THE BILL ITSELF
CS/CS/HB 691
Agricultural Enclaves
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A bill to be entitled
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An act relating to agricultural enclaves; amending s.
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163.3162, F.S.; authorizing owners of certain parcels
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to apply to the governing body of the local government
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for certification of such parcels as agricultural
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enclaves; requiring the local government to provide to
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the applicant a certain report within a specified
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timeframe; requiring the local government to hold a
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public hearing to approve or deny such certification
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within a specified timeframe; requiring the
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certification of a parcel as an agricultural enclave
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under certain circumstances; requiring the governing
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body to issue certain decisions in writing;
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authorizing an applicant to seek judicial review under
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certain circumstances; authorizing the owner of a
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parcel certified as an agricultural enclave to submit
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certain development plans; requiring certain
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developments to be treated as a conforming use;
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prohibiting a local government from enacting or
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enforcing certain laws or regulations; requiring a
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local government to treat certain agricultural
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enclaves as if they are within urban service
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districts; requiring the local government and the
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owner of a parcel certified as an agricultural enclave
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to enter a certain written agreement within a
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specified timeframe; authorizing the development of
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certain certified agricultural enclaves for
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commercial, industrial, or single-family residential
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purposes under certain circumstances; removing
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provisions relating to certain amendments to a local
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government's comprehensive plan; revising
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construction; amending s. 163.3164, F.S.; revising the
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definition of the term "agricultural enclave";
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providing for the future expiration and reversion of
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specified provisions; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsection (4) of section 163.3162, Florida Statutes, is amended to read:
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163.3162 Agricultural lands and practices.—
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(4) PUBLIC HEARING PROCESS.—
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(a) Notwithstanding any other law or local ordinance,
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resolution, or regulation, the owner of a parcel of land may
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apply to the governing body of the local government for
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certification of the parcel as an agricultural enclave as
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defined in s. 163.3164 if one or more adjacent parcels or an
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adjacent development permits the same density as, or higher
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density than, the proposed development.
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(b) Within 30 days after the local government receives an
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application, the local government shall provide to the applicant
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a written report detailing whether the application complies with
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the requirements of paragraph (a).
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(c) Within 30 days after the local government provides the
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report required under paragraph (b), the local government shall
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hold a public hearing to approve or deny certification of the
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parcel as an agricultural enclave. If the local government does
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not approve or deny certification of the parcel as an
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agricultural enclave within 90 days after receipt of the
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application, the parcel must be certified as an agricultural
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enclave.
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(d) If an application is denied, the governing body of the
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local government must issue its decision in writing with
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detailed findings of fact and conclusions of law. The applicant
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may seek review of the denial by filing a petition for writ of
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certiorari in the circuit court within 30 days after the date
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the local government renders its decision.
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(e) If an application is approved, the owner of the parcel
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certified as an agricultural enclave may submit to the local
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government development plans for single-family residential
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housing which are consistent with the land use requirements, or
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future land use designations, including uses, density, and
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intensity, of one or more adjacent parcels or an adjacent
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development. A development for which plans are submitted under
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this paragraph must be treated as a conforming use,
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notwithstanding the local government's comprehensive plan,
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future land use designation, or zoning.
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(f) A local government may not enact or enforce a law or
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regulation for an agricultural enclave which is more burdensome
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than for other types of applications for comparable uses or
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densities. A local government shall treat an agricultural
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enclave that is adjacent to an urban service district as if such
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enclave is within the urban service district.
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(g) Within 30 business days after the local government's
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receipt of development plans under paragraph (e), the local
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government and the owner of the parcel certified as an
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agricultural enclave must agree in writing to a process and
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schedule for information submittal, analysis, and final
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approval, which may be administrative in nature, of the
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development plans. The local government may not require the
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owner to agree to a process that is longer than 180 days in
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duration or that includes further review of the plans in a
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quasi-judicial process or public hearing.
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(h) Notwithstanding paragraph (e), a certified
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agricultural enclave as defined in s. 163.3164(4)(c)1.c. which
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is adjacent to an interstate highway may be developed for
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commercial, industrial, or single-family residential purposes if
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one or more adjacent parcels or an adjacent development permits
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the same density or intensity as the proposed development.
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AMENDMENT TO LOCAL GOVERNMENT COMPREHENSIVE PLAN.—The owner of a
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parcel of land defined as an agricultural enclave under s.
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163.3164 may apply for an amendment to the local government
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comprehensive plan pursuant to s. 163.3184. Such amendment is
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presumed not to be urban sprawl as defined in s. 163.3164 if it
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includes land uses and intensities of use that are consistent
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with the uses and intensities of use of the industrial,
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commercial, or residential areas that surround the parcel. This
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presumption may be rebutted by clear and convincing evidence.
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Each application for a comprehensive plan amendment under this
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subsection for a parcel larger than 640 acres must include
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appropriate new urbanism concepts such as clustering, mixed-use
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development, the creation of rural village and city centers, and
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the transfer of development rights in order to discourage urban
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sprawl while protecting landowner rights.
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(a) The local government and the owner of a parcel of land
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that is the subject of an application for an amendment shall
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have 180 days following the date that the local government
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receives a complete application to negotiate in good faith to
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reach consensus on the land uses and intensities of use that are
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consistent with the uses and intensities of use of the
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industrial, commercial, or residential areas that surround the
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parcel. Within 30 days after the local government's receipt of
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such an application, the local government and owner must agree
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in writing to a schedule for information submittal, public
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hearings, negotiations, and final action on the amendment, which
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schedule may thereafter be altered only with the written consent
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of the local government and the owner. Compliance with the
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schedule in the written agreement constitutes good faith
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negotiations for purposes of paragraph (c).
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(b) Upon conclusion of good faith negotiations under
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paragraph (a), regardless of whether the local government and
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owner reach consensus on the land uses and intensities of use
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that are consistent with the uses and intensities of use of the
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industrial, commercial, or residential areas that surround the
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parcel, the amendment must be transmitted to the state land
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planning agency for review pursuant to s. 163.3184. If the local
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government fails to transmit the amendment within 180 days after
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receipt of a complete application, the amendment must be
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immediately transferred to the state land planning agency for
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such review. A plan amendment transmitted to the state land
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planning agency submitted under this subsection is presumed not
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to be urban sprawl as defined in s. 163.3164. This presumption
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may be rebutted by clear and convincing evidence.
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(c) If the owner fails to negotiate in good faith, a plan
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amendment submitted under this subsection is not entitled to the
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rebuttable presumption under this subsection in the negotiation
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and amendment process.
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(i)(d) Nothing within this subsection relating to
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agricultural enclaves shall preempt or replace any protection
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currently existing for any property located within the
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boundaries of any of the following areas:
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1. The Wekiva Study Area, as described in s. 369.316.; or
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2. The Everglades Protection Area, as defined in s.
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373.4592(2).
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3. Any area of critical state concern, as designated in s.
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s. 380.055, s. 380.0551, s. 380.0552, s. 380.0553, or s.
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380.0555.
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4. Any portion of a property encumbered by a recorded
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conservation easement as defined in s. 704.06(1).
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5. A military installation or range identified in s.
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163.3175(2).
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Section 2. Subsection (4) of section 163.3164, Florida
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Statutes, is amended to read:
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163.3164 Community Planning Act; definitions.—As used in
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this act:
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(4) "Agricultural enclave" means an unincorporated,
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undeveloped parcel or parcels that, as of January 1, 2025:
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(a) Are Is owned or controlled by a single person or
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entity.;
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(b) Have Has been in continuous use for bona fide
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agricultural purposes, as defined by s. 193.461, for a period of
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5 years before prior to the date of any comprehensive plan
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amendment or development application.;
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(c)1. Are Is surrounded on at least 75 percent of their
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its perimeter by:
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a.1. A parcel or parcels Property that have has existing
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industrial, commercial, or residential development; or
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b.2. A parcel or parcels Property that the local
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government has designated, in the local government's
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comprehensive plan, zoning map, and future land use map, as land
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that is to be developed for industrial, commercial, or
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residential purposes, and at least 75 50 percent of such parcel
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or parcels property is existing industrial, commercial, or
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residential development; or
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c. A combination of an interstate highway and a parcel or
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parcels that are within an urban service district, area, or line
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and that the local government has designated in the local
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government's future land use map as land that is to be developed
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for industrial, commercial, or residential purposes;
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2. Do not exceed 700 acres and are surrounded on at least
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50 percent of their perimeter by a parcel or parcels that the
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local government has designated on the local government's future
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land use map as land that is to be developed for industrial,
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commercial, or residential purposes; and the parcel or parcels
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are surrounded on at least 50 percent of their perimeter by a
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parcel or parcels within an urban service district, area, or
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line; or
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3. Are located within the boundary of an established rural
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study area adopted in the local government's comprehensive plan
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which was intended to be developed with residential uses.
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(d) Have Has public services, including water, wastewater,
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transportation, schools, and recreation facilities, available or
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such public services are scheduled in the capital improvement
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element to be provided by the local government or can be
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provided by an alternative provider of local government
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infrastructure in order to ensure consistency with applicable
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concurrency provisions of s. 163.3180, or the applicant offers
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to enter into a binding agreement to pay for, construct, or
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contribute land for its proportionate share of such
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improvements.; and
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(e) Do Does not exceed 1,280 acres; however, if the parcel
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or parcels are property is surrounded on at least 75 percent of
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the boundary by existing or authorized residential development
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that will result in a density at buildout of at least 1,000
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residents per square mile, then the area must shall be
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determined to be urban and the parcel or parcels may not exceed
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4,480 acres.
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(f) Are located within a county with a population of 1.75
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million or less. For purposes of this subsection, population is
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determined in accordance with the most recent official estimate
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pursuant to s. 186.901.
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Where a right-of-way, body of water, or canal exists along the
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perimeter of a parcel, the perimeter calculations of the
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agricultural enclave must be based on the adjacent parcel or
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parcels across the right-of-way, body of water, or canal.
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The amendments made by this act to ss. Section 3.
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163.3162(4) and 163.3164(4), Florida Statutes, shall expire
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January 1, 2028, and the text of those subsections shall revert
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to that in existence on June 30, 2026, except that any amendment
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to such text enacted other than by this act shall be preserved
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and continue to operate to the extent that such amendment is not
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dependent upon the portions of text which expire pursuant to
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this section.
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Section 4. This act shall take effect July 1, 2026.