Committee/Subcommittee Amendment No. 2 to PCS for CS/HB 579 (2025)
Summary
Amendment No. 2 to PCS for CS/HB 579 (2025) is offered by Representative Overdorf for the Commerce Committee. It removes lines 202-335 and inserts new text amending the Florida Statutes on agricultural lands and on definitions in the Community Planning Act. An owner of an agricultural enclave could apply to the local government for certification, with a public hearing to certify or deny the land, and the land would be certified unless denied within 90 days after the local government receives the application. The definition of "agricultural enclave" is rewritten, including a limit of 1,280 acres, and Section 4 provides that the changes to the definition expire January 1, 2027.
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“Committee/Subcommittee Amendment No. 2 to PCS for CS/HB 579 (2025).”
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. PCS for CS/HB 579 (2025)
Amendment No. 2
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Commerce Committee
2 Representative Overdorf offered the following:
3
4 Amendment
5 Remove lines 202-335 and insert:
6 Section 2. Subsections (1) and (4) of section 163.3162,
7 Florida Statutes, are amended to read:
8 163.3162 Agricultural lands and practices.—
9 (1) LEGISLATIVE FINDINGS AND PURPOSE.—The Legislature
10 finds that agricultural production is a major contributor to the
11 economy of the state; that agricultural lands constitute unique
12 and irreplaceable resources of statewide importance; that the
13 continuation of agricultural activities preserves the landscape
14 and environmental resources of the state, contributes to the
15 increase of tourism, and furthers the economic self-sufficiency
16 of the people of the state; and that the encouragement,
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Bill No. PCS for CS/HB 579 (2025)
Amendment No. 2
17 development, and improvement of agriculture will result in a
18 general benefit to the health, safety, and welfare of the people
19 of the state. It is the purpose of this act to protect
20 reasonable agricultural activities conducted on farm lands from
21 duplicative regulation and to protect the property rights of
22 agricultural land owners.
23 (4) AMENDMENT TO LOCAL GOVERNMENT COMPREHENSIVE PLAN.—The
24 owner of a parcel of land defined as an agricultural enclave
25 under s. 163.3164 may apply for an amendment to the local
26 government comprehensive plan pursuant to s. 163.3184. Such
27 amendment is presumed not to be urban sprawl as defined in s.
28 163.3164 if it includes land uses and intensities of use that
29 are consistent with the uses and intensities of use of the
30 industrial, commercial, or residential areas that surround the
31 parcel. This presumption may be rebutted by clear and convincing
32 evidence. Each application for a comprehensive plan amendment
33 under this subsection for a parcel larger than 640 acres must
34 include appropriate new urbanism concepts such as clustering,
35 mixed-use development, the creation of rural village and city
36 centers, and the transfer of development rights in order to
37 discourage urban sprawl while protecting landowner rights.
38 (a) The local government and the owner of a parcel of land
39 that is the subject of an application for an amendment shall
40 have 180 days following the date that the local government
41 receives a complete application to negotiate in good faith to
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Amendment No. 2
42 reach consensus on the land uses and intensities of use that are
43 consistent with the uses and intensities of use of the
44 industrial, commercial, or residential areas that surround the
45 parcel. Within 30 days after the local government's receipt of
46 such an application, the local government and owner must agree
47 in writing to a schedule for information submittal, public
48 hearings, negotiations, and final action on the amendment, which
49 schedule may thereafter be altered only with the written consent
50 of the local government and the owner. Compliance with the
51 schedule in the written agreement constitutes good faith
52 negotiations for purposes of paragraph (c).
53 (b) Upon conclusion of good faith negotiations under
54 paragraph (a), regardless of whether the local government and
55 owner reach consensus on the land uses and intensities of use
56 that are consistent with the uses and intensities of use of the
57 industrial, commercial, or residential areas that surround the
58 parcel, the amendment must be transmitted to the state land
59 planning agency for review pursuant to s. 163.3184. If the local
60 government fails to transmit the amendment within 180 days after
61 receipt of a complete application, the amendment must be
62 immediately transferred to the state land planning agency for
63 such review. A plan amendment transmitted to the state land
64 planning agency submitted under this subsection is presumed not
65 to be urban sprawl as defined in s. 163.3164. This presumption
66 may be rebutted by clear and convincing evidence.
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67 (c) If the owner fails to negotiate in good faith, a plan
68 amendment submitted under this subsection is not entitled to the
69 rebuttable presumption under this subsection in the negotiation
70 and amendment process.
71 (4) PUBLIC HEARING PROCESS.
72 (a) Notwithstanding any other law, local ordinance,
73 resolution, or regulation to the contrary, the owner of a parcel
74 of land may apply to the governing body of the local government
75 for certification as an agricultural enclave as defined in s.
76 163.3164, provided that one or more adjacent parcels or an
77 adjacent development permits the same or higher density as the
78 proposed development.
79 (b) Within 30 days after the local government's receipt of
80 such an application, the local government must provide a report
81 solely as to the application's compliance with the subsection in
82 writing.
83 (c) Within 30 days after the local government’s issuance
84 of the report, the local government must hold a public hearing
85 to certify or deny the land that is the subject of the
86 application as an agricultural enclave.
87 (d) Within 90 days after the local government’s receipt of
88 the application, the land shall be certified unless denied. If
89 the application is denied, the governing body shall issue its
90 decision in writing with detailed findings of fact and
91 conclusions of law. The applicant may seek review of the denial
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92 by filing a petition for writ of certiorari in the circuit court
93 within 30 days after the date the local government renders its
94 decision.
95 (e) If the application is certified, the owner of land
96 certified as an agricultural enclave may submit development
97 plans for single family residential housing that must be
98 consistent with the land use requirements, or future land use
99 designations, including uses, density, and intensity, of one or
100 more adjacent parcels or adjacent developments. A development
101 authorized under this subsection must be treated as a conforming
102 use, notwithstanding the local government’s comprehensive plan,
103 future land use designation, or zoning.
104 (f) A local government may not enact or enforce any
105 regulation or law for an agricultural enclave that is more
106 burdensome than for other types of applications for comparable
107 uses or densities. A local government must treat an agricultural
108 enclave that is adjacent to an urban service district as if it
109 were within the urban service district.
110 (g) Within 30 business days after the local government’s
111 receipt of such development plans, the local government and
112 owner of land certified as an agricultural enclave, must agree
113 in writing to a process and schedule for information submittal,
114 analysis and final approval, which may be administrative in
115 nature, of the single-family residential development plans. The
116 local government may not require the owner to agree to a process
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117 that is longer than 180 days in duration or that includes
118 further review of the plans in a quasi-judicial process or
119 public hearing.
120 (h)(d) Nothing within this subsection relating to
121 agricultural enclaves shall preempt or replace any protection
122 currently existing for any property located within the
123 boundaries of the following areas:
124 1. The Wekiva Study Area, as described in s. 369.316; or
125 2. The Everglades Protection Area, as defined in s.
126 373.4592(2).
127 3. A military institution identified in s. 163.3175(2).
128 Section 3. Subsection (4) of section 163.3164, Florida
129 Statutes, is amended to read:
130 163.3164 Community Planning Act; definitions.—As used in
131 this act:
132 (4) "Agricultural enclave" means an unincorporated,
133 undeveloped parcel or parcels that as of January 1, 2025:
134 (a) Are Is owned or controlled by a single person or
135 entity;
136 (b) Have Has been in continuous use for bona fide
137 agricultural purposes, as defined by s. 193.461, for a period of
138 5 years before prior to the date of any comprehensive plan
139 amendment or development application;
140 (c)1. Are Is surrounded on at least 75 percent of their
141 its perimeter by:
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142 a.1. A parcel or parcels Property that have has existing
143 industrial, commercial, or residential development; or
144 b.2. A parcel or parcels Property that the local
145 government has designated, in the local government's
146 comprehensive plan, zoning map, and future land use map, as land
147 that is to be developed for industrial, commercial, or
148 residential purposes, and at least 75 percent of such parcel or
149 parcels are property is existing industrial, commercial, or
150 residential development; or
151 2. Do not exceed 700 acres and are surrounded on at least
152 50 percent of their perimeter by a parcel or parcels that the
153 local government has designated on the local government's future
154 land use map as land that is to be developed for industrial,
155 commercial, or residential purposes; and the parcel or parcels
156 are surrounded on at least 50 percent of their perimeter by a
157 parcel or parcels within an urban service district, area, or
158 line; or
159 3. Are located within the boundary of an established rural
160 study area adopted in the local government’s comprehensive plan
161 that was intended to be developed with residential uses and is
162 surrounded on at least 50 percent of its perimeter by a parcel
163 or parcels that the local government has designated on the local
164 government's future land use plan as land that can be developed
165 for industrial, commercial, or residential purposes.
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166 (d) Have Has public services, including water, wastewater,
167 transportation, schools, and recreation facilities, available or
168 such public services are scheduled in the capital improvement
169 element to be provided by the local government or can be
170 provided by an alternative provider of local government
171 infrastructure in order to ensure consistency with applicable
172 concurrency provisions of s. 163.3180, or the applicant offers
173 to enter into a binding agreement to pay for, construct, or
174 contribute land for its proportionate share of such
175 improvements; and
176 (e) Do Does not exceed 1,280 acres; however, if the parcel
177 or parcels are property is surrounded by existing or authorized
178 residential development that will result in a density at
179 buildout of at least 1,000 residents per square mile, then the
180 area must shall be determined to be urban and the parcel or
181 parcels may not exceed 4,480 acres.
182
183 If a right-of-way, body of water, or canal exists along the
184 perimeter of a parcel, the perimeter calculations of the
185 agricultural enclave must be based on the adjacent parcel or
186 parcels across the right-of-way, body of water, or canal.
187 Section 4. The amendments made by this act to s.
188 163.3164(4), Florida Statutes, expire January 1, 2027, and the
189 text of that subsection shall revert to that in existence on
190 September 30, 2025, except that any amendments to such text
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191 enacted other than by this act shall be preserved and continue
192 to operate to the extent that such amendments are not dependent
193 upon the portions of text which expire pursuant to this section.
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