Florida Senate - 2012 COMMITTEE AMENDMENT
Bill No. CS for SB 1180
Barcode 932440
LEGISLATIVE ACTION
Senate . House
Comm: FAV .
03/01/2012 .
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The Committee on Budget Subcommittee on Transportation, Tourism,
and Economic Development Appropriations (Bennett) recommended
the following:
1 Senate Amendment (with title amendment)
2
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.
39
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
49
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