Florida Senate - 2023                          SENATOR AMENDMENT
       Bill No. CS for SB 102
       
       
       
       
       
       
                                Ì887768lÎ887768                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 2/AD/2R         .                                
             03/08/2023 05:00 PM       .                                
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       Senator Calatayud moved the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 328 - 475
    4  and insert:
    5  residential as allowable uses in any area zoned for commercial,
    6  industrial, or mixed use if at least 40 percent of the
    7  residential units in a proposed multifamily rental development
    8  are, for a period of at least 30 years, affordable as defined in
    9  s. 420.0004. Notwithstanding any other law, local ordinance, or
   10  regulation to the contrary, a county may not require a proposed
   11  multifamily development to obtain a zoning or land use change,
   12  special exception, conditional use approval, variance, or
   13  comprehensive plan amendment for the building height, zoning,
   14  and densities authorized under this subsection. For mixed-use
   15  residential projects, at least 65 percent of the total square
   16  footage must be used for residential purposes.
   17         (b)A county may not restrict the density of a proposed
   18  development authorized under this subsection below the highest
   19  allowed density on any unincorporated land in the county where
   20  residential development is allowed.
   21         (c)A county may not restrict the height of a proposed
   22  development authorized under this subsection below the highest
   23  currently allowed height for a commercial or residential
   24  development located in its jurisdiction within 1 mile of the
   25  proposed development or 3 stories, whichever is higher.
   26         (d)A proposed development authorized under this subsection
   27  must be administratively approved and no further action by the
   28  board of county commissioners is required if the development
   29  satisfies the county’s land development regulations for
   30  multifamily developments in areas zoned for such use and is
   31  otherwise consistent with the comprehensive plan, with the
   32  exception of provisions establishing allowable densities,
   33  height, and land use. Such land development regulations include,
   34  but are not limited to, regulations relating to setbacks and
   35  parking requirements.
   36         (e)A county must consider reducing parking requirements
   37  for a proposed development authorized under this subsection if
   38  the development is located within one-half mile of a major
   39  transit stop, as defined in the county’s land development code,
   40  and the major transit stop is accessible from the development.
   41         (f)For proposed multifamily developments in an
   42  unincorporated area zoned for commercial or industrial use which
   43  is within the boundaries of a multicounty independent special
   44  district that was created to provide municipal services and is
   45  not authorized to levy ad valorem taxes, and less than 20
   46  percent of the land area within such district is designated for
   47  commercial or industrial use, a county must authorize, as
   48  provided in this subsection, such development only if the
   49  development is mixed-use residential.
   50         (g)Except as otherwise provided in this subsection, a
   51  development authorized under this subsection must comply with
   52  all applicable state and local laws and regulations.
   53         (h) This subsection does not apply to property defined as
   54  recreational and commercial working waterfront in s.
   55  342.201(2)(b) in any area zoned as industrial.
   56         (i)This subsection expires October 1, 2033.
   57         Section 4. Section 125.379, Florida Statutes, is amended to
   58  read:
   59         125.379 Disposition of county property for affordable
   60  housing.—
   61         (1) By October 1, 2023 July 1, 2007, and every 3 years
   62  thereafter, each county shall prepare an inventory list of all
   63  real property within its jurisdiction to which the county or any
   64  dependent special district within its boundaries holds fee
   65  simple title which that is appropriate for use as affordable
   66  housing. The inventory list must include the address and legal
   67  description of each such real property and specify whether the
   68  property is vacant or improved. The governing body of the county
   69  must review the inventory list at a public hearing and may
   70  revise it at the conclusion of the public hearing. The governing
   71  body of the county shall adopt a resolution that includes an
   72  inventory list of such property following the public hearing.
   73  Each county shall make the inventory list publicly available on
   74  its website to encourage potential development.
   75         (2) The properties identified as appropriate for use as
   76  affordable housing on the inventory list adopted by the county
   77  may be used for affordable housing through a long-term land
   78  lease requiring the development and maintenance of affordable
   79  housing, offered for sale and the proceeds used to purchase land
   80  for the development of affordable housing or to increase the
   81  local government fund earmarked for affordable housing, or may
   82  be sold with a restriction that requires the development of the
   83  property as permanent affordable housing, or may be donated to a
   84  nonprofit housing organization for the construction of permanent
   85  affordable housing. Alternatively, the county or special
   86  district may otherwise make the property available for use for
   87  the production and preservation of permanent affordable housing.
   88  For purposes of this section, the term “affordable” has the same
   89  meaning as in s. 420.0004(3).
   90         (3) Counties are encouraged to adopt best practices for
   91  surplus land programs, including, but not limited to:
   92         (a)Establishing eligibility criteria for the receipt or
   93  purchase of surplus land by developers;
   94         (b)Making the process for requesting surplus lands
   95  publicly available; and
   96         (c)Ensuring long-term affordability through ground leases
   97  by retaining the right of first refusal to purchase property
   98  that would be sold or offered at market rate and by requiring
   99  reversion of property not used for affordable housing within a
  100  certain timeframe.
  101         Section 5. Subsections (5) and (6) of section 166.04151,
  102  Florida Statutes, are amended, and subsection (7) is added to
  103  that section, to read:
  104         166.04151 Affordable housing.—
  105         (5) Subsection (4) (2) does not apply in an area of
  106  critical state concern, as designated by s. 380.0552 or chapter
  107  28-36, Florida Administrative Code.
  108         (6) Notwithstanding any other law or local ordinance or
  109  regulation to the contrary, the governing body of a municipality
  110  may approve the development of housing that is affordable, as
  111  defined in s. 420.0004, including, but not limited to, a mixed
  112  use residential development, on any parcel zoned for
  113  residential, commercial, or industrial use. If a parcel is zoned
  114  for commercial or industrial use, an approval pursuant to this
  115  subsection may include any residential development project,
  116  including a mixed-use residential development project, so long
  117  as at least 10 percent of the units included in the project are
  118  for housing that is affordable and the developer of the project
  119  agrees not to apply for or receive funding under s. 420.5087.
  120  The provisions of this subsection are self-executing and do not
  121  require the governing body to adopt an ordinance or a regulation
  122  before using the approval process in this subsection.
  123         (7)(a) A municipality must authorize multifamily and mixed
  124  use residential as allowable uses in any area zoned for
  125  commercial, industrial, or mixed use if at least 40 percent of
  126  the residential units in a proposed multifamily rental
  127  development are, for a period of at least 30 years, affordable
  128  as defined in s. 420.0004. Notwithstanding any other law, local
  129  ordinance, or regulation to the contrary, a municipality may not
  130  require a proposed multifamily development to obtain a zoning or
  131  land use change, special exception, conditional use approval,
  132  variance, or comprehensive plan amendment for the building
  133  height, zoning, and densities authorized under this subsection.
  134  For mixed-use residential projects, at least 65 percent of the
  135  total square footage must be used for residential purposes.
  136         (b)A municipality may not restrict the density of a
  137  proposed development authorized under this subsection below the
  138  highest allowed density on any land in the municipality where
  139  residential development is allowed.
  140         (c)A municipality may not restrict the height of a
  141  proposed development authorized under this subsection below the
  142  highest currently allowed height for a commercial or residential
  143  development located in its jurisdiction within 1 mile of the
  144  proposed development or 3 stories, whichever is higher.
  145         (d)A proposed development authorized under this subsection
  146  must be administratively approved and no further action by the
  147  governing body of the municipality is required if the
  148  development satisfies the municipality’s land development
  149  regulations for multifamily developments in areas zoned for such
  150  use and is otherwise consistent with the comprehensive plan,
  151  with the exception of provisions establishing allowable
  152  densities, height, and land use. Such land development
  153  regulations include, but are not limited to, regulations
  154  relating to setbacks and parking requirements.
  155         (e)A municipality must consider reducing parking
  156  requirements for a proposed development authorized under this
  157  subsection if the development is located within one-half mile of
  158  a major transit stop, as defined in the municipality’s land
  159  development code, and the major transit stop is accessible from
  160  the development.
  161         (f)A municipality that designates less than 20 percent of
  162  the land area within its jurisdiction for commercial or
  163  industrial use must authorize a proposed multifamily development
  164  as provided in this subsection in areas zoned for commercial or
  165  industrial use only if the proposed multifamily development is
  166  mixed-use residential.
  167         (g)Except as otherwise provided in this subsection, a
  168  development authorized under this subsection must comply with
  169  all applicable state and local laws and regulations.
  170         (h) This subsection does not apply to property defined as
  171  recreational and commercial working waterfront in s.
  172  342.201(2)(b) in any area zoned as industrial.
  173         (i)This subsection expires October 1, 2033.