Florida Senate - 2020 SENATOR AMENDMENT
Bill No. CS/CS/CS/HB 1339, 2nd Eng.
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LEGISLATIVE ACTION
Senate . House
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Floor: WD/2R .
03/10/2020 03:04 PM .
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Senator Brandes moved the following:
1 Senate Amendment to Amendment (105450) (with title
2 amendment)
3
4 Delete lines 5 - 158
5 and insert:
6 Section 1. Section 125.01055, Florida Statutes, is amended
7 to read:
8 125.01055 Affordable housing.—
9 (1) Notwithstanding any other provision of law, a county
10 may adopt and maintain in effect any law, ordinance, rule, or
11 other measure that is adopted for the purpose of increasing the
12 supply of affordable housing using land use mechanisms such as
13 inclusionary housing or linkage fee ordinances.
14 (2) An inclusionary housing ordinance may require a
15 developer to provide a specified number or percentage of
16 affordable housing units to be included in a development or
17 allow a developer to contribute to a housing fund or other
18 alternatives in lieu of building the affordable housing units.
19 (3) An affordable housing linkage fee ordinance may require
20 the payment of a flat or percentage-based fee, whether
21 calculated on the basis of the number of approved dwelling
22 units, the amount of approved square footage, or otherwise.
23 (4) However, In exchange for a developer fulfilling the
24 requirements of subsection (2) or, for residential or mixed-use
25 residential development, the requirements of subsection (3), a
26 county must provide incentives to fully offset all costs to the
27 developer of its affordable housing contribution or linkage fee.
28 Such incentives may include, but are not limited to:
29 (a) Allowing the developer density or intensity bonus
30 incentives or more floor space than allowed under the current or
31 proposed future land use designation or zoning;
32 (b) Reducing or waiving fees, such as impact fees or water
33 and sewer charges; or
34 (c) Granting other incentives.
35 (5)(3) Subsection (2) does not apply in an area of critical
36 state concern, as designated in s. 380.0552.
37 (6) Notwithstanding any other law or local ordinance or
38 regulation to the contrary, the board of county commissioners
39 may approve the development of housing that is affordable, as
40 defined in s. 420.0004, on any parcel zoned for residential,
41 commercial, or industrial use.
42 Section 2. Paragraph (d) of subsection (3) of section
43 129.03, Florida Statutes, is amended to read:
44 129.03 Preparation and adoption of budget.—
45 (3) The county budget officer, after tentatively
46 ascertaining the proposed fiscal policies of the board for the
47 next fiscal year, shall prepare and present to the board a
48 tentative budget for the next fiscal year for each of the funds
49 provided in this chapter, including all estimated receipts,
50 taxes to be levied, and balances expected to be brought forward
51 and all estimated expenditures, reserves, and balances to be
52 carried over at the end of the year.
53 (d) By October 15, 2019, and each October 15 annually
54 thereafter, the county budget officer shall electronically
55 submit the following information regarding the final budget and
56 the county’s economic status to the Office of Economic and
57 Demographic Research in the format specified by the office:
58 1. Government spending per resident, including, at a
59 minimum, the spending per resident for the previous 5 fiscal
60 years.
61 2. Government debt per resident, including, at a minimum,
62 the debt per resident for the previous 5 fiscal years.
63 3. Median income within the county.
64 4. The average county employee salary.
65 5. Percent of budget spent on salaries and benefits for
66 county employees.
67 6. Number of special taxing districts, wholly or partially,
68 within the county.
69 7. Annual county expenditures providing for the financing,
70 acquisition, construction, reconstruction, or rehabilitation of
71 housing that is affordable, as that term is defined in s.
72 420.0004. The reported expenditures must indicate the source of
73 such funds as “federal,” “state,” “local,” or “other,” as
74 applicable. The information required by this subparagraph must
75 be included in the submission due by October 15, 2020, and each
76 annual submission thereafter.
77 Section 3. Subsections (3) and (4) of section 163.31771,
78 Florida Statutes, are amended to read:
79 163.31771 Accessory dwelling units.—
80 (3) A Upon a finding by a local government that there is a
81 shortage of affordable rentals within its jurisdiction, the
82 local government may adopt an ordinance to allow accessory
83 dwelling units in any area zoned for single-family residential
84 use.
85 (4) If the local government adopts an ordinance under this
86 section, An application for a building permit to construct an
87 accessory dwelling unit must include an affidavit from the
88 applicant which attests that the unit will be rented at an
89 affordable rate to an extremely-low-income, very-low-income,
90 low-income, or moderate-income person or persons.
91 Section 4. Subsection (10) is added to section 163.31801,
92 Florida Statutes, to read:
93 163.31801 Impact fees; short title; intent; minimum
94 requirements; audits; challenges.—
95 (10) In addition to the items that must be reported in the
96 annual financial reports under s. 218.32, a county,
97 municipality, or special district must report all of the
98 following data on all impact fees charged:
99 (a) The specific purpose of the impact fee, including the
100 specific infrastructure needs to be met, including, but not
101 limited to, transportation, parks, water, sewer, and schools.
102 (b) The impact fee schedule policy describing the method of
103 calculating impact fees, such as flat fees, tiered scales based
104 on number of bedrooms, or tiered scales based on square footage.
105 (c) The amount assessed for each purpose and for each type
106 of dwelling.
107 (d) The total amount of impact fees charged by type of
108 dwelling.
109 (e) Each exception and waiver provided for construction or
110 development of housing that is affordable.
111 Section 5. Section 166.04151, Florida Statutes, is amended
112 to read:
113 166.04151 Affordable housing.—
114 (1) Notwithstanding any other provision of law, a
115 municipality may adopt and maintain in effect any law,
116 ordinance, rule, or other measure that is adopted for the
117 purpose of increasing the supply of affordable housing using
118 land use mechanisms such as inclusionary housing or linkage fee
119 ordinances.
120 (2) An inclusionary housing ordinance may require a
121 developer to provide a specified number or percentage of
122 affordable housing units to be included in a development or
123 allow a developer to contribute to a housing fund or other
124 alternatives in lieu of building the affordable housing units.
125 (3) An affordable housing linkage fee ordinance may require
126 the payment of a flat or percentage-based fee, whether
127 calculated on the basis of the number of approved dwelling
128 units, the amount of approved square footage, or otherwise.
129 (4) However, In exchange for a developer fulfilling the
130 requirements of subsection (2) or, for residential or mixed-use
131 residential development, the requirements of subsection (3), a
132 municipality must provide incentives to fully offset all costs
133 to the developer of its affordable housing contribution or
134 linkage fee. Such incentives may include, but are not limited
135 to:
136 (a) Allowing the developer density or intensity bonus
137 incentives or more floor space than allowed under the current or
138 proposed future land use designation or zoning;
139 (b) Reducing or waiving fees, such as impact fees or water
140 and sewer charges; or
141 (c) Granting other incentives.
142 (5)(3) Subsection (2) does not apply in an area of critical
143 state concern, as designated by s. 380.0552 or chapter 28-36,
144 Florida Administrative Code.
145 (6) Notwithstanding any other law or local ordinance or
146
147 ================= T I T L E A M E N D M E N T ================
148 And the title is amended as follows:
149 Delete lines 1694 - 1716
150 and insert:
151 125.01055, F.S.; adding linkage fee ordinances as land
152 use mechanisms that counties are authorized to adopt
153 and maintain; providing that affordable housing
154 linkage fee ordinances may require the payment of
155 certain fees; authorizing a board of county
156 commissioners to approve development of affordable
157 housing on any parcel zoned for residential,
158 commercial, or industrial use; amending s. 129.03,
159 F.S.; revising the information required to be annually
160 submitted by county budget officers to the Office of
161 Economic and Demographic Research; requiring certain
162 information to be included beginning in a specified
163 submission; amending s. 163.31771, F.S.; revising
164 conditions under which local governments are
165 authorized to adopt ordinances that allow accessory
166 dwelling units in any area zoned for single-family
167 residential use; amending s. 163.31801, F.S.;
168 requiring counties, municipalities, and special
169 districts to include certain data relating to impact
170 fees in their annual financial reports; amending s.
171 166.04151, F.S.; adding linkage fee ordinances as land
172 use mechanisms that municipalities are authorized to
173 adopt and maintain; providing that affordable housing
174 linkage fee ordinances may require the payment of
175 certain fees; authorizing governing bodies of