Florida Senate - 2019 COMMITTEE AMENDMENT
Bill No. SB 1730
Ì191038*Î191038
LEGISLATIVE ACTION
Senate . House
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The Committee on Community Affairs (Lee) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 125.01055, Florida Statutes, is amended
6 to read:
7 125.01055 Affordable housing.—
8 (1) Notwithstanding any other provision of law, a county
9 may adopt and maintain in effect any law, ordinance, rule, or
10 other measure that is adopted for the purpose of increasing the
11 supply of affordable housing using land use mechanisms such as
12 inclusionary housing ordinances. A county may not, however,
13 adopt or impose a requirement in any form, including, without
14 limitation, by way of a comprehensive plan amendment, ordinance,
15 or land development regulation or as a condition of a
16 development order or development permit, which has any of the
17 following effects:
18 (a) Mandating or establishing a maximum sales price or
19 lease rental for privately produced dwelling units.
20 (b) Requiring the allocation or designation, whether
21 directly or indirectly, of privately produced dwelling units for
22 sale or rental to any particular class or group of purchasers or
23 tenants.
24 (c) Requiring the provision of any onsite or offsite
25 workforce or affordable housing units or a contribution of land
26 or money for such housing, including, but not limited to, the
27 payment of any flat or percentage-based fee, whether calculated
28 on the basis of the number of approved dwelling units, the
29 amount of approved square footage, or otherwise.
30 (2) This section does not limit the authority of a county
31 to create or implement a voluntary density bonus program or any
32 other voluntary incentive-based program designed to increase the
33 supply of workforce or affordable housing units.
34 Section 2. Section 125.022, Florida Statutes, is amended to
35 read:
36 125.022 Development permits and orders.—
37 (1) Within 30 days after receiving an application for a
38 development permit or development order, a county must review
39 the application for completeness and issue a letter indicating
40 that all required information is submitted or specifying with
41 particularity any areas that are deficient. If deficient, the
42 applicant has 30 days to address the deficiencies by submitting
43 the required additional information. Within 90 days after the
44 initial submission, if complete, or the supplemental submission,
45 whichever is later, the county shall approve, approve with
46 conditions, or deny the application for a development permit or
47 development order. The time periods contained in this section
48 may be waived in writing by the applicant. An approval, approval
49 with conditions, or denial of the application for a development
50 permit or development order must include written findings
51 supporting the county’s decision.
52 (2)(1) When reviewing an application for a development
53 permit or development order that is certified by a professional
54 listed in s. 403.0877, a county may not request additional
55 information from the applicant more than three times, unless the
56 applicant waives the limitation in writing. Before a third
57 request for additional information, the applicant must be
58 offered a meeting to attempt to resolve outstanding issues.
59 Except as provided in subsection (5)(4), if the applicant
60 believes the request for additional information is not
61 authorized by ordinance, rule, statute, or other legal
62 authority, the county, at the applicant’s request, shall proceed
63 to process the application for approval or denial.
64 (3)(2) When a county denies an application for a
65 development permit or development order, the county shall give
66 written notice to the applicant. The notice must include a
67 citation to the applicable portions of an ordinance, rule,
68 statute, or other legal authority for the denial of the permit
69 or order.
70 (4)(3) As used in this section, the terms term “development
71 permit” and “development order” have has the same meaning as in
72 s. 163.3164, but do does not include building permits.
73 (5)(4) For any development permit application filed with
74 the county after July 1, 2012, a county may not require as a
75 condition of processing or issuing a development permit or
76 development order that an applicant obtain a permit or approval
77 from any state or federal agency unless the agency has issued a
78 final agency action that denies the federal or state permit
79 before the county action on the local development permit.
80 (6)(5) Issuance of a development permit or development
81 order by a county does not in any way create any rights on the
82 part of the applicant to obtain a permit from a state or federal
83 agency and does not create any liability on the part of the
84 county for issuance of the permit if the applicant fails to
85 obtain requisite approvals or fulfill the obligations imposed by
86 a state or federal agency or undertakes actions that result in a
87 violation of state or federal law. A county shall attach such a
88 disclaimer to the issuance of a development permit and shall
89 include a permit condition that all other applicable state or
90 federal permits be obtained before commencement of the
91 development.
92 (7)(6) This section does not prohibit a county from
93 providing information to an applicant regarding what other state
94 or federal permits may apply.
95 Section 3. Paragraph (h) of subsection (6) of section
96 163.3180, Florida Statutes, is amended to read:
97 163.3180 Concurrency.—
98 (6)
99 (h)1. In order to limit the liability of local governments,
100 a local government may allow a landowner to proceed with
101 development of a specific parcel of land notwithstanding a
102 failure of the development to satisfy school concurrency, if all
103 the following factors are shown to exist:
104 a. The proposed development would be consistent with the
105 future land use designation for the specific property and with
106 pertinent portions of the adopted local plan, as determined by
107 the local government.
108 b. The local government’s capital improvements element and
109 the school board’s educational facilities plan provide for
110 school facilities adequate to serve the proposed development,
111 and the local government or school board has not implemented
112 that element or the project includes a plan that demonstrates
113 that the capital facilities needed as a result of the project
114 can be reasonably provided.
115 c. The local government and school board have provided a
116 means by which the landowner will be assessed a proportionate
117 share of the cost of providing the school facilities necessary
118 to serve the proposed development.
119 2. If a local government applies school concurrency, it may
120 not deny an application for site plan, final subdivision
121 approval, or the functional equivalent for a development or
122 phase of a development authorizing residential development for
123 failure to achieve and maintain the level-of-service standard
124 for public school capacity in a local school concurrency
125 management system where adequate school facilities will be in
126 place or under actual construction within 3 years after the
127 issuance of final subdivision or site plan approval, or the
128 functional equivalent. School concurrency is satisfied if the
129 developer executes a legally binding commitment to provide
130 mitigation proportionate to the demand for public school
131 facilities to be created by actual development of the property,
132 including, but not limited to, the options described in sub
133 subparagraph a. Options for proportionate-share mitigation of
134 impacts on public school facilities must be established in the
135 comprehensive plan and the interlocal agreement pursuant to s.
136 163.31777.
137 a. Appropriate mitigation options include the contribution
138 of land; the construction, expansion, or payment for land
139 acquisition or construction of a public school facility; the
140 construction of a charter school that complies with the
141 requirements of s. 1002.33(18); or the creation of mitigation
142 banking based on the construction of a public school facility in
143 exchange for the right to sell capacity credits. Such options
144 must include execution by the applicant and the local government
145 of a development agreement that constitutes a legally binding
146 commitment to pay proportionate-share mitigation for the
147 additional residential units approved by the local government in
148 a development order and actually developed on the property,
149 taking into account residential density allowed on the property
150 prior to the plan amendment that increased the overall
151 residential density. The district school board must be a party
152 to such an agreement. As a condition of its entry into such a
153 development agreement, the local government may require the
154 landowner to agree to continuing renewal of the agreement upon
155 its expiration.
156 b. If the interlocal agreement and the local government
157 comprehensive plan authorize a contribution of land; the
158 construction, expansion, or payment for land acquisition; the
159 construction or expansion of a public school facility, or a
160 portion thereof; or the construction of a charter school that
161 complies with the requirements of s. 1002.33(18), as
162 proportionate-share mitigation, the local government shall
163 credit such a contribution, construction, expansion, or payment
164 toward any other impact fee or exaction imposed by local
165 ordinance for public educational facilities the same need, on a
166 dollar-for-dollar basis at fair market value. The credit must be
167 based on the total impact fee assessed and not upon the impact
168 fee for any particular type of school.
169 c. Any proportionate-share mitigation must be directed by
170 the school board toward a school capacity improvement identified
171 in the 5-year school board educational facilities plan that
172 satisfies the demands created by the development in accordance
173 with a binding developer’s agreement.
174 3. This paragraph does not limit the authority of a local
175 government to deny a development permit or its functional
176 equivalent pursuant to its home rule regulatory powers, except
177 as provided in this part.
178 Section 4. Section 163.31801, Florida Statutes, is amended
179 to read:
180 163.31801 Impact fees; short title; intent; minimum
181 requirements; audits; challenges definitions; ordinances levying
182 impact fees.—
183 (1) This section may be cited as the “Florida Impact Fee
184 Act.”
185 (2) The Legislature finds that impact fees are an important
186 source of revenue for a local government to use in funding the
187 infrastructure necessitated by new growth. The Legislature
188 further finds that impact fees are an outgrowth of the home rule
189 power of a local government to provide certain services within
190 its jurisdiction. Due to the growth of impact fee collections
191 and local governments’ reliance on impact fees, it is the intent
192 of the Legislature to ensure that, when a county or municipality
193 adopts an impact fee by ordinance or a special district adopts
194 an impact fee by resolution, the governing authority complies
195 with this section.
196 (3) At a minimum, an impact fee adopted by ordinance of a
197 county or municipality or by resolution of a special district
198 must satisfy all of the following conditions, at minimum:
199 (a) Require that The calculation of the impact fee must be
200 based on the most recent and localized data.
201 (b) The local government must provide for accounting and
202 reporting of impact fee collections and expenditures. If a local
203 governmental entity imposes an impact fee to address its
204 infrastructure needs, the entity must shall account for the
205 revenues and expenditures of such impact fee in a separate
206 accounting fund.
207 (c) Limit Administrative charges for the collection of
208 impact fees must be limited to actual costs.
209 (d) The local government must provide Require that notice
210 not be provided no less than 90 days before the effective date
211 of an ordinance or resolution imposing a new or increased impact
212 fee. A county or municipality is not required to wait 90 days to
213 decrease, suspend, or eliminate an impact fee.
214 (e) Collection of the impact fee may not be required to
215 occur earlier than the date of issuance of the building permit
216 for the property that is subject to the fee.
217 (f) The impact fee must be proportional and reasonably
218 connected to, or have a rational nexus with, the need for
219 additional capital facilities and the increased impact generated
220 by the new residential or commercial construction.
221 (g) The impact fee must be proportional and reasonably
222 connected to, or have a rational nexus with, the expenditures of
223 the funds collected and the benefits accruing to the new
224 residential or nonresidential construction.
225 (h) The local government must specifically earmark funds
226 collected under the impact fee for use in acquiring,
227 constructing, or improving capital facilities to benefit new
228 users.
229 (i) Revenues generated by the impact fee may not be used,
230 in whole or in part, to pay existing debt or for previously
231 approved projects unless the expenditure is reasonably connected
232 to, or has a rational nexus with, the increased impact generated
233 by the new residential or nonresidential construction.
234 (j) The local government must credit against the collection
235 of the impact fee any contributions related to public
236 educational facilities, including, but not limited to, land
237 dedication, site planning and design, and construction, whether
238 provided in a proportionate share agreement or any other form of
239 exaction. Any such contributions must be applied to reduce
240 impact fees on a dollar-for-dollar basis at fair market value.
241 (4) If the holder of impact fee or mobility fee credits
242 granted by a local government, whether granted under this
243 section, s. 380.06, or otherwise, uses such credits in lieu of
244 the actual payment of an impact fee or mobility fee and the
245 impact fee or mobility fee is greater than the rate that was in
246 effect when such credits were first established, the holder of
247 those credits must, whenever they are utilized, receive the full
248 value of the credits as of the date on which they were first
249 established based on the impact fee or mobility fee rate that
250 was in effect on such date.
251 (5)(4) Audits of financial statements of local governmental
252 entities and district school boards which are performed by a
253 certified public accountant pursuant to s. 218.39 and submitted
254 to the Auditor General must include an affidavit signed by the
255 chief financial officer of the local governmental entity or
256 district school board stating that the local governmental entity
257 or district school board has complied with this section.
258 (6)(5) In any action challenging an impact fee or the
259 government’s failure to provide required dollar-for-dollar
260 credits for the payment of impact fees as provided in s.
261 163.3180(6)(h)2.b, the government has the burden of proving by a
262 preponderance of the evidence that the imposition or amount of
263 the fee or credit meets the requirements of state legal
264 precedent or and this section. The court may not use a
265 deferential standard for the benefit of the government.
266 (7) This section applies to mobility fees adopted pursuant
267 to s. 163.3180(5)(i).
268 (8) A county, municipality, or special district may provide
269 an exception or waiver for an impact fee for the development or
270 construction of housing that is affordable, as defined in s.
271 420.9071. If a county, municipality, or special district
272 provides such an exception or waiver, it is not required to use
273 any revenues to offset the impact.
274 Section 5. Section 166.033, Florida Statutes, is amended to
275 read:
276 166.033 Development permits and orders.—
277 (1) Within 30 days after receiving an application for
278 approval of a development permit or development order, a
279 municipality must review the application for completeness and
280 issue a letter indicating that all required information is
281 submitted or specifying with particularity any areas that are
282 deficient. If deficient, the applicant has 30 days to address
283 the deficiencies by submitting the required additional
284 information. Within 90 days of the initial submission, if
285 complete, or the supplemental submission, whichever is later,
286 the municipality must approve, approve with conditions, or deny
287 the application for a development permit or development order.
288 The time periods contained in this subsection may be waived in
289 writing by the applicant. An approval, approval with conditions,
290 or denial of the application for a development permit or
291 development order must include written findings supporting the
292 county’s decision.
293 (2)(1) When reviewing an application for a development
294 permit or development order that is certified by a professional
295 listed in s. 403.0877, a municipality may not request additional
296 information from the applicant more than three times, unless the
297 applicant waives the limitation in writing. Before a third
298 request for additional information, the applicant must be
299 offered a meeting to attempt to resolve outstanding issues.
300 Except as provided in subsection (5)(4), if the applicant
301 believes the request for additional information is not
302 authorized by ordinance, rule, statute, or other legal
303 authority, the municipality, at the applicant’s request, shall
304 proceed to process the application for approval or denial.
305 (3)(2) When a municipality denies an application for a
306 development permit or development order, the municipality shall
307 give written notice to the applicant. The notice must include a
308 citation to the applicable portions of an ordinance, rule,
309 statute, or other legal authority for the denial of the permit
310 or order.
311 (4)(3) As used in this section, the terms term “development
312 permit” and “development order” have has the same meaning as in
313 s. 163.3164, but do does not include building permits.
314 (5)(4) For any development permit application filed with
315 the municipality after July 1, 2012, a municipality may not
316 require as a condition of processing or issuing a development
317 permit or development order that an applicant obtain a permit or
318 approval from any state or federal agency unless the agency has
319 issued a final agency action that denies the federal or state
320 permit before the municipal action on the local development
321 permit.
322 (6)(5) Issuance of a development permit or development
323 order by a municipality does not in any way create any right on
324 the part of an applicant to obtain a permit from a state or
325 federal agency and does not create any liability on the part of
326 the municipality for issuance of the permit if the applicant
327 fails to obtain requisite approvals or fulfill the obligations
328 imposed by a state or federal agency or undertakes actions that
329 result in a violation of state or federal law. A municipality
330 shall attach such a disclaimer to the issuance of development
331 permits and shall include a permit condition that all other
332 applicable state or federal permits be obtained before
333 commencement of the development.
334 (7)(6) This section does not prohibit a municipality from
335 providing information to an applicant regarding what other state
336 or federal permits may apply.
337 Section 6. Section 166.04151, Florida Statutes, is amended
338 to read:
339 166.04151 Affordable housing.—
340 (1) Notwithstanding any other provision of law, a
341 municipality may adopt and maintain in effect any law,
342 ordinance, rule, or other measure that is adopted for the
343 purpose of increasing the supply of affordable housing using
344 land use mechanisms such as inclusionary housing ordinances. A
345 municipality may not, however, adopt or impose a requirement in
346 any form, including, without limitation, by way of a
347 comprehensive plan amendment, ordinance, or land development
348 regulation or as a condition of a development order or
349 development permit, which has any of the following effects:
350 (a) Mandating or establishing a maximum sales price or
351 lease rental for privately produced dwelling units.
352 (b) Requiring the allocation or designation, whether
353 directly or indirectly, of privately produced dwelling units for
354 sale or rental to any particular class or group of purchasers or
355 tenants.
356 (c) Requiring the provision of any on-site or off-site
357 workforce or affordable housing units or a contribution of land
358 or money for such housing, including, but not limited to, the
359 payment of any flat or percentage-based fee whether calculated
360 on the basis of the number of approved dwelling units, the
361 amount of approved square footage, or otherwise.
362 (2) This section does not limit the authority of a
363 municipality to create or implement a voluntary density bonus
364 program or any other voluntary incentive-based program designed
365 to increase the supply of workforce or affordable housing units.
366 Section 7. Subsection (24) of section 494.001, Florida
367 Statues, is amended to read:
368 494.001 Definitions.—As used in this chapter, the term:
369 (24) “Mortgage loan” means any:
370 (a) Residential loan that primarily for personal, family,
371 or household use which is secured by a mortgage, deed of trust,
372 or other equivalent consensual security interest on a dwelling,
373 as defined in s. 103(w) s. 103(v) of the federal Truth in
374 Lending Act, or for the purchase of residential real estate upon
375 which a dwelling is to be constructed;
376 (b) Loan on commercial real property if the borrower is an
377 individual or the lender is a noninstitutional investor; or
378 (c) Loan on improved real property consisting of five or
379 more dwelling units if the borrower is an individual or the
380 lender is a noninstitutional investor.
381 Section 8. This act shall take effect upon becoming a law.
382
383 ================= T I T L E A M E N D M E N T ================
384 And the title is amended as follows:
385 Delete everything before the enacting clause
386 and insert:
387 A bill to be entitled
388 An act relating to community development and housing;
389 amending s. 125.01055, F.S.; prohibiting a county from
390 adopting or imposing a requirement in any form
391 relating to affordable housing which has specified
392 effects; providing construction; amending s. 125.022,
393 F.S.; requiring that a county review the application
394 for completeness and issue a certain letter within a
395 specified period after receiving an application for
396 approval of a development permit or development order;
397 providing procedures for addressing deficiencies in,
398 and for approving or denying, the application;
399 conforming provisions to changes made by the act;
400 defining the term “development order”; amending s.
401 163.3180, F.S.; requiring a local government to credit
402 certain contributions, constructions, expansions, or
403 payments toward any other impact fee or exaction
404 imposed by local ordinance for public educational
405 facilities; providing requirements for the basis of
406 the credit; amending s. 163.31801, F.S.; adding
407 minimum conditions that certain impact fees must
408 satisfy; requiring that, under certain circumstances,
409 a holder of certain impact fee or mobility fee credits
410 receive the full value of the credits as of the date
411 they were first established based on the impact fee or
412 mobility fee rate that was in effect on such date;
413 providing that the government, in certain actions, has
414 the burden of proving by a preponderance of the
415 evidence that the imposition or amount of impact fees
416 or required dollar-for-dollar credits for the payment
417 of impact fees meets certain requirements; prohibiting
418 the court from using a deferential standard for the
419 benefit of the government; providing applicability;
420 authorizing a county, municipality, or special
421 district to provide an exception or waiver for an
422 impact fee for the development or construction of
423 housing that is affordable; providing that if a
424 county, municipality, or special district provides
425 such an exception or waiver, it is not required to use
426 any revenues to offset the impact; amending s.
427 166.033, F.S.; requiring that a municipality review
428 the application for completeness and issue a certain
429 letter within a specified period after receiving an
430 application for approval of a development permit or
431 development order; providing procedures for addressing
432 deficiencies in, and for approving or denying, the
433 application; conforming provisions to changes made by
434 the act; defining the term “development order”;
435 amending s. 166.04151, F.S.; prohibiting a
436 municipality from adopting or imposing a requirement
437 in any form relating to affordable housing which has
438 specified effects; providing construction; amending s.
439 494.001, F.S.; revising the definition of the term
440 “mortgage loan”; providing an effective date.