Coalition 4 Responsible Growth - Alert

Agricultural Economic Development Bills

House Bill 561/Senate Bill 716

The House bill passed.

The Senate bill is in its final committee meeting and will be presented on the Senate floor soon.

1. These bills expand the Bert Harris Act (property rights law) to agricultural landowners to allow legal challenges when a county lowers density or intensity on their land (for future planning). The result is community planning will not be able to include farmlands. This will be very difficult for rural-type communities to stay that way. The agricultural landowners would have a right to sue the local government within 90 days instead of the customary Sovereign Immunity Statute requirements of 180 days. There may be an issue of constitutionality in favoring rights of one type of landowner over other property owners.
2. These bills define "agricultural enclaves" and deem them to prevent sprawl. An "agricultural enclave" is defined as a parcel of land from 2,560 acres up to 5,120 acres (larger than some Florida cities) that is surrounded on 75 percent of its borders by residential, commercial or industrial development will be allowed to apply only for building and related permits and NOT any comp plan amendments or DRI!
3. There is further pressure on local governments in that if the local government does not take action within six months, comprehensive plan amendments and developments of regional impacts (DRIs) pertaining to development within these agricultural enclaves would be automatically approved.
4. The development interests behind these bills say they are intended to help family farmers impacted by hurricanes and citrus canker. Clearly, this is not the case.
5. These bills take discretionary land use decisions out of the hands of local government, and promote sprawling development that our growth management laws are intended to prevent. These bills actually undermine what little local government control that is left. We don’t need this type of State oversight!
6. These bills include rural land stewardship language that makes it appealing, but the negative ramifications of the above outweigh any benefit these bills might have. The Rural Land Stewardship Act is currently requesting funding through other legislation.

In 2004, Governor Bush vetoed similar legislation, noting it violated one of his basic tenets that "local decisions should be made at the local level." He also said it would encourage farmers to "cash out" by developing their property.

These bills will escalate our farmlands being developed. They need to be stopped – unfortunately they are too damaging to be amended. The Florida League of Cities, Florida Association of Counties, Audubon of Florida, 1000 Friends of Florida and others have gone on record opposing this Act. Please join with Coalition 4 Responsible Growth and send a loud and clear message to our Hillsborough County Legislative Delegation and Governor Bush that these damaging bills must be stopped.