| 1 | Representative Mayfield offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove everything after the enacting clause and insert: |
| 5 | Section 1. Subsection (5) of section 163.3162, Florida |
| 6 | Statutes, is amended to read: |
| 7 | 163.3162 Agricultural Lands and Practices Act.-- |
| 8 | (5) AMENDMENT TO LOCAL GOVERNMENT COMPREHENSIVE PLAN.--The |
| 9 | owner of a parcel of land defined as an agricultural enclave |
| 10 | under s. 163.3164(33) may apply for an amendment to the local |
| 11 | government comprehensive plan pursuant to s. 163.3187. Such |
| 12 | amendment is presumed to be consistent with rule 9J-5.006(5), |
| 13 | Florida Administrative Code, and may include land uses, |
| 14 | densities, and intensities of use that are consistent with the |
| 15 | uses, densities, and intensities of use of the industrial, |
| 16 | commercial, or residential areas that surround the parcel. This |
| 17 | presumption may be rebutted by clear and convincing evidence. |
| 18 | Each application for a comprehensive plan amendment under this |
| 19 | subsection for a parcel larger than 640 acres must include |
| 20 | appropriate new urbanism concepts such as clustering, mixed-use |
| 21 | development, the creation of rural village and city centers, and |
| 22 | the transfer of development rights in order to discourage urban |
| 23 | sprawl while protecting landowner rights. Notwithstanding the |
| 24 | provisions of a comprehensive plan, the local government may not |
| 25 | prohibit land uses, densities, and intensities of use that are |
| 26 | consistent with the uses, densities, and intensities of use of |
| 27 | the industrial, commercial, or residential areas that surround |
| 28 | the parcel. Densities and intensities of use for an agricultural |
| 29 | enclave shall, at minimum, be calculated as the average density |
| 30 | or intensity of uses within 3 miles of the perimeter of the |
| 31 | parcel. If a local government imposes development conditions |
| 32 | that prevent the owner from achieving consistent densities and |
| 33 | intensities of use pursuant to this subsection, the owner may |
| 34 | apply to the circuit court for appropriate relief pursuant to s. |
| 35 | 70.001 after presenting a claim to the local government as set |
| 36 | forth in s. 70.001(4)(a). The imposition of such conditions is |
| 37 | presumed to impose an inordinate burden. This presumption may be |
| 38 | rebutted by clear and convincing evidence. |
| 39 | (a) The local government and the owner of a parcel of land |
| 40 | that is the subject of an application for an amendment shall |
| 41 | have 180 days following the date that the local government |
| 42 | receives a complete application to negotiate in good faith to |
| 43 | reach consensus on the land uses, densities, and intensities of |
| 44 | use that are consistent with the uses, densities, and |
| 45 | intensities of use of the industrial, commercial, or residential |
| 46 | areas that surround the parcel. Within 30 days after the local |
| 47 | government's receipt of such an application, the local |
| 48 | government and owner must agree in writing to a schedule for |
| 49 | information submittal, public hearings, negotiations, and final |
| 50 | action on the amendment, which schedule may thereafter be |
| 51 | altered only with the written consent of the local government |
| 52 | and the owner. Compliance with the schedule in the written |
| 53 | agreement constitutes good faith negotiations for purposes of |
| 54 | paragraph (d) (c). |
| 55 | (b) Upon conclusion of good faith negotiations under |
| 56 | paragraph (a), regardless of whether the local government and |
| 57 | owner reach consensus on the land uses, densities, and |
| 58 | intensities of use that are consistent with the uses, densities, |
| 59 | and intensities of use of the industrial, commercial, or |
| 60 | residential areas that surround the parcel, the amendment must |
| 61 | be transmitted to the state land planning agency for review |
| 62 | pursuant to s. 163.3184. If the local government fails to |
| 63 | transmit the amendment within 180 days after receipt of a |
| 64 | complete application, the amendment must be immediately |
| 65 | transferred to the state land planning agency for such review at |
| 66 | the first available transmittal cycle. A plan amendment |
| 67 | transmitted to the state land planning agency submitted under |
| 68 | this subsection is presumed to be consistent with rule 9J- |
| 69 | 5.006(5), Florida Administrative Code. This presumption may be |
| 70 | rebutted by clear and convincing evidence. |
| 71 | (c) Notwithstanding the provisions of a comprehensive |
| 72 | plan, after review by the state land planning agency, the owner |
| 73 | shall respond to any objections, recommendations, or comments |
| 74 | issued by the agency pursuant to s. 163.3184(6) and address each |
| 75 | compliance issue raised by the state land planning agency |
| 76 | related to the owner's property. If the department has issued no |
| 77 | objections, recommendations, or comments, or if the owner has |
| 78 | responded to any objections, recommendations, or comments and |
| 79 | the local government denies or fails to approve the amendment |
| 80 | within the time period specified in s. 163.3184(7), such denial |
| 81 | or failure to approve the amendment is presumed to impose an |
| 82 | inordinate burden, and the owner may apply to the circuit court |
| 83 | for appropriate relief pursuant to s. 70.001 after presenting a |
| 84 | claim to the local government as set forth in s. 70.001(4)(a). A |
| 85 | plan amendment reviewed by the land planning agency under this |
| 86 | subsection is presumed to be consistent with the provisions of |
| 87 | rule 9J-5.006(5), Florida Administrative Code. This presumption |
| 88 | may be rebutted by clear and convincing evidence. |
| 89 | (d)(c) If the owner fails to negotiate in good faith, a |
| 90 | plan amendment submitted under this subsection is not entitled |
| 91 | to the rebuttable presumption under this subsection in the |
| 92 | negotiation and amendment process. |
| 93 | (e)(d) Nothing within this subsection relating to |
| 94 | agricultural enclaves shall preempt or replace any protection |
| 95 | currently existing for any property located within the |
| 96 | boundaries of the following areas: |
| 97 | 1. The Wekiva Study Area, as described in s. 369.316; or |
| 98 | 2. The Everglades Protection Area, as defined in s. |
| 99 | 373.4592(2). |
| 100 | 3. Those zones, areas or programs managed or administered |
| 101 | by the United States Department of Defense as defined pursuant |
| 102 | to ss. 163.3175(a) and (b), 163.3191(2)(n) and 163.3177(6)(a), |
| 103 | F.S. |
| 104 | (f) For concurrency purposes, agricultural enclaves shall |
| 105 | be treated as any previously approved development surrounding |
| 106 | the agricultural enclave has been treated and calculated as the |
| 107 | average concurrency requirements within 3 miles of the perimeter |
| 108 | of the parcel. |
| 109 | Section 2. Paragraph (d) of subsection (33) of section |
| 110 | 163.3164, Florida Statutes, is amended to read: |
| 111 | 163.3164 Local Government Comprehensive Planning and Land |
| 112 | Development Regulation Act; definitions.--As used in this act: |
| 113 | (33) "Agricultural enclave" means an unincorporated, |
| 114 | undeveloped parcel that: |
| 115 | (d) Has public services, including water, wastewater, |
| 116 | transportation, schools, and recreation facilities, available or |
| 117 | such public services are scheduled in the capital improvement |
| 118 | element to be provided by the local government or can be |
| 119 | provided by an alternative provider of local government |
| 120 | infrastructure in order to ensure consistency with applicable |
| 121 | concurrency provisions of s. 163.3180; and |
| 122 | Section 3. Subsections (6) and (7) of section 163.3245, |
| 123 | Florida Statutes, are renumbered as subsections (7) and (8), |
| 124 | respectively, and a new subsection (6) is added to that section |
| 125 | to read: |
| 126 | 163.3245 Optional sector plans.-- |
| 127 | (6) If an application for development approval or an |
| 128 | application for a comprehensive plan amendment pursuant to this |
| 129 | part has been filed and is pending prior to the effective date |
| 130 | of a sector plan, the application shall only be required to |
| 131 | comply with the provisions of a subsequently adopted sector plan |
| 132 | upon written consent of the applicant. This subsection applies |
| 133 | to all applications within a sector planning area pending before |
| 134 | a local government on or before December 31, 2007. |
| 135 | Section 4. This act shall take effect July 1, 2008. |
| 136 |
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| 137 |
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| 138 | ----------------------------------------------------- |
| 139 | T I T L E A M E N D M E N T |
| 140 | Remove the entire title and insert: |
| 141 | A bill to be entitled |
| 142 | An act relating to land development regulation; amending s. |
| 143 | 163.3162, F.S.; providing for the use of certain lands |
| 144 | surrounding an agricultural enclave; creating a rebuttable |
| 145 | presumption for the imposition of certain development conditions |
| 146 | relating to agricultural enclaves; providing a timeframe for |
| 147 | submitting certain information relating to proposed plan |
| 148 | amendments; creating a rebuttable presumption for denial of or |
| 149 | failure to approve plan amendments relating to agricultural |
| 150 | enclaves; providing concurrency for the treatment of |
| 151 | agricultural enclaves in relation to certain surrounding lands; |
| 152 | amending s. 163.3164, F.S.; revising the definition of |
| 153 | "agricultural enclave"; amending s. 163.3245, F.S.; revising |
| 154 | provisions relating to optional sector plans; providing |
| 155 | applicability to certain pending applications; providing an |
| 156 | effective date. |
| 157 |
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