Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1180
                                Barcode 932440                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  03/01/2012           .                                

       The Committee on Budget Subcommittee on Transportation, Tourism,
       and Economic Development Appropriations (Bennett) recommended
       the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 325 - 362
    4  and insert:
    5         163.3165 Agricultural lands surrounded by a single land
    6  use.—
    7         (1) Notwithstanding any provision of ss. 163.3162 and
    8  163.3164 to the contrary, the owner of a parcel of land located
    9  in an unincorporated area of a county that qualifies under this
   10  section may apply for an amendment to the local government
   11  comprehensive plan pursuant to s. 163.3184. The amendment is
   12  presumed not to be urban sprawl as defined in s.163.3164 if it
   13  proposes land uses and intensities of use which are consistent
   14  with the existing uses and intensities of use of, or consistent
   15  with the uses and intensities of use authorized for, the
   16  industrial, commercial, or residential areas that surround the
   17  parcel. If the parcel of land that is the subject of an
   18  application for an amendment under this section is abutted on
   19  all sides by land having only one land use designation, the same
   20  land use designation shall be presumed by the county to be
   21  appropriate for the parcel. The county shall, after considering
   22  the proposed density and intensity, grant the parcel the same
   23  land use designation as the surrounding parcels that abut the
   24  parcel unless the county finds by clear and convincing evidence
   25  that such grant would be detrimental to the health, safety, and
   26  welfare of its citizens.
   27         (2) In order to qualify as an agricultural enclave under
   28  this section, the parcel of land must be a parcel that:
   29         (a) Is owned by a single person or entity;
   30         (b) Has been in continuous use for bona fide agricultural
   31  purposes, as defined by s. 193.461, for a period of 5 years
   32  before the date of any comprehensive plan amendment application;
   33         (c) Is surrounded on at least 95 percent of its perimeter
   34  by property that the local government has designated as land
   35  that may be developed for industrial, commercial, or residential
   36  purposes; and
   37         (d) Does not exceed 650 acres but is not smaller than 500
   38  acres.
   40  In order to qualify for the redesignation as an enclave, the
   41  owner of a parcel of land meeting the requirements of paragraphs
   42  (a)-(d) must apply for the redesignation by January 1, 2014.
   43         Section 5. (1) Except as provided in subsection (4), and in
   44  recognition of 2012 real estate market conditions, any building
   45  permit, and any permit issued by the Department of Environmental
   46  Protection or by a water management district pursuant to part IV
   47  of chapter 373, Florida Statutes, which has an expiration date
   48  from January 1, 2011, through January 1, 2014, is extended and
   50  ================= T I T L E  A M E N D M E N T ================
   51         And the title is amended as follows:
   52         Delete line 26
   53  and insert:
   54         a 3-year permit extension; providing an effective