HB 1173

1
A bill to be entitled
2An act relating to land development regulation; amending
3s. 163.3162, F.S.; providing for the use of certain lands
4surrounding an agricultural enclave; creating a rebuttable
5presumption for the imposition of certain development
6conditions relating to agricultural enclaves; providing a
7timeframe for submitting certain information relating to
8proposed plan amendments; creating a rebuttable
9presumption for denial of or failure to approve plan
10amendments relating to agricultural enclaves; amending s.
11163.3245, F.S.; revising provisions relating to optional
12sector plans; providing applicability to certain pending
13applications; providing an effective date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17     Section 1.  Subsection (5) of section 163.3162, Florida
18Statutes, is amended to read:
19     163.3162  Agricultural Lands and Practices Act.--
20     (5)  AMENDMENT TO LOCAL GOVERNMENT COMPREHENSIVE PLAN.--The
21owner of a parcel of land defined as an agricultural enclave
22under s. 163.3164(33) may apply for an amendment to the local
23government comprehensive plan pursuant to s. 163.3187. Such
24amendment is presumed to be consistent with rule 9J-5.006(5),
25Florida Administrative Code, and may include land uses,
26densities, and intensities of use that are consistent with the
27uses, densities, and intensities of use of the industrial,
28commercial, or residential areas that surround the parcel. This
29presumption may be rebutted by clear and convincing evidence.
30Each application for a comprehensive plan amendment under this
31subsection for a parcel larger than 640 acres must include
32appropriate new urbanism concepts such as clustering, mixed-use
33development, the creation of rural village and city centers, and
34the transfer of development rights in order to discourage urban
35sprawl while protecting landowner rights. Notwithstanding the
36provisions of a comprehensive plan, the local government may not
37prohibit land uses, densities, and intensities of use that are
38consistent with the uses, densities, and intensities of use of
39the industrial, commercial, or residential areas that surround
40the parcel to a distance equal to the longest dimension of the
41parcel. Intensities of uses for an agricultural enclave shall,
42at minimum, equal the average intensity of the areas that
43surround the parcel to a distance equal to the longest dimension
44of the parcel. If a local government imposes development
45conditions that prevent the owner from achieving consistent
46densities and intensities of use pursuant to this subsection,
47the owner may apply to the circuit court for appropriate relief
48pursuant to s. 70.001. The imposition of such conditions is
49presumed to impose an inordinate burden. This presumption may be
50rebutted by clear and convincing evidence.
51     (a)  The local government and the owner of a parcel of land
52that is the subject of an application for an amendment shall
53have 180 days following the date that the local government
54receives a complete application to negotiate in good faith to
55reach consensus on the land uses, densities, and intensities of
56use that are consistent with the uses, densities, and
57intensities of use of the industrial, commercial, or residential
58areas that surround the parcel. Within 30 days after the local
59government's receipt of such an application, the local
60government and owner must agree in writing to a schedule for
61information submittal, public hearings, negotiations, and final
62action on the amendment, which schedule may thereafter be
63altered only with the written consent of the local government
64and the owner. Compliance with the schedule in the written
65agreement constitutes good faith negotiations for purposes of
66paragraph (d) (c).
67     (b)  Upon conclusion of good faith negotiations under
68paragraph (a), regardless of whether the local government and
69owner reach consensus on the land uses, densities, and
70intensities of use that are consistent with the uses, densities,
71and intensities of use of the industrial, commercial, or
72residential areas that surround the parcel, the amendment must
73be transmitted to the state land planning agency for review
74pursuant to s. 163.3184. If the local government fails to
75transmit the amendment within 180 days after receipt of a
76complete application, the amendment must be immediately
77transferred to the state land planning agency for such review at
78the first available transmittal cycle. A plan amendment
79transmitted to the state land planning agency submitted under
80this subsection is presumed to be consistent with rule 9J-
815.006(5), Florida Administrative Code. This presumption may be
82rebutted by clear and convincing evidence.
83     (c)  Notwithstanding the provisions of a comprehensive
84plan, after review by the state land planning agency, the owner
85shall respond to any objections, recommendations, or comments
86issued by the agency pursuant to s. 163.3184(6). If the
87department has issued no objections, recommendations, or
88comments, or if the owner has responded to any objections,
89recommendations, or comments and the local government denies or
90fails to approve the amendment within the time period specified
91in s. 163.3184(7), such denial or failure to approve the
92amendment is presumed to impose an inordinate burden, and the
93owner may apply to the circuit court for appropriate relief
94pursuant to s. 70.001. A plan amendment reviewed by the land
95planning agency under this subsection is presumed to be
96consistent with the provisions of rule 9J-5.006(5), Florida
97Administrative Code. This presumption may be rebutted by clear
98and convincing evidence.
99     (d)(c)  If the owner fails to negotiate in good faith, a
100plan amendment submitted under this subsection is not entitled
101to the rebuttable presumption under this subsection in the
102negotiation and amendment process.
103     (e)(d)  Nothing within this subsection relating to
104agricultural enclaves shall preempt or replace any protection
105currently existing for any property located within the
106boundaries 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.
109373.4592(2).
110     Section 2.  Subsections (6) and (7) of section 163.3245,
111Florida Statutes, are renumbered as subsections (7) and (8),
112respectively, and a new subsection (6) is added to that section
113to read:
114     163.3245  Optional sector plans.--
115     (6)  If an application for development approval or an
116application for a comprehensive plan amendment pursuant to this
117part has been filed and is pending prior to the effective date
118of a sector plan, the application shall only be required to
119comply with the provisions of a subsequently adopted sector plan
120upon written consent of the applicant. This subsection applies
121to all applications within a sector planning area pending before
122a local government on or before December 31, 2007.
123     Section 3.  This act shall take effect July 1, 2008.


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