SENATE AMENDMENT
    Bill No. CS for SB 2548, 1st Eng.
    Amendment No. ___   Barcode 343142
                            CHAMBER ACTION
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11  Senator Geller moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         On page 26, between lines 25 and 26,
15  
16  and insert:  
17         Section 17.  Subsection (8) of section 197.502, Florida
18  Statutes, is amended to read:
19         197.502  Application for obtaining tax deed by holder
20  of tax sale certificate; fees.--
21         (8)  Taxes shall not be extended against parcels listed
22  as lands available for taxes, but in each year the taxes that
23  would have been due shall be treated as omitted years and
24  added to the required minimum bid. Three years after from the
25  day the land was offered for public sale, the land shall
26  escheat to the county in which it is located, free and clear.
27  All tax certificates, accrued taxes, and liens of any nature
28  against the property shall be deemed canceled as a matter of
29  law and of no further legal force and effect, and the clerk
30  shall execute an escheatment a tax deed vesting title in the
31  board of county commissioners of the county in which the land
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    10:34 PM   04/26/04                              s2548.cm31.aa

SENATE AMENDMENT Bill No. CS for SB 2548, 1st Eng. Amendment No. ___ Barcode 343142 1 it is located. 2 (a) When a property escheats to the county under this 3 subsection, the county is not subject to any liability imposed 4 by chapter 376 or chapter 403 for preexisting soil or 5 groundwater contamination due solely to its ownership. 6 However, this subsection does not affect the rights or 7 liabilities of any past or future owners of the escheated 8 property and does not affect the liability of any governmental 9 entity for the results of its actions that create or 10 exacerbate a pollution source. 11 (b) The county and the Department of Environmental 12 Protection may enter into a written agreement for the 13 performance, funding, and reimbursement of the investigative 14 and remedial acts necessary for a property that escheats to 15 the county. 16 Section 18. Accessory dwelling units.-- 17 (1) The Legislature finds that the median price of 18 homes in this state has increased steadily over the last 19 decade and at a greater rate of increase than the median 20 income in many urban areas. The Legislature finds that the 21 cost of rental housing has also increased steadily and the 22 cost often exceeds an amount that is affordable to 23 very-low-income, low-income, or moderate-income persons and 24 has resulted in a critical shortage of affordable rentals in 25 many urban areas in the state. This shortage of affordable 26 rentals constitutes a threat to the health, safety, and 27 welfare of the residents of the state. Therefore, the 28 Legislature finds that it serves an important public purpose 29 to encourage the permitting of accessory dwelling units in 30 single-family residential areas in order to increase the 31 availability of affordable rentals for very-low-income, 2 10:34 PM 04/26/04 s2548.cm31.aa
SENATE AMENDMENT Bill No. CS for SB 2548, 1st Eng. Amendment No. ___ Barcode 343142 1 low-income, or moderate-income persons. 2 (2) As used in this section, the term: 3 (a) "Accessory dwelling unit" means an ancillary or 4 secondary living unit, that has a separate kitchen, bathroom, 5 and sleeping area, existing either within the same structure, 6 or on the same lot, as the primary dwelling unit. 7 (b) "Affordable rental" means that monthly rent and 8 utilities do not exceed 30 percent of that amount which 9 represents the percentage of the median adjusted gross annual 10 income for very-low-income, low-income, or moderate-income 11 persons. 12 (c) "Local government" means a county or municipality. 13 (d) "Low-income persons" has the same meaning as in 14 section 420.0004(9), Florida Statutes. 15 (e) "Moderate-income persons" has the same meaning as 16 in section 420.0004(10), Florida Statutes. 17 (f) "Very-low-income persons" has the same meaning as 18 in section 420.0004(14), Florida Statutes. 19 (3) Upon a finding by a local government that there is 20 a shortage of affordable rentals within its jurisdiction, the 21 local government may adopt an ordinance to allow accessory 22 dwelling units in any area zoned for single-family residential 23 use. 24 (4) If the local government adopts an ordinance under 25 this section, an application for a building permit to 26 construct an accessory dwelling unit must include an affidavit 27 from the applicant which attests that the unit will be rented 28 at an affordable rate to a very-low-income, low-income, or 29 moderate-income person or persons. 30 (5) Each accessory dwelling unit allowed by an 31 ordinance adopted under this section shall apply towards 3 10:34 PM 04/26/04 s2548.cm31.aa
SENATE AMENDMENT Bill No. CS for SB 2548, 1st Eng. Amendment No. ___ Barcode 343142 1 satisfying the affordable housing component of the housing 2 element in the local government's comprehensive plan under 3 section 163.3177(6)(f), Florida Statutes. 4 (6) The Department of Community Affairs shall evaluate 5 the effectiveness of using accessory dwelling units to address 6 a local government's shortage of affordable housing and report 7 to the Legislature by January 1, 2007. The report must specify 8 the number of ordinances adopted by a local government under 9 this section and the number of accessory dwelling units that 10 were created under these ordinances. 11 Section 19. Subsection (13) is added to section 12 163.3167, Florida Statutes, to read: 13 163.3167 Scope of act.-- 14 (13) Each local government shall address in its 15 comprehensive plan, as enumerated in this chapter, the water 16 supply sources necessary to meet and achieve the existing and 17 projected water use demand for the established planning 18 period, considering the applicable plan developed pursuant to 19 s. 373.0361. 20 Section 20. Paragraphs (a) and (c) of subsection (6) 21 and subsection (11) of section 163.3177, Florida Statutes, are 22 amended to read: 23 163.3177 Required and optional elements of 24 comprehensive plan; studies and surveys.-- 25 (6) In addition to the requirements of subsections 26 (1)-(5), the comprehensive plan shall include the following 27 elements: 28 (a) A future land use plan element designating 29 proposed future general distribution, location, and extent of 30 the uses of land for residential uses, commercial uses, 31 industry, agriculture, recreation, conservation, education, 4 10:34 PM 04/26/04 s2548.cm31.aa
SENATE AMENDMENT Bill No. CS for SB 2548, 1st Eng. Amendment No. ___ Barcode 343142 1 public buildings and grounds, other public facilities, and 2 other categories of the public and private uses of land. 3 Counties are encouraged to designate rural land stewardship 4 areas, pursuant to the provisions of paragraph (11)(d), as 5 overlays on the future land use map. Each future land use 6 category must be defined in terms of uses included, and must 7 include standards to be followed in the control and 8 distribution of population densities and building and 9 structure intensities. The proposed distribution, location, 10 and extent of the various categories of land use shall be 11 shown on a land use map or map series which shall be 12 supplemented by goals, policies, and measurable objectives. 13 The future land use plan shall be based upon surveys, studies, 14 and data regarding the area, including the amount of land 15 required to accommodate anticipated growth; the projected 16 population of the area; the character of undeveloped land; the 17 availability of public services; the need for redevelopment, 18 including the renewal of blighted areas and the elimination of 19 nonconforming uses which are inconsistent with the character 20 of the community; and, in rural communities, the need for job 21 creation, capital investment, and economic development that 22 will strengthen and diversify the community's economy. The 23 future land use plan may designate areas for future planned 24 development use involving combinations of types of uses for 25 which special regulations may be necessary to ensure 26 development in accord with the principles and standards of the 27 comprehensive plan and this act. In addition, for rural 28 communities, the amount of land designated for future planned 29 industrial use shall be based upon surveys and studies that 30 reflect the need for job creation, capital investment, and the 31 necessity to strengthen and diversify the local economies, and 5 10:34 PM 04/26/04 s2548.cm31.aa
SENATE AMENDMENT Bill No. CS for SB 2548, 1st Eng. Amendment No. ___ Barcode 343142 1 shall not be limited solely by the projected population of the 2 rural community. The future land use plan of a county may also 3 designate areas for possible future municipal incorporation. 4 The land use maps or map series shall generally identify and 5 depict historic district boundaries and shall designate 6 historically significant properties meriting protection. The 7 future land use element must clearly identify the land use 8 categories in which public schools are an allowable use. When 9 delineating the land use categories in which public schools 10 are an allowable use, a local government shall include in the 11 categories sufficient land proximate to residential 12 development to meet the projected needs for schools in 13 coordination with public school boards and may establish 14 differing criteria for schools of different type or size. 15 Each local government shall include lands contiguous to 16 existing school sites, to the maximum extent possible, within 17 the land use categories in which public schools are an 18 allowable use. All comprehensive plans must comply with the 19 school siting requirements of this paragraph no later than 20 October 1, 1999. The failure by a local government to comply 21 with these school siting requirements by October 1, 1999, will 22 result in the prohibition of the local government's ability to 23 amend the local comprehensive plan, except for plan amendments 24 described in s. 163.3187(1)(b), until the school siting 25 requirements are met. Amendments proposed by a local 26 government for purposes of identifying the land use categories 27 in which public schools are an allowable use or for adopting 28 or amending the school-siting maps pursuant to s. 163.31776(3) 29 are exempt from the limitation on the frequency of plan 30 amendments contained in s. 163.3187. The future land use 31 element shall include criteria that encourage the location of 6 10:34 PM 04/26/04 s2548.cm31.aa
SENATE AMENDMENT Bill No. CS for SB 2548, 1st Eng. Amendment No. ___ Barcode 343142 1 schools proximate to urban residential areas to the extent 2 possible and shall require that the local government seek to 3 collocate public facilities, such as parks, libraries, and 4 community centers, with schools to the extent possible and to 5 encourage the use of elementary schools as focal points for 6 neighborhoods. For schools serving predominantly rural 7 counties, defined as a county with a population of 100,000 or 8 fewer, an agricultural land use category shall be eligible for 9 the location of public school facilities if the local 10 comprehensive plan contains school siting criteria and the 11 location is consistent with such criteria. 12 (c) A general sanitary sewer, solid waste, drainage, 13 potable water, and natural groundwater aquifer recharge 14 element correlated to principles and guidelines for future 15 land use, indicating ways to provide for future potable water, 16 drainage, sanitary sewer, solid waste, and aquifer recharge 17 protection requirements for the area. The element may be a 18 detailed engineering plan including a topographic map 19 depicting areas of prime groundwater recharge. The element 20 shall describe the problems and needs and the general 21 facilities that will be required for solution of the problems 22 and needs. The element shall also include a topographic map 23 depicting any areas adopted by a regional water management 24 district as prime groundwater recharge areas for the Floridan 25 or Biscayne aquifers, pursuant to s. 373.0395. These areas 26 shall be given special consideration when the local government 27 is engaged in zoning or considering future land use for said 28 designated areas. For areas served by septic tanks, soil 29 surveys shall be provided which indicate the suitability of 30 soils for septic tanks. By December 1, 2006 January 1, 2005, 31 or the Evaluation and Appraisal Report adoption deadline 7 10:34 PM 04/26/04 s2548.cm31.aa
SENATE AMENDMENT Bill No. CS for SB 2548, 1st Eng. Amendment No. ___ Barcode 343142 1 established for the local government pursuant to s. 2 163.3191(a), whichever date occurs first, the element must 3 consider the appropriate water management district's regional 4 water supply plan approved pursuant to s. 373.0361. The 5 element must include a work plan, covering at least a 10-year 6 planning period, for building water supply facilities that are 7 identified in the element as necessary to serve existing and 8 new development and for which the local government is 9 responsible. The work plan shall be updated, at a minimum, 10 every 5 years within 12 months after the governing board of 11 the water management district approves an updated regional 12 water supply plan. Amendments to incorporate the work plan do 13 not count toward the limitation on the frequency of adoption 14 of amendments to a comprehensive plan. 15 (11)(a) The Legislature recognizes the need for 16 innovative planning and development strategies which will 17 address the anticipated demands of continued urbanization of 18 Florida's coastal and other environmentally sensitive areas, 19 and which will accommodate the development of less populated 20 regions of the state which seek economic development and which 21 have suitable land and water resources to accommodate growth 22 in an environmentally acceptable manner. The Legislature 23 further recognizes the substantial advantages of innovative 24 approaches to development which may better serve to protect 25 environmentally sensitive areas, maintain the economic 26 viability of agricultural and other predominantly rural land 27 uses, and provide for the cost-efficient delivery of public 28 facilities and services. 29 (b) It is the intent of the Legislature that the local 30 government comprehensive plans and plan amendments adopted 31 pursuant to the provisions of this part provide for a planning 8 10:34 PM 04/26/04 s2548.cm31.aa
SENATE AMENDMENT Bill No. CS for SB 2548, 1st Eng. Amendment No. ___ Barcode 343142 1 process which allows for land use efficiencies within existing 2 urban areas and which also allows for the conversion of rural 3 lands to other uses, where appropriate and consistent with the 4 other provisions of this part and the affected local 5 comprehensive plans, through the application of innovative and 6 flexible planning and development strategies and creative land 7 use planning techniques, which may include, but not be limited 8 to, urban villages, new towns, satellite communities, 9 area-based allocations, clustering and open space provisions, 10 mixed-use development, and sector planning. 11 (c) It is the further intent of the Legislature that 12 local government comprehensive plans and implementing land 13 development regulations shall provide strategies which 14 maximize the use of existing facilities and services through 15 redevelopment, urban infill development, and other strategies 16 for urban revitalization. 17 (d)1. The department, in cooperation with the 18 Department of Agriculture and Consumer Services, the 19 Department of Environmental Protection, water management 20 districts, and regional planning councils, shall provide 21 assistance to local governments in the implementation of this 22 paragraph and rule 9J-5.006(5)(l), Florida Administrative 23 Code. Implementation of those provisions shall include a 24 process by which the department may authorize up to five local 25 governments to designate all or portions of lands classified 26 in the future land use element as predominantly agricultural, 27 rural, open, open-rural, or a substantively equivalent land 28 use, as a rural land stewardship area within which planning 29 and economic incentives are applied to encourage the 30 implementation of innovative and flexible planning and 31 development strategies and creative land use planning 9 10:34 PM 04/26/04 s2548.cm31.aa
SENATE AMENDMENT Bill No. CS for SB 2548, 1st Eng. Amendment No. ___ Barcode 343142 1 techniques, including those contained herein and in rule 2 9J-5.006(5)(l), Florida Administrative Code. Assistance may 3 include, but is not limited to: 4 a. Assistance from the Department of Environmental 5 Protection and water management districts in creating the 6 geographic information systems land cover database and aerial 7 photogrammetry needed to prepare for a rural land stewardship 8 area; 9 b. Support for local government implementation of 10 rural land stewardship concepts by providing information and 11 assistance to local governments regarding land acquisition 12 programs that may be used by the local government or 13 landowners to leverage the protection of greater acreage and 14 maximize the effectiveness of rural land stewardship areas; 15 and 16 c. Expansion of the role of the Department of 17 Community Affairs as a resource agency to facilitate 18 establishment of rural land stewardship areas in smaller rural 19 counties that do not have the staff or planning budgets to 20 create a rural land stewardship area. 21 2. The department shall encourage participation by 22 local governments of different sizes and rural characteristics 23 in establishing and implementing rural land stewardship areas. 24 It is the intent of the Legislature that rural land 25 stewardship areas be used to further the following broad 26 principles of rural sustainability: restoration and 27 maintenance of the economic value of rural land; control of 28 urban sprawl; identification and protection of ecosystems, 29 habitats, and natural resources; promotion of rural economic 30 activity; maintenance of the viability of Florida's 31 agricultural economy; and protection of the character of rural 10 10:34 PM 04/26/04 s2548.cm31.aa
SENATE AMENDMENT Bill No. CS for SB 2548, 1st Eng. Amendment No. ___ Barcode 343142 1 areas of Florida. Rural land stewardship areas may be 2 multicounty in order to encourage coordinated regional 3 stewardship planning. 4 3. A local government, in conjunction with a regional 5 planning council, a stakeholder organization of private land 6 owners, or another local government, shall notify may apply to 7 the department in writing of its intent requesting 8 consideration for authorization to designate a rural land 9 stewardship area and shall describe its reasons for applying 10 for the authorization with supporting documentation regarding 11 its compliance with criteria set forth in this section. 12 4. In selecting a local government, the department 13 shall, by written agreement: 14 a. Ensure that the local government has expressed its 15 intent to designate a rural land stewardship area pursuant to 16 the provisions of this subsection and clarify that the rural 17 land stewardship area is intended. 18 b. Ensure that the local government has the financial 19 and administrative capabilities to implement a rural land 20 stewardship area. 21 5. The written notification agreement shall describe 22 include the basis for the designation, authorization and 23 provide criteria for evaluating the success of the 24 authorization including the extent to which the rural land 25 stewardship area enhances rural land values, controls; control 26 urban sprawl,; provides necessary open space for agriculture 27 and protection of the natural environment,; promotes rural 28 economic activity,; and maintains rural character and the 29 economic viability of agriculture. The department may 30 terminate the agreement at any time if it determines that the 31 local government is not meeting the terms of the agreement. 11 10:34 PM 04/26/04 s2548.cm31.aa
SENATE AMENDMENT Bill No. CS for SB 2548, 1st Eng. Amendment No. ___ Barcode 343142 1 4.6. A rural land stewardship area shall be not less 2 than 10,000 50,000 acres and shall not exceed 250,000 acres in 3 size, shall be located outside of municipalities and 4 established urban growth boundaries, and shall be designated 5 by plan amendment. The plan amendment designating a rural 6 land stewardship area shall be subject to review by the 7 Department of Community Affairs pursuant to s. 163.3184 and 8 shall provide for the following: 9 a. Criteria for the designation of receiving areas 10 within rural land stewardship areas in which innovative 11 planning and development strategies may be applied. Criteria 12 shall at a minimum provide for the following: adequacy of 13 suitable land to accommodate development so as to avoid 14 conflict with environmentally sensitive areas, resources, and 15 habitats; compatibility between and transition from higher 16 density uses to lower intensity rural uses; the establishment 17 of receiving area service boundaries which provide for a 18 separation between receiving areas and other land uses within 19 the rural land stewardship area through limitations on the 20 extension of services; and connection of receiving areas with 21 the rest of the rural land stewardship area using rural design 22 and rural road corridors. 23 b. Goals, objectives, and policies setting forth the 24 innovative planning and development strategies to be applied 25 within rural land stewardship areas pursuant to the provisions 26 of this section. 27 c. A process for the implementation of innovative 28 planning and development strategies within the rural land 29 stewardship area, including those described in this subsection 30 and rule 9J-5.006(5)(l), Florida Administrative Code, which 31 provide for a functional mix of land uses and which are 12 10:34 PM 04/26/04 s2548.cm31.aa
SENATE AMENDMENT Bill No. CS for SB 2548, 1st Eng. Amendment No. ___ Barcode 343142 1 applied through the adoption by the local government of zoning 2 and land development regulations applicable to the rural land 3 stewardship area. 4 d. A process which encourages visioning pursuant to s. 5 163.3167(11) to ensure that innovative planning and 6 development strategies comply with the provisions of this 7 section. 8 e. The control of sprawl through the use of innovative 9 strategies and creative land use techniques consistent with 10 the provisions of this subsection and rule 9J-5.006(5)(l), 11 Florida Administrative Code. 12 5.7. A receiving area shall be designated by the 13 adoption of a land development regulation. Prior to the 14 designation of a receiving area, the local government shall 15 provide the Department of Community Affairs a period of 30 16 days in which to review a proposed receiving area for 17 consistency with the rural land stewardship area plan 18 amendment and to provide comments to the local government. 19 6.8. Upon the adoption of a plan amendment creating a 20 rural land stewardship area, the local government shall, by 21 ordinance, assign to the area a certain number of credits, to 22 be known as "transferable rural land use credits," which shall 23 not constitute a right to develop land, nor increase density 24 of land, except as provided by this section. The total amount 25 of transferable rural land use credits assigned to the rural 26 land stewardship area must correspond to the 25-year or 27 greater projected population of the rural land stewardship 28 area. Transferable rural land use credits are subject to the 29 following limitations: 30 a. Transferable rural land use credits may only exist 31 within a rural land stewardship area. 13 10:34 PM 04/26/04 s2548.cm31.aa
SENATE AMENDMENT Bill No. CS for SB 2548, 1st Eng. Amendment No. ___ Barcode 343142 1 b. Transferable rural land use credits may only be 2 used on lands designated as receiving areas and then solely 3 for the purpose of implementing innovative planning and 4 development strategies and creative land use planning 5 techniques adopted by the local government pursuant to this 6 section. 7 c. Transferable rural land use credits assigned to a 8 parcel of land within a rural land stewardship area shall 9 cease to exist if the parcel of land is removed from the rural 10 land stewardship area by plan amendment. 11 d. Neither the creation of the rural land stewardship 12 area by plan amendment nor the assignment of transferable 13 rural land use credits by the local government shall operate 14 to displace the underlying density of land uses assigned to a 15 parcel of land within the rural land stewardship area; 16 however, if transferable rural land use credits are 17 transferred from a parcel for use within a designated 18 receiving area, the underlying density assigned to the parcel 19 of land shall cease to exist. 20 e. The underlying density on each parcel of land 21 located within a rural land stewardship area shall not be 22 increased or decreased by the local government, except as a 23 result of the conveyance or use of transferable rural land use 24 credits, as long as the parcel remains within the rural land 25 stewardship area. 26 f. Transferable rural land use credits shall cease to 27 exist on a parcel of land where the underlying density 28 assigned to the parcel of land is utilized. 29 g. An increase in the density of use on a parcel of 30 land located within a designated receiving area may occur only 31 through the assignment or use of transferable rural land use 14 10:34 PM 04/26/04 s2548.cm31.aa
SENATE AMENDMENT Bill No. CS for SB 2548, 1st Eng. Amendment No. ___ Barcode 343142 1 credits and shall not require a plan amendment. 2 h. A change in the density of land use on parcels 3 located within receiving areas shall be specified in a 4 development order which reflects the total number of 5 transferable rural land use credits assigned to the parcel of 6 land and the infrastructure and support services necessary to 7 provide for a functional mix of land uses corresponding to the 8 plan of development. 9 i. Land within a rural land stewardship area may be 10 removed from the rural land stewardship area through a plan 11 amendment. 12 j. Transferable rural land use credits may be assigned 13 at different ratios of credits per acre according to the 14 natural resource or other beneficial use characteristics of 15 the land and according to the land use remaining following the 16 transfer of credits, with the highest number of credits per 17 acre assigned to the most preserve environmentally valuable 18 land and a lesser number of credits to be assigned to open 19 space and agricultural land. 20 k. The use or conveyance of transferable rural land 21 use credits must be recorded in the public records of the 22 county in which the property is located as a covenant or 23 restrictive easement running with the land in favor of the 24 county and either the Department of Environmental Protection, 25 Department of Agriculture and Consumer Services, a water 26 management district, or a recognized statewide land trust. 27 7.9. Owners of land within rural land stewardship 28 areas should be provided incentives to enter into rural land 29 stewardship agreements, pursuant to existing law and rules 30 adopted thereto, with state agencies, water management 31 districts, and local governments to achieve mutually agreed 15 10:34 PM 04/26/04 s2548.cm31.aa
SENATE AMENDMENT Bill No. CS for SB 2548, 1st Eng. Amendment No. ___ Barcode 343142 1 upon conservation objectives. Such incentives may include, 2 but not be limited to, the following: 3 a. Opportunity to accumulate transferable mitigation 4 credits. 5 b. Extended permit agreements. 6 c. Opportunities for recreational leases and 7 ecotourism. 8 d. Payment for specified land management services on 9 publicly owned land, or property under covenant or restricted 10 easement in favor of a public entity. 11 e. Option agreements for sale to public entities or 12 private land conservation entities government, in either fee 13 or easement, upon achievement of conservation objectives. 14 8.10. The department shall report to the Legislature 15 on an annual basis on the results of implementation of rural 16 land stewardship areas authorized by the department, including 17 successes and failures in achieving the intent of the 18 Legislature as expressed in this paragraph. It is further the 19 intent of the Legislature that the success of authorized rural 20 land stewardship areas be substantiated before implementation 21 occurs on a statewide basis. 22 (e) The Legislature finds that mixed-use, high-density 23 development is appropriate for urban infill and redevelopment 24 areas. Mixed-use projects accommodate a variety of uses, 25 including residential and commercial, and usually at higher 26 densities that promote pedestrian-friendly, sustainable 27 communities. The Legislature recognizes that mixed-use, 28 high-density development improves the quality of life for 29 residents and businesses in urban areas. The Legislature finds 30 that mixed-use, high-density redevelopment and infill benefits 31 residents by creating a livable community with alternative 16 10:34 PM 04/26/04 s2548.cm31.aa
SENATE AMENDMENT Bill No. CS for SB 2548, 1st Eng. Amendment No. ___ Barcode 343142 1 modes of transportation. Furthermore, the Legislature finds 2 that local zoning ordinances often discourage mixed-use, 3 high-density development in areas that are appropriate for 4 urban infill and redevelopment. The Legislature intends to 5 discourage single-use zoning in urban areas which often leads 6 to lower-density, land-intensive development outside an urban 7 service area. Therefore, the Department of Community Affairs 8 shall provide technical assistance to local governments in 9 order to encourage mixed-use, high-density urban infill and 10 redevelopment projects. 11 (f) The Legislature finds that a program for the 12 transfer of development rights is a useful tool to preserve 13 historic buildings and create public open spaces in urban 14 areas. A program for the transfer of development rights allows 15 the transfer of density credits from historic properties and 16 public open spaces to areas designated for high-density 17 development. The Legislature recognizes that high-density 18 development is integral to the success of many urban infill 19 and redevelopment projects. The Legislature intends to 20 encourage high-density urban infill and redevelopment while 21 preserving historic structures and open spaces. Therefore, the 22 Department of Community Affairs shall provide technical 23 assistance to local governments in order to promote the 24 transfer of development rights within urban areas for 25 high-density infill and redevelopment projects. 26 (g)(e) The implementation of this subsection shall be 27 subject to the provisions of this chapter, chapters 186 and 28 187, and applicable agency rules. 29 (h)(f) The department may adopt rules necessary to 30 implement the provisions of this subsection. 31 Section 21. Paragraph (m) is added to subsection (1) 17 10:34 PM 04/26/04 s2548.cm31.aa
SENATE AMENDMENT Bill No. CS for SB 2548, 1st Eng. Amendment No. ___ Barcode 343142 1 of section 163.3187, Florida Statutes, to read: 2 163.3187 Amendment of adopted comprehensive plan.-- 3 (1) Amendments to comprehensive plans adopted pursuant 4 to this part may be made not more than two times during any 5 calendar year, except: 6 (m) Any local government comprehensive plan amendment 7 establishing or implementing a rural land stewardship area 8 pursuant to the provisions of s. 163.3177(11)(d). 9 Section 22. Subsection (3) of section 288.107, Florida 10 Statutes, is amended to read: 11 288.107 Brownfield redevelopment bonus refunds.-- 12 (3) CRITERIA.--The minimum criteria for participation 13 in the brownfield redevelopment bonus refund are: 14 (a) The creation of at least 5 10 new full-time 15 permanent jobs. Such jobs shall not include construction or 16 site rehabilitation jobs associated with the implementation of 17 a brownfield site agreement as described in s. 376.80(5). 18 (b) The completion of a fixed capital investment of at 19 least $2 million in mixed-use business activities, including 20 multiunit housing, commercial, retail, and industrial in 21 brownfield areas, by an eligible business applying for a 22 refund under paragraph (2)(b) which provides benefits to its 23 employees. 24 (c) That the designation as a brownfield will 25 diversify and strengthen the economy of the area surrounding 26 the site. 27 (d) That the designation as a brownfield will promote 28 capital investment in the area beyond that contemplated for 29 the rehabilitation of the site. 30 Section 23. Subsection (1) of section 376.86, Florida 31 Statutes, is amended to read: 18 10:34 PM 04/26/04 s2548.cm31.aa
SENATE AMENDMENT Bill No. CS for SB 2548, 1st Eng. Amendment No. ___ Barcode 343142 1 376.86 Brownfield Areas Loan Guarantee Program.-- 2 (1) The Brownfield Areas Loan Guarantee Council is 3 created to review and approve or deny by a majority vote of 4 its membership, the situations and circumstances for 5 participation in partnerships by agreements with local 6 governments, financial institutions, and others associated 7 with the redevelopment of brownfield areas pursuant to the 8 Brownfields Redevelopment Act for a limited state guaranty of 9 up to 5 years of loan guarantees or loan loss reserves issued 10 pursuant to law. The limited state loan guaranty applies only 11 to 50 10 percent of the primary lenders loans for 12 redevelopment projects in brownfield areas. A limited state 13 guaranty of private loans or a loan loss reserve is authorized 14 for lenders licensed to operate in the state upon a 15 determination by the council that such an arrangement would be 16 in the public interest and the likelihood of the success of 17 the loan is great. 18 Section 24. Subsection (16) of section 718.103, 19 Florida Statutes, is amended to read: 20 718.103 Definitions.--As used in this chapter, the 21 term: 22 (16) "Developer" means a person who creates a 23 condominium or offers condominium parcels for sale or lease in 24 the ordinary course of business, but does not include an owner 25 or lessee of a condominium or cooperative unit who has 26 acquired the unit for his or her own occupancy, nor does it 27 include a cooperative association which creates a condominium 28 by conversion of an existing residential cooperative after 29 control of the association has been transferred to the unit 30 owners if, following the conversion, the unit owners will be 31 the same persons who were unit owners of the cooperative and 19 10:34 PM 04/26/04 s2548.cm31.aa
SENATE AMENDMENT Bill No. CS for SB 2548, 1st Eng. Amendment No. ___ Barcode 343142 1 no units are offered for sale or lease to the public as part 2 of the plan of conversion. No state, county, or municipality 3 entity shall be deemed a developer for any purposes under this 4 chapter. 5 Section 25. Subsection (4) is added to section 6 718.401, Florida Statutes, to read: 7 718.401 Leaseholds.-- 8 (4) Notwithstanding any provision to the contrary in 9 this section, an association, individual unit owner, or third 10 party may not purchase the fee interest of any real property 11 owned by a county or municipal entity, unless agreed to by the 12 governmental entity. 13 14 15 ================ T I T L E A M E N D M E N T =============== 16 And the title is amended as follows: 17 On page 2, line 27, after the semicolon 18 19 insert: 20 amending s. 197.502, F.S.; providing for the 21 issuance of an escheatment tax deed that is 22 free and clear of any tax certificates, accrued 23 taxes, and liens of any nature for certain 24 properties; providing immunity for a county 25 from environmental liability for certain 26 properties that escheat to the county; 27 providing for a written agreement between a 28 county and the Department of Environmental 29 Protection which addresses any investigative 30 and remedial acts necessary for certain 31 properties; providing legislative findings with 20 10:34 PM 04/26/04 s2548.cm31.aa
SENATE AMENDMENT Bill No. CS for SB 2548, 1st Eng. Amendment No. ___ Barcode 343142 1 respect to the shortage of affordable rentals 2 in the state; providing a statement of 3 important public purpose; providing 4 definitions; authorizing local governments to 5 permit accessory dwelling units in areas zoned 6 for single-family residential use based upon 7 certain findings; providing for certain 8 accessory dwelling units to apply towards 9 satisfying the affordable housing component of 10 the housing element in a local government's 11 comprehensive plan; requiring the Department of 12 Community Affairs to report to the Legislature; 13 amending s. 163.3167, F.S.; requiring a local 14 government to address certain water supply 15 sources in its comprehensive plan; amending s. 16 163.3177, F.S.; providing that rural land 17 stewardship area designation should be 18 specifically encouraged as an overlay on the 19 future land use map; extending the deadline for 20 certain information to be included in a 21 comprehensive plan; requiring a work plan to be 22 updated at certain intervals; requiring the 23 Department of Community Affairs, in cooperation 24 with other specified state agencies, to provide 25 assistance to local governments in implementing 26 provisions relating to rural land stewardship 27 areas; providing for multicounty rural land 28 stewardship areas; revising requirements, 29 including the acreage threshold for designating 30 a rural land stewardship area; providing that 31 transferable rural land use credits may be 21 10:34 PM 04/26/04 s2548.cm31.aa
SENATE AMENDMENT Bill No. CS for SB 2548, 1st Eng. Amendment No. ___ Barcode 343142 1 assigned at different ratios according to the 2 natural resource or other beneficial use 3 characteristics of the land; providing 4 legislative findings regarding mixed-use, 5 high-density urban infill and redevelopment 6 projects; requiring the Department of Community 7 Affairs to provide technical assistance to 8 local governments; providing legislative 9 findings regarding a program for the transfer 10 of development rights and urban infill and 11 redevelopment; requiring the Department of 12 Community Affairs to provide technical 13 assistance to local governments; amending s. 14 163.3187, F.S.; providing an exception to the 15 limitation on the frequency of plan amendments; 16 amending s. 288.107, F.S.; reducing the number 17 of jobs that must be created for participation 18 in the brownfield redevelopment bonus refund; 19 amending s. 376.86, F.S.; increasing the 20 percentage of a primary lender loan to which 21 the limited state loan guaranty applies for 22 redevelopment projects in brownfield areas; 23 amending s. 718.103, F.S.; prohibiting any 24 state, county, or municipal entity from being 25 deemed a developer for purposes of s. 718.103, 26 F.S.; amending s. 718.401, F.S.; prohibiting 27 any association, owner, or third party from 28 purchasing the fee interest of any real 29 property owned by a county or municipal entity, 30 unless agreed to by the governmental entity; 31 22 10:34 PM 04/26/04 s2548.cm31.aa