October 22, 2020
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069773
  Amendment
Bill No. 0360
Amendment No. 069773
CHAMBER ACTION
Senate House
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1Representative(s) Pickens, Allen, Bowen, Cannon, Grimsley,
2Poppell, Proctor, Sansom, Stansel, and Troutman offered the
3following:
4
5     Amendment to Amendment (882799) (with title amendment)
6Between lines 4265 and 4266 insert:
7     Section 41.  Paragraphs (a) and (c) of subsection (4) and
8paragraph (a) of subsection (5) and of section 70.001, Florida
9Statutes, are amended to read:
10     70.001  Private property rights protection.--
11     (4)(a)  Not less than 180 days prior to filing an action
12under this section against a governmental entity, a property
13owner who seeks compensation under this section must present the
14claim in writing to the head of the governmental entity, except
15that if the property is classified as agricultural pursuant to
16s. 193.461, the notice period is 90 days. The property owner
17must submit, along with the claim, a bona fide, valid appraisal
18that supports the claim and demonstrates the loss in fair market
19value to the real property. If the action of government is the
20culmination of a process that involves more than one
21governmental entity, or if a complete resolution of all relevant
22issues, in the view of the property owner or in the view of a
23governmental entity to whom a claim is presented, requires the
24active participation of more than one governmental entity, the
25property owner shall present the claim as provided in this
26section to each of the governmental entities.
27     (c)  During the 90-day-notice period or the 180-day-notice
28period, unless extended by agreement of the parties, the
29governmental entity shall make a written settlement offer to
30effectuate:
31     1.  An adjustment of land development or permit standards
32or other provisions controlling the development or use of land.
33     2.  Increases or modifications in the density, intensity,
34or use of areas of development.
35     3.  The transfer of developmental rights.
36     4.  Land swaps or exchanges.
37     5.  Mitigation, including payments in lieu of onsite
38mitigation.
39     6.  Location on the least sensitive portion of the
40property.
41     7.  Conditioning the amount of development or use
42permitted.
43     8.  A requirement that issues be addressed on a more
44comprehensive basis than a single proposed use or development.
45     9.  Issuance of the development order, a variance, special
46exception, or other extraordinary relief.
47     10.  Purchase of the real property, or an interest therein,
48by an appropriate governmental entity.
49     11.  No changes to the action of the governmental entity.
50
51If the property owner accepts the settlement offer, the
52governmental entity may implement the settlement offer by
53appropriate development agreement; by issuing a variance,
54special exception, or other extraordinary relief; or by other
55appropriate method, subject to paragraph (d).
56     (5)(a)  During the 90-day-notice period or the 180-day-
57notice period, unless a settlement offer is accepted by the
58property owner, each of the governmental entities provided
59notice pursuant to paragraph (4)(a) shall issue a written
60ripeness decision identifying the allowable uses to which the
61subject property may be put. The failure of the governmental
62entity to issue a written ripeness decision during the
63applicable 90-day-notice period or 180-day-notice period shall
64be deemed to ripen the prior action of the governmental entity,
65and shall operate as a ripeness decision that has been rejected
66by the property owner. The ripeness decision, as a matter of
67law, constitutes the last prerequisite to judicial review, and
68the matter shall be deemed ripe or final for the purposes of the
69judicial proceeding created by this section, notwithstanding the
70availability of other administrative remedies.
71     Section 42.  Subsection (5) is added to section 163.3162,
72Florida Statutes, to read:
73     163.3162  Agricultural Lands and Practices Act.--
74     (5)(a)  The owner of a parcel of land defined as an
75agricultural enclave under s. 163.3164(32)(e)1. may apply for an
76amendment to the local government comprehensive plan pursuant to
77s. 163.3187. Such amendment is not subject to rule 9J-5.006(5),
78Florida Administrative Code, and may include land uses and
79intensities of use that are consistent with the uses and
80intensities of use of the industrial, commercial, or residential
81areas that surround the parcel. The local government shall make
82a determination regarding transmittal of such amendment within
83120 days after receipt of a complete application for the
84amendment and transmit the amendment to the state land planning
85agency for review pursuant to s. 163.3184 at the first available
86transmittal cycle. The state land planning agency may not use
87any provision of rule 9J-5.006(5), Florida Administrative Code,
88as a factor in determining compliance of an amendment under this
89paragraph.
90     (b)  In order to preserve commercial agricultural activity,
91encourage mixed-use infill development, prevent urban sprawl,
92and provide more efficient delivery of municipal services and
93facilities, the owner of a parcel of land defined as an
94agricultural enclave under s. 163.3164(32)(e)2. may apply for an
95amendment to the local government comprehensive plan pursuant to
96s. 163.3187. Such amendment is not subject to rule 9J-5.006(5),
97Florida Administrative Code, and may include land uses and
98intensities of use that are consistent with the uses and
99intensities of use of the industrial, commercial, or residential
100areas that surround the parcel. Each application for a
101comprehensive plan amendment under this paragraph must include
102appropriate new urbanism concepts such as clustering, mixed-use
103development, the creation of rural village and city centers, and
104the transfer of development rights in order to discourage urban
105sprawl while protecting landowner rights.
106     1.  The local government and the owner of a parcel of land
107that is the subject of an application for an amendment under
108this paragraph have 180 days following the date that the local
109government receives a complete application to negotiate in good
110faith to reach consensus on the land uses and intensities of use
111that are consistent with the uses and intensities of use of the
112industrial, commercial, or residential areas that surround the
113parcel. Within 30 days after the local government's receipt of
114such an application, the local government and owner must agree
115in writing to a schedule for information submittal, public
116hearings, negotiations, and final action on the amendment, which
117schedule may thereafter be altered only with the written consent
118of the local government and the owner.  Compliance with the
119schedule in the written agreement constitutes good faith
120negotiations for purposes of subparagraph 3.
121     2.  Upon conclusion of good faith negotiations under
122subparagraph 1., regardless of whether the local government and
123owner reach consensus on the land uses and intensities of use
124that are consistent with the uses and intensities of use of the
125industrial, commercial, or residential areas that surround the
126parcel, the amendment must be transmitted to the state land
127planning agency for review pursuant to s. 163.3184. If the local
128government fails to transmit the amendment within 180 days after
129receipt of a complete application, the amendment must be
130immediately transferred to the state land planning agency for
131such review at the first available transmittal cycle. The state
132land planning agency may not use any provision of rule 9J-
1335.006(5), Florida Administrative Code, as a factor in
134determining compliance of an amendment under this paragraph.
135     3.  If the owner fails to negotiate in good faith, rule 9J-
1365.006(5), Florida Administrative Code, shall apply throughout
137the negotiation and amendment process under this paragraph.
138     (c)  Nothing within this subsection relating to
139agricultural enclaves shall preempt or replace any protection
140currently existing for any property located within the
141boundaries of the following areas:
142     1.  The Wekiva Study Area, as defined in s. 369.316; or
143     2.  The Everglades Protection Area, as defined in s.
144373.4592(2).
145     Section 43.  Subsection (32) is added to section 163.3164,
146Florida Statutes, to read:
147     163.3164  Local Government Comprehensive Planning and Land
148Development Regulation Act; definitions.--As used in this act:
149     (32)  "Agricultural enclave" means an unincorporated,
150undeveloped parcel that:
151     (a)  Is owned by a single person or entity;
152     (b)  Has been in continuous use for bona fide agricultural
153purposes, as defined by s. 193.461, for a period of 5 years
154prior to the date of any comprehensive plan amendment
155application;
156     (c)  Is surrounded on at least 75 percent of its perimeter
157by:
158     1.  Property that has existing industrial, commercial, or
159residential development; or
160     2.  Property that the local government has designated, in
161the local government's comprehensive plan, zoning map, and
162future land use map, as land that is to be developed for
163industrial, commercial, or residential purposes, and at least 75
164percent of such property is existing industrial, commercial, or
165residential development;
166     (d)  Has public services, including water, wastewater,
167transportation, schools, and recreation facilities, available or
168such public services are scheduled to be provided as part of a
169financially feasible 5-year schedule of capital improvements
170that is adopted by the local government or by an alternative
171provider of local government infrastructure; and
172     (e)  Satisfies one of the following acreage criteria:
173     1.  The qualified parcel may not exceed 500 acres or;
174     2.  The qualified parcel may not exceed 2,560 acres.
175     Section 44.  Section 259.047, Florida Statutes, is created
176to read:
177     259.047  Acquisition of land on which an agricultural lease
178exists.--
179     (1)  When land with an existing agricultural lease is
180acquired in fee simple pursuant to this chapter or chapter 375,
181the existing agricultural lease may continue in force for the
182actual time remaining on the lease agreement. Any entity
183managing lands acquired under this section must consider
184existing agricultural leases in the development of a land
185management plan required under s. 253.034.
186     (2)  Where consistent with the purposes for which the
187property was acquired, the state or acquiring entity shall make
188reasonable efforts to keep lands in agricultural production
189which are in agricultural production at the time of acquisition.
190     Section 45.  Paragraph (a) of subsection (2) of section
191373.0361, Florida Statutes, is amended to read:
192     373.0361  Regional water supply planning.--
193     (2)  Each regional water supply plan shall be based on at
194least a 20-year planning period and shall include, but not be
195limited to:
196     (a)  A water supply development component that includes:
197     1.  A quantification of the water supply needs for all
198existing and reasonably projected future uses within the
199planning horizon. The level-of-certainty planning goal
200associated with identifying the water supply needs of existing
201and future reasonable-beneficial uses shall be based upon
202meeting those needs for a 1-in-10-year drought event. Population
203projections used for determining public water supply needs must
204be based upon the best available data. In determining the best
205available data, the district shall consider the University of
206Florida's Bureau of Economic and Business Research (BEBR) medium
207population projections and any population projection data and
208analysis submitted by a local government pursuant to the public
209workshop described in subsection (1) if the data and analysis
210support the local government's comprehensive plan. Any
211adjustment of or deviation from the BEBR projections must be
212fully described, and the original BEBR data must be presented
213along with the adjusted data.
214     2.  A list of water source options, including traditional
215and alternative source options, from which local government,
216government-owned and privately owned utilities, self-suppliers,
217and others may choose, for water supply development, the total
218capacity of which will, in conjunction with water conservation
219and other demand management measures, exceed the needs
220identified in subparagraph 1. The list of water-source options
221for water supply development must contain provisions that
222recognize that alternative water-source options for agricultural
223self-suppliers are limited.
224     3.  For each option listed in subparagraph 2., the
225estimated amount of water available for use and the estimated
226costs of and potential sources of funding for water supply
227development.
228     4.  A list of water supply development projects that meet
229the criteria in s. 373.0831(4).
230
231The water supply development component of a regional water
232supply plan which deals with or affects public utilities and
233public water supply for those areas served by a regional water
234supply authority and its member governments within the
235boundaries of the Southwest Florida Water Management District
236shall be developed jointly by the authority and the district.
237     Section 46.  Subsections (2) and (3) of section 373.236,
238Florida Statutes, are renumbered as subsections (3) and (4),
239respectively, and a new subsection (2) is added to said section,
240to read:
241     373.236  Duration of permits; compliance reports.--
242     (2)  The Legislature finds that some agricultural
243landowners remain unaware of their ability to request a 20-year
244consumptive use permit under subsection (1) for initial permits
245or for renewals. Therefore, the water management districts shall
246inform agricultural applicants of this option in the application
247form.
248     Section 47.  Section 373.2234, Florida Statutes, is amended
249to read:
250     373.2234  Preferred water supply sources.--The governing
251board of a water management district is authorized to adopt
252rules that identify preferred water supply sources for
253consumptive uses for which there is sufficient data to establish
254that a preferred source will provide a substantial new water
255supply to meet the existing and projected reasonable-beneficial
256uses of a water supply planning region identified pursuant to s.
257373.0361(1), while sustaining existing water resources and
258natural systems. At a minimum, such rules must contain a
259description of the preferred water supply source and an
260assessment of the water the preferred source is projected to
261produce. If an applicant proposes to use a preferred water
262supply source, that applicant's proposed water use is subject to
263s. 373.223(1), except that the proposed use of a preferred water
264supply source must be considered by a water management district
265when determining whether a permit applicant's proposed use of
266water is consistent with the public interest pursuant to s.
267373.223(1)(c). A consumptive use permit issued for the use of a
268preferred water supply source must be granted, when requested by
269the applicant, for at least a 20-year period and may be subject
270to the compliance reporting provisions of s. 373.236(4)(3).
271Nothing in this section shall be construed to exempt the use of
272preferred water supply sources from the provisions of ss.
273373.016(4) and 373.223(2) and (3), or be construed to provide
274that permits issued for the use of a nonpreferred water supply
275source must be issued for a duration of less than 20 years or
276that the use of a nonpreferred water supply source is not
277consistent with the public interest. Additionally, nothing in
278this section shall be interpreted to require the use of a
279preferred water supply source or to restrict or prohibit the use
280of a nonpreferred water supply source. Rules adopted by the
281governing board of a water management district to implement this
282section shall specify that the use of a preferred water supply
283source is not required and that the use of a nonpreferred water
284supply source is not restricted or prohibited.
285     Section 48.  Section 373.407, Florida Statutes, is created
286to read:
287     373.407  Memorandum of agreement for an agricultural-
288related exemption.--No later than July 1, 2006, the Department
289of Agriculture and Consumer Services and each water management
290district shall enter into a memorandum of agreement under which
291the Department of Agriculture and Consumer Services shall assist
292in a determination by a water management district as to whether
293an existing or proposed activity qualifies for the exemption in
294s. 373.406(2). The memorandum of agreement shall provide a
295process by which, upon the request of a water management
296district or an affected person engaged in the occupation of
297agriculture, silviculture, floriculture, or horticulture, the
298water management district and the Department of Agriculture and
299Consumer Services shall conduct a review as to whether an
300existing or proposed activity qualifies for an agricultural-
301related exemption in s. 373.406(2). The memorandum of agreement
302shall provide processes and procedures for the conduct of the
303review, including the issuance of a recommendation by the
304Department of Agriculture and Consumer Services.
305
306
307================ T I T L E  A M E N D M E N T =============
308     Remove line 4469 and insert:
309severability; amending s. 70.001, F.S.; reducing the period
310within which an owner of agricultural land must provide notice
311of a claim prior to filing an action against a governmental
312entity regarding private property rights; amending s. 163.3162,
313F.S.; providing for application for an amendment to the local
314comprehensive plan by the owner of land that meets certain
315provisions of the definition of an agricultural enclave;
316providing requirements relating to such applications; exempting
317certain amendments from specified rules of the Department of
318Community Affairs under certain circumstances; amending s.
319163.3164, F.S.; defining the term "agricultural enclave" for
320purposes of the Local Government Comprehensive Planning and Land
321Development Regulation Act; creating s. 259.047, F.S.; providing
322requirements relating to the purchase of land on which an
323agricultural lease exists; amending s. 373.0361, F.S.; providing
324for recognition that alternative water-source options for
325agricultural self-suppliers are limited; amending s. 373.236,
326F.S.; requiring water management districts to inform landowners
327of the option to obtain certain consumptive use permits;
328amending s. 373.2234, F.S.; conforming a cross reference;
329creating s. 373.407, F.S.; providing for memoranda of agreement
330regarding qualification for agricultural-related exemptions;
331providing effective dates.


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