapter or chapter 375 for which an agricultural lease exists,

 4  the state must allow the lease to remain in force for a

 5  minimum of 1 year from the purchase date. The purchasing

 6  entity shall make every effort to keep lands in agricultural

 7  production that are in agricultural production at the time of

 8  purchase or have been in agricultural production prior to

 9  purchase when removal of agricultural production may cause a

10  negative economic impact.

11         Section 5.  Subsections (2) and (3) of section 373.236,

12  Florida Statutes, are renumbered as subsections (3) and (4),

13  respectively, and a new subsection (2) is added to that

14  section to read:

15         373.236  Duration of permits; compliance reports.--

16         (2)  An application for renewal of a permit for

17  agricultural uses shall be deemed to have provided reasonable

18  assurances for a 20-year permit if the applicant has

19  demonstrated that there have been no adverse consequences

20  during the previous permit period, the total average daily

21  usage will not increase during the renewal period, and the

22  permittee intends to use the water supply for agricultural

23  purposes during the renewal period. A governing board or the

24  department shall issue a renewal permit for a minimum duration

25  of 20 years.

26         Section 6.  Section 373.407, Florida Statutes, is

27  created to read:

28         373.407  Memorandum of agreement for an agricultural

29  related exemption.--No later than July 1, 2005, the Department

30  of Agriculture and Consumer Services and each water management

31  district shall enter into a memorandum of agreement under

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                  SB 1712
    3-1013A-04                                              See HB




 1  which the Department of Agriculture and Consumer Services

 2  shall issue a determination as to whether an existing or

 3  proposed activity qualifies for an agricultural related

 4  exemption set forth in s. 373.406(2). A memorandum of

 5  agreement shall provide processes and procedures by which the

 6  Department of Agriculture and Consumer Services shall

 7  undertake this review effectively and efficiently and issue a

 8  determination. A memorandum of agreement shall integrate the

 9  review and determination of the Department of Agriculture and

10  Consumer Services into the regulatory program administered by

11  a water management district under this part. A memorandum of

12  agreement shall be developed in a public process and adopted

13  by rule by each affected agency. Except as provided in this

14  section, nothing shall be construed to diminish the authority

15  of a water management district or the Department of

16  Environmental Protection under this part.

17         Section 7.  Section 570.384, Florida Statutes, is

18  created to read:

19         570.384  Agricultural economic development incentive.--

20         (1)  Notwithstanding any provision of law to the

21  contrary, in order to foster agricultural economic development

22  and enhance the horse breeding industry in this state, any

23  entity that would be required to make payments to the Florida

24  Quarter Horse Breeders and Owners Association or the Florida

25  Quarter Horse Racing Promotion Trust Fund and makes in excess

26  of $100 million in capital expenditures on its facility on or

27  after January 1, 2005, may conduct, at any time, any activity

28  authorized by chapter 550 or chapter 849. The entity must

29  conduct a full schedule of live races for its class of

30  horserace permit and average during its annual meet at least

31  one race per performance of another breed of horse. Nothing in

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                  SB 1712
    3-1013A-04                                              See HB




 1  this section shall require the conduct of more than one class

 2  of horserace in any one performance.

 3         (2)  The Department of Agriculture and Consumer

 4  Services shall certify the expenditures related to the capital

 5  improvements and inform the Division of Pari-mutuel Wagering

 6  as to whether the entity meets the investment threshold set

 7  forth in subsection (1). Upon meeting the capital investment

 8  threshold, the entity shall inform the division with its

 9  annual license application of the activities it will conduct,

10  and the division shall authorize those activities in

11  conjunction with the entity's annual license.

12         (3)  The Department of Agriculture and Consumer

13  Services and the Division of Pari-mutuel Wagering may adopt

14  rules pursuant to ss. 120.536(1) and 120.54 to implement the

15  provisions of this section.

16         Section 8.  This act shall take effect July 1, 2004.

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  6

CODING: Words stricken are deletions; words underlined are additions.