| 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. |