| 1 | A bill to be entitled |
| 2 | An act relating to land development regulation; amending |
| 3 | s. 163.3162, F.S.; providing for the use of certain lands |
| 4 | surrounding an agricultural enclave; creating a rebuttable |
| 5 | presumption for the imposition of certain development |
| 6 | conditions relating to agricultural enclaves; providing a |
| 7 | timeframe for submitting certain information relating to |
| 8 | proposed plan amendments; creating a rebuttable |
| 9 | presumption for denial of or failure to approve plan |
| 10 | amendments relating to agricultural enclaves; amending s. |
| 11 | 163.3245, F.S.; revising provisions relating to optional |
| 12 | sector plans; providing applicability to certain pending |
| 13 | applications; providing an effective date. |
| 14 |
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| 15 | Be It Enacted by the Legislature of the State of Florida: |
| 16 |
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| 17 | Section 1. Subsection (5) of section 163.3162, Florida |
| 18 | Statutes, is amended to read: |
| 19 | 163.3162 Agricultural Lands and Practices Act.-- |
| 20 | (5) AMENDMENT TO LOCAL GOVERNMENT COMPREHENSIVE PLAN.--The |
| 21 | owner of a parcel of land defined as an agricultural enclave |
| 22 | under s. 163.3164(33) may apply for an amendment to the local |
| 23 | government comprehensive plan pursuant to s. 163.3187. Such |
| 24 | amendment is presumed to be consistent with rule 9J-5.006(5), |
| 25 | Florida Administrative Code, and may include land uses, |
| 26 | densities, and intensities of use that are consistent with the |
| 27 | uses, densities, and intensities of use of the industrial, |
| 28 | commercial, or residential areas that surround the parcel. This |
| 29 | presumption may be rebutted by clear and convincing evidence. |
| 30 | Each application for a comprehensive plan amendment under this |
| 31 | subsection for a parcel larger than 640 acres must include |
| 32 | appropriate new urbanism concepts such as clustering, mixed-use |
| 33 | development, the creation of rural village and city centers, and |
| 34 | the transfer of development rights in order to discourage urban |
| 35 | sprawl while protecting landowner rights. Notwithstanding the |
| 36 | provisions of a comprehensive plan, the local government may not |
| 37 | prohibit land uses, densities, and intensities of use that are |
| 38 | consistent with the uses, densities, and intensities of use of |
| 39 | the industrial, commercial, or residential areas that surround |
| 40 | the parcel to a distance equal to the longest dimension of the |
| 41 | parcel. Intensities of uses for an agricultural enclave shall, |
| 42 | at minimum, equal the average intensity of the areas that |
| 43 | surround the parcel to a distance equal to the longest dimension |
| 44 | of the parcel. If a local government imposes development |
| 45 | conditions that prevent the owner from achieving consistent |
| 46 | densities and intensities of use pursuant to this subsection, |
| 47 | the owner may apply to the circuit court for appropriate relief |
| 48 | pursuant to s. 70.001. The imposition of such conditions is |
| 49 | presumed to impose an inordinate burden. This presumption may be |
| 50 | rebutted by clear and convincing evidence. |
| 51 | (a) The local government and the owner of a parcel of land |
| 52 | that is the subject of an application for an amendment shall |
| 53 | have 180 days following the date that the local government |
| 54 | receives a complete application to negotiate in good faith to |
| 55 | reach consensus on the land uses, densities, and intensities of |
| 56 | use that are consistent with the uses, densities, and |
| 57 | intensities of use of the industrial, commercial, or residential |
| 58 | areas that surround the parcel. Within 30 days after the local |
| 59 | government's receipt of such an application, the local |
| 60 | government and owner must agree in writing to a schedule for |
| 61 | information submittal, public hearings, negotiations, and final |
| 62 | action on the amendment, which schedule may thereafter be |
| 63 | altered only with the written consent of the local government |
| 64 | and the owner. Compliance with the schedule in the written |
| 65 | agreement constitutes good faith negotiations for purposes of |
| 66 | paragraph (d) (c). |
| 67 | (b) Upon conclusion of good faith negotiations under |
| 68 | paragraph (a), regardless of whether the local government and |
| 69 | owner reach consensus on the land uses, densities, and |
| 70 | intensities of use that are consistent with the uses, densities, |
| 71 | and intensities of use of the industrial, commercial, or |
| 72 | residential areas that surround the parcel, the amendment must |
| 73 | be transmitted to the state land planning agency for review |
| 74 | pursuant to s. 163.3184. If the local government fails to |
| 75 | transmit the amendment within 180 days after receipt of a |
| 76 | complete application, the amendment must be immediately |
| 77 | transferred to the state land planning agency for such review at |
| 78 | the first available transmittal cycle. A plan amendment |
| 79 | transmitted to the state land planning agency submitted under |
| 80 | this subsection is presumed to be consistent with rule 9J- |
| 81 | 5.006(5), Florida Administrative Code. This presumption may be |
| 82 | rebutted by clear and convincing evidence. |
| 83 | (c) Notwithstanding the provisions of a comprehensive |
| 84 | plan, after review by the state land planning agency, the owner |
| 85 | shall respond to any objections, recommendations, or comments |
| 86 | issued by the agency pursuant to s. 163.3184(6). If the |
| 87 | department has issued no objections, recommendations, or |
| 88 | comments, or if the owner has responded to any objections, |
| 89 | recommendations, or comments and the local government denies or |
| 90 | fails to approve the amendment within the time period specified |
| 91 | in s. 163.3184(7), such denial or failure to approve the |
| 92 | amendment is presumed to impose an inordinate burden, and the |
| 93 | owner may apply to the circuit court for appropriate relief |
| 94 | pursuant to s. 70.001. A plan amendment reviewed by the land |
| 95 | planning agency under this subsection is presumed to be |
| 96 | consistent with the provisions of rule 9J-5.006(5), Florida |
| 97 | Administrative Code. This presumption may be rebutted by clear |
| 98 | and convincing evidence. |
| 99 | (d)(c) If the owner fails to negotiate in good faith, a |
| 100 | plan amendment submitted under this subsection is not entitled |
| 101 | to the rebuttable presumption under this subsection in the |
| 102 | negotiation and amendment process. |
| 103 | (e)(d) Nothing within this subsection relating to |
| 104 | agricultural enclaves shall preempt or replace any protection |
| 105 | currently existing for any property located within the |
| 106 | boundaries of the following areas: |
| 107 | 1. The Wekiva Study Area, as described in s. 369.316; or |
| 108 | 2. The Everglades Protection Area, as defined in s. |
| 109 | 373.4592(2). |
| 110 | Section 2. Subsections (6) and (7) of section 163.3245, |
| 111 | Florida Statutes, are renumbered as subsections (7) and (8), |
| 112 | respectively, and a new subsection (6) is added to that section |
| 113 | to read: |
| 114 | 163.3245 Optional sector plans.-- |
| 115 | (6) If an application for development approval or an |
| 116 | application for a comprehensive plan amendment pursuant to this |
| 117 | part has been filed and is pending prior to the effective date |
| 118 | of a sector plan, the application shall only be required to |
| 119 | comply with the provisions of a subsequently adopted sector plan |
| 120 | upon written consent of the applicant. This subsection applies |
| 121 | to all applications within a sector planning area pending before |
| 122 | a local government on or before December 31, 2007. |
| 123 | Section 3. This act shall take effect July 1, 2008. |