HB 0561CS

CHAMBER ACTION



1The State Resources Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to agricultural economic development;
7amending s. 70.001, F.S.; providing a cause of action for
8landowners aggrieved by certain changes to agricultural
9land use; providing a notice period; amending s. 163.2514,
10F.S.; defining the terms "agricultural enclave" and
11"family farm agricultural enclave" for purposes of growth
12policy; amending s. 163.2517, F.S.; authorizing the owner
13of land defined as an agricultural enclave or a family
14farm agricultural enclave to apply for an amendment to the
15local government comprehensive plan and development of
16regional impact approval, if applicable; providing
17requirements relating to application; providing that an
18amendment or approval shall be granted upon failure to act
19in a timely fashion; amending s. 163.3177, F.S.; requiring
20land use plans to establish appropriate uses of lands in
21agricultural enclaves; amending acreage limits for rural
22land stewardship areas; requiring the Department of
23Community Affairs to obtain written agreements from
24landowners designating rural land stewardship areas;
25amending s. 163.3187, F.S.; providing that an agricultural
26enclave comprehensive plan amendment or a large-scale
27comprehensive plan amendment adopted as a result of
28informal mediation may be approved without regard to
29statutory frequency limits; creating s. 259.047, F.S.;
30providing requirements relating to purchase of land on
31which an agricultural lease exists; amending s. 373.0361,
32F.S.; providing for recognition that alternative water
33source options for agricultural self-suppliers are
34limited; amending s. 373.2234, F.S.; correcting a cross
35reference; amending s. 373.236, F.S.; requiring water
36management districts to inform landowners of the option to
37obtain certain consumptive use permits; creating s.
38373.407, F.S.; providing for memoranda of agreement
39regarding qualification for agricultural-related
40exemptions; providing an effective date.
41
42     WHEREAS, agricultural production is a major contributor to
43the economy of the state, and
44     WHEREAS, agricultural lands constitute unique and
45irreplaceable resources of statewide importance, and
46     WHEREAS, the continuation of agricultural activities
47preserves the landscape and environmental resources of the
48state, contributes to the increase of tourism, and furthers the
49economic self-sufficiency of the people of the state, and
50     WHEREAS, the development, improvement, and encouragement
51of the agricultural industry will result in a general benefit
52to the health, safety, and welfare of the people of the state,
53NOW, THEREFORE,
54
55Be It Enacted by the Legislature of the State of Florida:
56
57     Section 1.  Subsection (4), paragraph (a) of subsection
58(5), and paragraph (c) of subsection (6) of section 70.001,
59Florida Statutes, are amended to read:
60     70.001  Private property rights protection.--
61     (4)(a)  Not less than 180 days prior to filing an action
62under this section against a governmental entity, a property
63owner who seeks compensation under this section must present the
64claim in writing to the head of the governmental entity. The
65property owner must submit, along with the claim, a bona fide,
66valid appraisal that supports the claim and demonstrates the
67loss in fair market value to the real property. If the action of
68government is the culmination of a process that involves more
69than one governmental entity, or if a complete resolution of all
70relevant issues, in the view of the property owner or in the
71view of a governmental entity to whom a claim is presented,
72requires the active participation of more than one governmental
73entity, the property owner shall present the claim as provided
74in this section to each of the governmental entities.
75     (b)  A landowner aggrieved by the changing of an existing
76agricultural land use classification or agricultural zoning or
77the lowering of the current density designation which creates an
78inordinate burden on property classified as agricultural land
79pursuant to s. 193.461 shall have a cause of action in
80accordance with the procedures provided in this section, except
81that the 180-day-notice period shall be reduced to a 90-day-
82notice period.
83     (c)(b)  The governmental entity shall provide written
84notice of the claim to all parties to any administrative action
85that gave rise to the claim, and to owners of real property
86contiguous to the owner's property at the addresses listed on
87the most recent county tax rolls. Within 15 days after the claim
88being presented, the governmental entity shall report the claim
89in writing to the Department of Legal Affairs, and shall provide
90the department with the name, address, and telephone number of
91the employee of the governmental entity from whom additional
92information may be obtained about the claim during the pendency
93of the claim and any subsequent judicial action.
94     (d)(c)  During the 180-day-notice period or the 90-day-
95notice period, unless extended by agreement of the parties, the
96governmental entity shall make a written settlement offer to
97effectuate:
98     1.  An adjustment of land development or permit standards
99or other provisions controlling the development or use of land.
100     2.  Increases or modifications in the density, intensity,
101or use of areas of development.
102     3.  The transfer of developmental rights.
103     4.  Land swaps or exchanges.
104     5.  Mitigation, including payments in lieu of onsite
105mitigation.
106     6.  Location on the least sensitive portion of the
107property.
108     7.  Conditioning the amount of development or use
109permitted.
110     8.  A requirement that issues be addressed on a more
111comprehensive basis than a single proposed use or development.
112     9.  Issuance of the development order, a variance, special
113exception, or other extraordinary relief.
114     10.  Purchase of the real property, or an interest therein,
115by an appropriate governmental entity.
116     11.  No changes to the action of the governmental entity.
117
118If the property owner accepts the settlement offer, the
119governmental entity may implement the settlement offer by
120appropriate development agreement; by issuing a variance,
121special exception, or other extraordinary relief; or by other
122appropriate method, subject to paragraph (e)(d).
123     (e)(d)1.  Whenever a governmental entity enters into a
124settlement agreement under this section which would have the
125effect of a modification, variance, or a special exception to
126the application of a rule, regulation, or ordinance as it would
127otherwise apply to the subject real property, the relief granted
128shall protect the public interest served by the regulations at
129issue and be the appropriate relief necessary to prevent the
130governmental regulatory effort from inordinately burdening the
131real property.
132     2.  Whenever a governmental entity enters into a settlement
133agreement under this section which would have the effect of
134contravening the application of a statute as it would otherwise
135apply to the subject real property, the governmental entity and
136the property owner shall jointly file an action in the circuit
137court where the real property is located for approval of the
138settlement agreement by the court to ensure that the relief
139granted protects the public interest served by the statute at
140issue and is the appropriate relief necessary to prevent the
141governmental regulatory effort from inordinately burdening the
142real property.
143     (5)(a)  During the 180-day-notice period or the 90-day-
144notice period, unless a settlement offer is accepted by the
145property owner, each of the governmental entities provided
146notice pursuant to paragraph (4)(a) shall issue a written
147ripeness decision identifying the allowable uses to which the
148subject property may be put. The failure of the governmental
149entity to issue a written ripeness decision during the 180-day-
150notice period or the 90-day-notice period shall be deemed to
151ripen the prior action of the governmental entity, and shall
152operate as a ripeness decision that has been rejected by the
153property owner. The ripeness decision, as a matter of law,
154constitutes the last prerequisite to judicial review, and the
155matter shall be deemed ripe or final for the purposes of the
156judicial proceeding created by this section, notwithstanding the
157availability of other administrative remedies.
158     (6)
159     (c)1.  In any action filed pursuant to this section, the
160property owner is entitled to recover reasonable costs and
161attorney fees incurred by the property owner, from the
162governmental entity or entities, according to their
163proportionate share as determined by the court, from the date of
164the filing of the circuit court action, if the property owner
165prevails in the action and the court determines that the
166settlement offer, including the ripeness decision, of the
167governmental entity or entities did not constitute a bona fide
168offer to the property owner which reasonably would have resolved
169the claim, based upon the knowledge available to the
170governmental entity or entities and the property owner during
171the 180-day-notice period or the 90-day-notice period.
172     2.  In any action filed pursuant to this section, the
173governmental entity or entities are entitled to recover
174reasonable costs and attorney fees incurred by the governmental
175entity or entities from the date of the filing of the circuit
176court action, if the governmental entity or entities prevail in
177the action and the court determines that the property owner did
178not accept a bona fide settlement offer, including the ripeness
179decision, which reasonably would have resolved the claim fairly
180to the property owner if the settlement offer had been accepted
181by the property owner, based upon the knowledge available to the
182governmental entity or entities and the property owner during
183the 180-day-notice period or the 90-day-notice period.
184     3.  The determination of total reasonable costs and
185attorney fees pursuant to this paragraph shall be made by the
186court and not by the jury. Any proposed settlement offer or any
187proposed ripeness decision, except for the final written
188settlement offer or the final written ripeness decision, and any
189negotiations or rejections in regard to the formulation either
190of the settlement offer or the ripeness decision, are
191inadmissible in the subsequent proceeding established by this
192section except for the purposes of the determination pursuant to
193this paragraph.
194     Section 2.  Subsections (1) and (2) of section 163.2514,
195Florida Statutes, are renumbered as subsections (3) and (4),
196respectively, and new subsections (1) and (2) are added to said
197section to read:
198     163.2514  Growth Policy Act; definitions.--As used in ss.
199163.2511-163.2526:
200     (1)  "Agricultural enclave" means any unincorporated,
201undeveloped parcel owned by a single person or entity that
202satisfies all of the following criteria:
203     (a)  The size of an enclave shall not exceed 2,560 acres,
204provided that when an enclave parcel is active production
205agriculture and a damaging pest, disease, or natural disaster
206had or has been identified within 5 miles of the agricultural
207property, the size shall not exceed 5,120 acres.
208     (b)  The parcel has been in continuous use for bona fide
209agricultural purposes, as defined in s. 193.461, for a period of
2105 years prior to the date of any comprehensive plan amendment
211application.
212     (c)  The parcel is surrounded on at least 75 percent of its
213perimeter by existing industrial, commercial, or residential
214development or property that the local government has designated
215as land to be developed for industrial, commercial, or
216residential purposes and only requires building and related
217permits for that use without further amendment of a local
218government comprehensive plan.
219     (d)  Public services, including water, wastewater,
220transportation, schools, and recreation facilities, are
221available or are scheduled to be provided as part of an adopted
2225-year schedule of capital improvements by the local government
223or by an alternative local government public infrastructure
224provider.
225     (2)  "Family farm agricultural enclave" means an
226undeveloped parcel of land not exceeding 500 acres that meets
227the criteria for an agricultural enclave.
228     Section 3.  Subsection (7) is added to section 163.2517,
229Florida Statutes, to read:
230     163.2517  Designation of urban infill and redevelopment
231area; agricultural enclaves.--
232     (7)(a)  In order to preserve commercial agricultural
233activity, encourage mixed-use infill development, prevent urban
234sprawl, and provide more efficient delivery of municipal
235services and facilities, the owner of land defined as an
236agricultural enclave pursuant to s. 163.2514(1) may apply for an
237amendment to the local government comprehensive plan pursuant to
238s. 163.3187 and development of regional impact approval, if
239applicable. Such amendment and development of regional impact
240approval, if applicable, may include land uses and intensities
241of use consistent with the uses and intensities of use of
242surrounding industrial, commercial, or residential areas. Any
243application for a comprehensive plan amendment and development
244of regional impact approval, if applicable, shall include
245appropriate "new urbanism" concepts such as clustering, mixed-
246use development, the creation of rural village and city centers,
247and the transfer of development rights in order to discourage
248urban sprawl while protecting landowner rights. If such
249amendment and application for development of regional impact
250approval is otherwise consistent with applicable provisions of
251ss. 163.3177, 163.3178, 163.3180, 163.3191, and 163.3245, the
252state comprehensive plan, the appropriate regional policy plan,
253and chapter 9J-5, Florida Administrative Code, the amendment
254shall be deemed to prevent urban sprawl and be in compliance as
255defined in s. 163.3184, and the application for development of
256regional impact shall be approved.
257     (b)  The owner of land defined as a family farm
258agricultural enclave pursuant to s. 163.2514(2) may apply for an
259amendment to the local government comprehensive plan pursuant to
260s. 163.3187. Such amendment may include land uses and
261intensities of use consistent with the uses and intensities of
262use of surrounding industrial, commercial, or residential areas.
263If such amendment is otherwise consistent with applicable
264provisions of ss. 163.3177, 163.3178, 163.3180, 163.3191, and
265163.3245, the state comprehensive plan, the appropriate regional
266policy plan, and chapter 9J-5, Florida Administrative Code, the
267amendment shall be deemed to prevent urban sprawl and be in
268compliance as defined in s. 163.3184.
269     (c)  If the local government has failed to act within 180
270days on the comprehensive plan amendment or application for
271development of regional impact approval, the agricultural
272enclaves as defined in s. 163.2514(1) and (2) shall be granted
273the comprehensive plan amendment and development of regional
274impact approval requested.
275     Section 4.  Paragraph (a) of subsection (6) and paragraph
276(d) of subsection (11) of section 163.3177, Florida Statutes,
277are amended to read:
278     163.3177  Required and optional elements of comprehensive
279plan; studies and surveys.--
280     (6)  In addition to the requirements of subsections
281(1)-(5), the comprehensive plan shall include the following
282elements:
283     (a)  A future land use plan element designating proposed
284future general distribution, location, and extent of the uses of
285land for residential uses, commercial uses, industry,
286agriculture, recreation, conservation, education, public
287buildings and grounds, other public facilities, and other
288categories of the public and private uses of land. Counties are
289encouraged to designate rural land stewardship areas, pursuant
290to the provisions of paragraph (11)(d), as overlays on the
291future land use map. The proposed distribution, location, and
292extent of the various categories of land use shall be shown on a
293land use map or map series which shall be supplemented by goals,
294policies, and measurable objectives.
295     1.  Each future land use category must be defined in terms
296of uses included, and must include standards to be followed in
297the control and distribution of population densities and
298building and structure intensities. The proposed distribution,
299location, and extent of the various categories of land use shall
300be shown on a land use map or map series which shall be
301supplemented by goals, policies, and measurable objectives.
302     2.  The future land use plan shall be based upon surveys,
303studies, and data regarding the area, including the amount of
304land required to accommodate anticipated growth; the projected
305population of the area; the character of undeveloped land; the
306availability of public services; the need for redevelopment,
307including the renewal of blighted areas and the elimination of
308nonconforming uses which are inconsistent with the character of
309the community; the compatibility of uses on lands adjacent to or
310closely proximate to military installations; and, in rural
311communities, the need for job creation, capital investment, and
312economic development that will strengthen and diversify the
313community's economy.
314     3.  The future land use plan may designate areas for future
315planned development use involving combinations of types of uses
316for which special regulations may be necessary to ensure
317development in accord with the principles and standards of the
318comprehensive plan and this act.
319     4.  The future land use plan element shall include criteria
320to be used to achieve the compatibility of adjacent or closely
321proximate lands with military installations.
322     5.  In addition, For rural communities, the amount of land
323designated for future planned industrial use shall be based upon
324surveys and studies that reflect the need for job creation,
325capital investment, and the necessity to strengthen and
326diversify the local economies, and shall not be limited solely
327by the projected population of the rural community.
328     6.  The future land use plan shall delineate agricultural
329enclaves, as defined in s. 163.2514(1) and (2), and establish
330appropriate uses of land in these enclaves that are consistent
331with the intensities of use of surrounding industrial,
332commercial, or residential areas.
333     7.  The future land use plan of a county may also designate
334areas for possible future municipal incorporation.
335     8.  The land use maps or map series shall generally
336identify and depict historic district boundaries and shall
337designate historically significant properties meriting
338protection.
339     9.  The future land use element must clearly identify the
340land use categories in which public schools are an allowable
341use. When delineating the land use categories in which public
342schools are an allowable use, a local government shall include
343in the categories sufficient land proximate to residential
344development to meet the projected needs for schools in
345coordination with public school boards and may establish
346differing criteria for schools of different type or size. Each
347local government shall include lands contiguous to existing
348school sites, to the maximum extent possible, within the land
349use categories in which public schools are an allowable use. All
350comprehensive plans must comply with the school siting
351requirements of this paragraph no later than October 1, 1999.
352The failure by a local government to comply with these school
353siting requirements by October 1, 1999, will result in the
354prohibition of the local government's ability to amend the local
355comprehensive plan, except for plan amendments described in s.
356163.3187(1)(b), until the school siting requirements are met.
357Amendments proposed by a local government for purposes of
358identifying the land use categories in which public schools are
359an allowable use or for adopting or amending the school-siting
360maps pursuant to s. 163.31776(3) are exempt from the limitation
361on the frequency of plan amendments contained in s. 163.3187.
362The future land use element shall include criteria that
363encourage the location of schools proximate to urban residential
364areas to the extent possible and shall require that the local
365government seek to collocate public facilities, such as parks,
366libraries, and community centers, with schools to the extent
367possible and to encourage the use of elementary schools as focal
368points for neighborhoods. For schools serving predominantly
369rural counties, defined as a county with a population of 100,000
370or fewer, an agricultural land use category shall be eligible
371for the location of public school facilities if the local
372comprehensive plan contains school siting criteria and the
373location is consistent with such criteria. Local governments
374required to update or amend their comprehensive plan to include
375criteria and address compatibility of adjacent or closely
376proximate lands with existing military installations in their
377future land use plan element shall transmit the update or
378amendment to the department by June 30, 2006.
379     (11)
380     (d)1.  The department, in cooperation with the Department
381of Agriculture and Consumer Services, the Department of
382Environmental Protection, water management districts, and
383regional planning councils, shall provide assistance to local
384governments in the implementation of this paragraph and rule 9J-
3855.006(5)(l), Florida Administrative Code. Implementation of
386those provisions shall include a process by which the department
387may authorize local governments and landowners to designate all
388or portions of lands classified in the future land use element
389as predominantly agricultural, rural, open, open-rural, or a
390substantively equivalent land use, as a rural land stewardship
391area within which planning and economic incentives are applied
392to encourage the implementation of innovative and flexible
393planning and development strategies and creative land use
394planning techniques, including those contained herein and in
395rule 9J-5.006(5)(l), Florida Administrative Code. Assistance may
396include, but is not limited to:
397     a.  Assistance from the Department of Environmental
398Protection and water management districts in creating the
399geographic information systems land cover database and aerial
400photogrammetry needed to prepare for a rural land stewardship
401area;
402     b.  Support for local government implementation of rural
403land stewardship concepts by providing information and
404assistance to local governments regarding land acquisition
405programs that may be used by the local government or landowners
406to leverage the protection of greater acreage and maximize the
407effectiveness of rural land stewardship areas; and
408     c.  Expansion of the role of the Department of Community
409Affairs as a resource agency to facilitate establishment of
410rural land stewardship areas in smaller rural counties that do
411not have the staff or planning budgets to create a rural land
412stewardship area.
413     2.  The department shall encourage participation by local
414governments of different sizes and rural characteristics in
415establishing and implementing rural land stewardship areas. It
416is the intent of the Legislature that rural land stewardship
417areas be used to further the following broad principles of rural
418sustainability: restoration and maintenance of the economic
419value of rural land; control of urban sprawl; identification and
420protection of ecosystems, habitats, and natural resources;
421promotion of rural economic activity; maintenance of the
422viability of Florida's agricultural economy; and protection of
423the character of rural areas of Florida. Rural land stewardship
424areas may be multicounty in order to encourage coordinated
425regional stewardship planning.
426     3.  A local government, in conjunction with a regional
427planning council, a stakeholder organization of private land
428owners, or another local government, or any landowner or
429landowners with 2,500 acres or more of contiguous agricultural
430land as defined by s. 193.461 shall notify the department in
431writing of its intent to designate a rural land stewardship
432area. The written notification shall describe the basis for the
433designation, including the extent to which the rural land
434stewardship area enhances rural land values, controls urban
435sprawl, provides necessary open space for agriculture and
436protection of the natural environment, promotes rural economic
437activity, and maintains rural character and the economic
438viability of agriculture.
439     4.  A rural land stewardship area shall be not less than
4402,500 10,000 acres and shall be located outside of
441municipalities and established urban growth boundaries, and
442shall be designated by plan amendment. The plan amendment
443designating a rural land stewardship area shall be subject to
444review by the Department of Community Affairs pursuant to s.
445163.3184 and shall provide for the following:
446     a.  Criteria for the designation of receiving areas within
447rural land stewardship areas in which innovative planning and
448development strategies may be applied. Criteria shall at a
449minimum provide for the following: adequacy of suitable land to
450accommodate development so as to avoid conflict with
451environmentally sensitive areas, resources, and habitats;
452compatibility between and transition from higher density uses to
453lower intensity rural uses; the establishment of receiving area
454service boundaries which provide for a separation between
455receiving areas and other land uses within the rural land
456stewardship area through limitations on the extension of
457services; and connection of receiving areas with the rest of the
458rural land stewardship area using rural design and rural road
459corridors.
460     b.  Goals, objectives, and policies setting forth the
461innovative planning and development strategies to be applied
462within rural land stewardship areas pursuant to the provisions
463of this section.
464     c.  A process for the implementation of innovative planning
465and development strategies within the rural land stewardship
466area, including those described in this subsection and rule 9J-
4675.006(5)(l), Florida Administrative Code, which provide for a
468functional mix of land uses and which are applied through the
469adoption by the local government of zoning and land development
470regulations applicable to the rural land stewardship area.
471     d.  A process which encourages visioning pursuant to s.
472163.3167(11) to ensure that innovative planning and development
473strategies comply with the provisions of this section.
474     e.  The control of sprawl through the use of innovative
475strategies and creative land use techniques consistent with the
476provisions of this subsection and rule 9J-5.006(5)(l), Florida
477Administrative Code.
478     5.  In selecting a landowner or landowners, the department
479shall by written agreement:
480     a.  Ensure that the landowner has expressed his or her
481intent to designate a rural land stewardship area pursuant to
482the provisions of this subsection and clarify that the rural
483land stewardship area is intended.
484     b.  Ensure that the landowner has the financial and
485administrative capabilities to implement a rural land
486stewardship area.
487     6.5.  A receiving area shall be designated by the adoption
488of a land development regulation. Prior to the designation of a
489receiving area, the local government shall provide the
490Department of Community Affairs a period of 30 days in which to
491review a proposed receiving area for consistency with the rural
492land stewardship area plan amendment and to provide comments to
493the local government.
494     7.6.  Upon the adoption of a plan amendment creating a
495rural land stewardship area, the local government shall, by
496ordinance, assign to the area a certain number of credits, to be
497known as "transferable rural land use credits," which shall not
498constitute a right to develop land, nor increase density of
499land, except as provided by this section. The total amount of
500transferable rural land use credits assigned to the rural land
501stewardship area must correspond to the 25-year or greater
502projected population of the rural land stewardship area.
503Transferable rural land use credits are subject to the following
504limitations:
505     a.  Transferable rural land use credits may only exist
506within a rural land stewardship area.
507     b.  Transferable rural land use credits may only be used on
508lands designated as receiving areas and then solely for the
509purpose of implementing innovative planning and development
510strategies and creative land use planning techniques adopted by
511the local government pursuant to this section.
512     c.  Transferable rural land use credits assigned to a
513parcel of land within a rural land stewardship area shall cease
514to exist if the parcel of land is removed from the rural land
515stewardship area by plan amendment.
516     d.  Neither the creation of the rural land stewardship area
517by plan amendment nor the assignment of transferable rural land
518use credits by the local government shall operate to displace
519the underlying density of land uses assigned to a parcel of land
520within the rural land stewardship area; however, if transferable
521rural land use credits are transferred from a parcel for use
522within a designated receiving area, the underlying density
523assigned to the parcel of land shall cease to exist.
524     e.  The underlying density on each parcel of land located
525within a rural land stewardship area shall not be increased or
526decreased by the local government, except as a result of the
527conveyance or use of transferable rural land use credits, as
528long as the parcel remains within the rural land stewardship
529area.
530     f.  Transferable rural land use credits shall cease to
531exist on a parcel of land where the underlying density assigned
532to the parcel of land is utilized.
533     g.  An increase in the density of use on a parcel of land
534located within a designated receiving area may occur only
535through the assignment or use of transferable rural land use
536credits and shall not require a plan amendment.
537     h.  A change in the density of land use on parcels located
538within receiving areas shall be specified in a development order
539which reflects the total number of transferable rural land use
540credits assigned to the parcel of land and the infrastructure
541and support services necessary to provide for a functional mix
542of land uses corresponding to the plan of development.
543     i.  Land within a rural land stewardship area may be
544removed from the rural land stewardship area through a plan
545amendment.
546     j.  Transferable rural land use credits may be assigned at
547different ratios of credits per acre according to the natural
548resource or other beneficial use characteristics of the land and
549according to the land use remaining following the transfer of
550credits, with the highest number of credits per acre assigned to
551the most environmentally valuable land and a lesser number of
552credits to be assigned to open space and agricultural land.
553     k.  The use or conveyance of transferable rural land use
554credits must be recorded in the public records of the county in
555which the property is located as a covenant or restrictive
556easement running with the land in favor of the county and either
557the Department of Environmental Protection, Department of
558Agriculture and Consumer Services, a water management district,
559or a recognized statewide land trust.
560     8.7.  Owners of land within rural land stewardship areas
561should be provided incentives to enter into rural land
562stewardship agreements, pursuant to existing law and rules
563adopted thereto, with state agencies, water management
564districts, and local governments to achieve mutually agreed upon
565conservation objectives. Such incentives may include, but not be
566limited to, the following:
567     a.  Opportunity to accumulate transferable mitigation
568credits.
569     b.  Extended permit agreements.
570     c.  Opportunities for recreational leases and ecotourism.
571     d.  Payment for specified land management services on
572publicly owned land, or property under covenant or restricted
573easement in favor of a public entity.
574     e.  Option agreements for sale to public entities or
575private land conservation entities, in either fee or easement,
576upon achievement of conservation objectives.
577     9.8.  The department shall report to the Legislature on an
578annual basis on the results of implementation of rural land
579stewardship areas authorized by the department, including
580successes and failures in achieving the intent of the
581Legislature as expressed in this paragraph.
582     Section 5.  Paragraph (d) of subsection (1) of section
583163.3187, Florida Statutes, is amended to read:
584     163.3187  Amendment of adopted comprehensive plan.--
585     (1)  Amendments to comprehensive plans adopted pursuant to
586this part may be made not more than two times during any
587calendar year, except:
588     (d)  Any comprehensive plan amendment required by a
589compliance agreement under pursuant to s. 163.3184(16), an
590agricultural enclave comprehensive plan amendment pursuant to s.
591163.2517(7), or any large-scale comprehensive plan amendment
592adopted as a result of informal mediation in accordance with s.
593163.3181(4) may be approved without regard to statutory limits
594on the frequency of adoption of amendments to the comprehensive
595plan.
596     Section 6.  Section 259.047, Florida Statutes, is created
597to read:
598     259.047  Acquisition of land on which an agricultural lease
599exists.--
600     (1)  When land with an existing agricultural lease is
601acquired in fee simple pursuant to this chapter or chapter 375,
602the existing agricultural lease may continue in force for the
603actual time remaining on the lease agreement. Any entity
604managing lands acquired under this section must consider
605existing agricultural leases in the development of a land
606management plan required under the provisions of s. 253.034.
607     (2)  Where consistent with the purposes for which the
608property was acquired, the state or acquiring entity shall make
609reasonable efforts to keep lands in agricultural production
610which are in agricultural production at the time of acquisition.
611     Section 7.  Paragraph (a) of subsection (2) of section
612373.0361, Florida Statutes, is amended to read:
613     373.0361  Regional water supply planning.--
614     (2)  Each regional water supply plan shall be based on at
615least a 20-year planning period and shall include, but not be
616limited to:
617     (a)  A water supply development component that includes:
618     1.  A quantification of the water supply needs for all
619existing and reasonably projected future uses within the
620planning horizon. The level-of-certainty planning goal
621associated with identifying the water supply needs of existing
622and future reasonable-beneficial uses shall be based upon
623meeting those needs for a 1-in-10-year drought event. Population
624projections used for determining public water supply needs must
625be based upon the best available data. In determining the best
626available data, the district shall consider the University of
627Florida's Bureau of Economic and Business Research (BEBR) medium
628population projections and any population projection data and
629analysis submitted by a local government pursuant to the public
630workshop described in subsection (1) if the data and analysis
631support the local government's comprehensive plan. Any
632adjustment of or deviation from the BEBR projections must be
633fully described, and the original BEBR data must be presented
634along with the adjusted data.
635     2.  A list of water source options, including traditional
636and alternative source options, from which local government,
637government-owned and privately owned utilities, self-suppliers,
638and others may choose, for water supply development, the total
639capacity of which will, in conjunction with water conservation
640and other demand management measures, exceed the needs
641identified in subparagraph 1. The list of water source options
642for water supply development must contain provisions that
643recognize that alternative water source options for agricultural
644self-suppliers are limited.
645     3.  For each option listed in subparagraph 2., the
646estimated amount of water available for use and the estimated
647costs of and potential sources of funding for water supply
648development.
649     4.  A list of water supply development projects that meet
650the criteria in s. 373.0831(4).
651
652The water supply development component of a regional water
653supply plan which deals with or affects public utilities and
654public water supply for those areas served by a regional water
655supply authority and its member governments within the
656boundaries of the Southwest Florida Water Management District
657shall be developed jointly by the authority and the district.
658     Section 8.  Section 373.2234, Florida Statutes, is amended
659to read:
660     373.2234  Preferred water supply sources.--The governing
661board of a water management district is authorized to adopt
662rules that identify preferred water supply sources for
663consumptive uses for which there is sufficient data to establish
664that a preferred source will provide a substantial new water
665supply to meet the existing and projected reasonable-beneficial
666uses of a water supply planning region identified pursuant to s.
667373.0361(1), while sustaining existing water resources and
668natural systems. At a minimum, such rules must contain a
669description of the preferred water supply source and an
670assessment of the water the preferred source is projected to
671produce. If an applicant proposes to use a preferred water
672supply source, that applicant's proposed water use is subject to
673s. 373.223(1), except that the proposed use of a preferred water
674supply source must be considered by a water management district
675when determining whether a permit applicant's proposed use of
676water is consistent with the public interest pursuant to s.
677373.223(1)(c). A consumptive use permit issued for the use of a
678preferred water supply source must be granted, when requested by
679the applicant, for at least a 20-year period and may be subject
680to the compliance reporting provisions of s. 373.236(4)(3).
681Nothing in this section shall be construed to exempt the use of
682preferred water supply sources from the provisions of ss.
683373.016(4) and 373.223(2) and (3), or be construed to provide
684that permits issued for the use of a nonpreferred water supply
685source must be issued for a duration of less than 20 years or
686that the use of a nonpreferred water supply source is not
687consistent with the public interest. Additionally, nothing in
688this section shall be interpreted to require the use of a
689preferred water supply source or to restrict or prohibit the use
690of a nonpreferred water supply source. Rules adopted by the
691governing board of a water management district to implement this
692section shall specify that the use of a preferred water supply
693source is not required and that the use of a nonpreferred water
694supply source is not restricted or prohibited.
695     Section 9.  Subsections (2) and (3) of section 373.236,
696Florida Statutes, are renumbered as subsections (3) and (4),
697respectively, and a new subsection (2) is added to said section
698to read:
699     373.236  Duration of permits; compliance reports.--
700     (2)  The Legislature finds that some agricultural
701landowners remain unaware of their ability to request a 20-year
702consumptive use permit under subsection (1) for initial permits
703or for renewals. Therefore, the water management districts shall
704inform agricultural applicants of this option in the application
705form.
706     Section 10.  Section 373.407, Florida Statutes, is created
707to read:
708     373.407  Memorandum of agreement for an agricultural-
709related exemption.--No later than July 1, 2006, the Department
710of Agriculture and Consumer Services and each water management
711district shall enter into a memorandum of agreement under which
712the Department of Agriculture and Consumer Services shall assist
713in a determination by a water management district as to whether
714an existing or proposed activity qualifies for the exemption set
715forth in s. 373.406(2). The memorandum of agreement shall
716provide a process by which, upon the request of a water
717management district, the Department of Agriculture and Consumer
718Services shall conduct a nonbinding review as to whether an
719existing or proposed activity qualifies for an agricultural-
720related exemption set forth in s. 373.406(2). The memorandum of
721agreement shall provide processes and procedures by which the
722Department of Agriculture and Consumer Services shall undertake
723this review effectively and efficiently and issue a
724recommendation.
725     Section 11.  This act shall take effect upon becoming a
726law.


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