Amendment
Bill No. CS/HB 1173

Amendment No. 139667

CHAMBER ACTION
Senate		House
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1	Representative Mayfield offered the following:
2
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	(6)  Construction aggregate materials applications that
110	contain reserves that meet department specifications, have
111	mining as a permissive use under the future land use map and
112	element and:
113	(a)  Are surrounded by active mining operations such that
114	more than 50 percent of the land uses within a 50 square mile
115	area, measured from the perimeter of the subject parcel, are
116	mining uses and less than 20 percent of the land use within that
117	same area is residential; or
118	(b)  The application for construction aggregate materials
119	is in a county with an aggregate agreement executed by the
120	department pursuant to s. 337.026 and a environmental resource
121	permit application has been submitted to the Department of
122	Environmental Protection by April 20, 2008 shall be presumed to
123	be consistent with and entitled to the applicable zoning
124	classification for mining or excavation. If a local government
125	imposes development conditions that prevent the owner from
126	achieving consistent use pursuant to this subsection, the owner
127	may apply to the circuit court for appropriate relief pursuant
128	to s. 70.001.  The imposition of such conditions is presumed to
129	impose an inordinate burden. This presumption may be rebutted by
130	clear and convincing evidence.
131	Section 2.  Paragraph (d) of subsection (33) of section
132	163.3164, Florida Statutes, is amended to read:
133	163.3164  Local Government Comprehensive Planning and Land
134	Development Regulation Act; definitions.--As used in this act:
135	(33)  "Agricultural enclave" means an unincorporated,
136	undeveloped parcel that:
137	(d)  Has public services, including water, wastewater,
138	transportation, schools, and recreation facilities, available or
139	such public services are scheduled in the capital improvement
140	element to be provided by the local government or can be
141	provided by an alternative provider of local government
142	infrastructure in order to ensure consistency with applicable
143	concurrency provisions of s. 163.3180; and
144	Section 3.  Subsections (6) and (7) of section 163.3245,
145	Florida Statutes, are renumbered as subsections (7) and (8),
146	respectively, and a new subsection (6) is added to that section
147	to read:
148	163.3245  Optional sector plans.--
149	(6)  If an application for development approval or an
150	application for a comprehensive plan amendment pursuant to this
151	part has been filed and is pending prior to the effective date
152	of a sector plan, the application shall only be required to
153	comply with the provisions of a subsequently adopted sector plan
154	upon written consent of the applicant. This subsection applies
155	to all applications within a sector planning area pending before
156	a local government on or before December 31, 2007.
157	Section 4.  This act shall take effect July 1, 2008.
158
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161	T I T L E  A M E N D M E N T
162	Remove the entire title and insert:
163	A bill to be entitled
164	An act relating to land development regulation; amending s.
165	163.3162, F.S.; providing for the use of certain lands
166	surrounding an agricultural enclave; creating a rebuttable
167	presumption for the imposition of certain development conditions
168	relating to agricultural enclaves; providing a timeframe for
169	submitting certain information relating to proposed plan
170	amendments; creating a rebuttable presumption for denial of or
171	failure to approve plan amendments relating to agricultural
172	enclaves; providing concurrency for the treatment of
173	agricultural enclaves in relation to certain surrounding lands;
174	providing for the use of certain lands surrounding active mining
175	operations; creating a rebuttable presumption for the imposition
176	of certain development conditions relating to mining; amending
177	s. 163.3164, F.S.; revising the definition of "agricultural
178	enclave"; amending s. 163.3245, F.S.; revising provisions
179	relating to optional sector plans; providing applicability to
180	certain pending applications; providing an effective date.
181

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