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Bill tilts land use rules toward farmers

Supporters say it would help keep farmers in business. Others say it would weaken local government control.

By JONI JAMES
Published March 22, 2005

TALLAHASSEE - Nine months after Gov. Jeb Bush vetoed legislation to make it easier for some farmers to rezone their land for urban development, a new proposal is breezing through the Legislature and could reach the Florida House floor today.

The plan, pushed by the agriculture lobby and opposed by environmentalists and county governments, would give new leverage to farm owners who are bordered on 75 percent of their perimeter by current or proposed urban development.

Under the bill, which unanimously passed its second Senate committee Monday, local governments would have six months to act on a farmer's rezoning request. If the local government misses the deadline, the farmer would automatically win the land use change, which would dramatically increase the value of the land.

The farm lobby has said that while some farmers will clearly opt to sell or develop their land, others could use the increased value to get farm loans.

"We've made real efforts to accommodate some of the governor's concerns," Senate bill sponsor Nancy Argenziano, R-Dunnellon, told the Senate Community Affairs Committee on Monday. "We need to do this to help keep agriculture in business."

Key among the backers is citrus grower Callery-Judge Grove, which has been in a pitched battle with Palm Beach County officials over its desire to rezone 4,400 acres that is nearly surrounded by urban development.

This year's plan, unlike last year's, limits the size of agricultural land that could qualify: 2,650 acres. But if the property is inactive or within 5 miles of where a "damaging pest, disease or natural disaster is or has been identified," the size nearly doubles.

Opponents, an unusual alliance between environmentalists and local government, worried the plan would do more damage than last year's vetoed bill.

The language that would allow up to 5,120 acres to be developed is so broad it could easily apply to any property near where four hurricanes came through last year, complained Charles Lee, senior vice president of Audubon of Florida. It could also apply to any property affected by citrus canker, the disease that has prompted massive eradication efforts throughout South Florida.

Jon Van Arnam, lobbyist for the Florida Association of Counties, told the committee the bill would weaken local government control over land use.

Bush's position is unclear. Argenziano and other supporters said they have worked with Bush's staff but acknowledged no commitment.

Bush vetoed last year's bill, fearing it would prematurely convert some farmland to development, encourage litigation and increase the state's role in local land use decisions.

Also unclear is how Senate President Tom Lee, who voted for last year's measure, will handle the issue now that he is leading the chamber. Lee has vowed to force a rewrite of the state's growth management laws, which would include those associated with agricultural property.

[Last modified March 22, 2005, 01:20:07]