Senate Bill 1458c1

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    Florida Senate - 1998                           CS for SB 1458

    By the Committee on Community Affairs and Senators Latvala,
    Burt and Bankhead




    316-1850-98

  1                      A bill to be entitled

  2         An act relating to coastal redevelopment;

  3         amending s. 163.335, F.S.; providing

  4         legislative intent for the scope of activities

  5         included in community redevelopment; amending

  6         s. 163.340, F.S.; redefining the terms

  7         "blighted area," "community redevelopment," and

  8         "community redevelopment area"; creating s.

  9         163.336, F.S.; providing legislative intent;

10         providing for the geographical location of a

11         pilot project; providing for pilot project

12         administration; providing exemptions to certain

13         coastal construction requirements; providing

14         for the scheduled expiration of these

15         provisions; providing an effective date.

16

17  Be It Enacted by the Legislature of the State of Florida:

18

19         Section 1.  Section 163.335, Florida Statutes, is

20  amended to read:

21         163.335  Findings and declarations of necessity.--

22         (1)  It is hereby found and declared that there exist

23  in counties and municipalities of the state slum and blighted

24  areas which constitute a serious and growing menace, injurious

25  to the public health, safety, morals, and welfare of the

26  residents of the state; that the existence of such areas

27  contributes substantially and increasingly to the spread of

28  disease and crime, constitutes an economic and social

29  liability imposing onerous burdens which decrease the tax base

30  and reduce tax revenues, substantially impairs or arrests

31  sound growth, retards the provision of housing accommodations,

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    Florida Senate - 1998                           CS for SB 1458
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  1  aggravates traffic problems, and substantially hampers the

  2  elimination of traffic hazards and the improvement of traffic

  3  facilities; and that the prevention and elimination of slums

  4  and blight is a matter of state policy and state concern in

  5  order that the state and its counties and municipalities shall

  6  not continue to be endangered by areas which are focal centers

  7  of disease, promote juvenile delinquency, and consume an

  8  excessive proportion of its revenues because of the extra

  9  services required for police, fire, accident, hospitalization,

10  and other forms of public protection, services, and

11  facilities.

12         (2)  It is further found and declared that certain slum

13  or blighted areas, or portions thereof, may require

14  acquisition, clearance, and disposition subject to use

15  restrictions, as provided in this part, since the prevailing

16  condition of decay may make impracticable the reclamation of

17  the area by conservation or rehabilitation; that other areas

18  or portions thereof may, through the means provided in this

19  part, be susceptible of conservation or rehabilitation in such

20  a manner that the conditions and evils enumerated may be

21  eliminated, remedied, or prevented; and that salvageable slum

22  and blighted areas can be conserved and rehabilitated through

23  appropriate public action as herein authorized and the

24  cooperation and voluntary action of the owners and tenants of

25  property in such areas.

26         (3)  It is further found and declared that the powers

27  conferred by this part are for public uses and purposes for

28  which public money may be expended and the power of eminent

29  domain and police power exercised, and the necessity in the

30  public interest for the provisions herein enacted is hereby

31  declared as a matter of legislative determination.

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    Florida Senate - 1998                           CS for SB 1458
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  1         (4)  It is further found that coastal resort and

  2  tourist areas or portions thereof which are deteriorating and

  3  economically underutilized due to building density patterns,

  4  inadequate transportation and parking facilities, faulty lot

  5  layout, or inadequate street layout, could, through the means

  6  provided in this part, be revitalized and redeveloped in a

  7  manner that will vastly improve the economic and social

  8  conditions of the community.

  9         (5)(4)  It is further found and declared that the

10  preservation or enhancement of the tax base from which a

11  taxing authority realizes tax revenues is essential to its

12  existence and financial health; that the preservation and

13  enhancement of such tax base is implicit in the purposes for

14  which a taxing authority is established; that tax increment

15  financing is an effective method of achieving such

16  preservation and enhancement in areas in which such tax base

17  is declining; that community redevelopment in such areas, when

18  complete, will enhance such tax base and provide increased tax

19  revenues to all affected taxing authorities, increasing their

20  ability to accomplish their other respective purposes; and

21  that the preservation and enhancement of the tax base in such

22  areas through tax increment financing and the levying of taxes

23  by such taxing authorities therefor and the appropriation of

24  funds to a redevelopment trust fund bears a substantial

25  relation to the purposes of such taxing authorities and is for

26  their respective purposes and concerns.  This subsection does

27  not apply in any jurisdiction where the community

28  redevelopment agency validated bonds as of April 30, 1984.

29         (6)(5)  It is further found and declared that there

30  exists in counties and municipalities of the state a severe

31  shortage of housing affordable to residents of low or moderate

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    Florida Senate - 1998                           CS for SB 1458
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  1  income, including the elderly; that the existence of such

  2  condition affects the health, safety, and welfare of the

  3  residents of such counties and municipalities and retards

  4  their growth and economic and social development; and that the

  5  elimination or improvement of such condition is a proper

  6  matter of state policy and state concern and is for a valid

  7  and desirable public purpose.

  8         Section 2.  Subsections (8), (9), and (10) of section

  9  163.340, Florida Statutes, are amended to read:

10         163.340  Definitions.--The following terms, wherever

11  used or referred to in this part, have the following meanings:

12         (8)  "Blighted area" means either:

13         (a)  An area in which there are a substantial number of

14  slum, deteriorated, or deteriorating structures and conditions

15  that lead to economic underutilization or which endanger life

16  or property by fire or other causes or one or more of the

17  following factors that which substantially impairs or arrests

18  the sound growth of a county or municipality and is a menace

19  to the public health, safety, morals, or welfare in its

20  present condition and use:

21         1.  Predominance of defective or inadequate street

22  layout;

23         2.  Faulty lot layout in relation to size, adequacy,

24  accessibility, or usefulness;

25         3.  Unsanitary or unsafe conditions;

26         4.  Deterioration of site or other improvements;

27         5.  Inadequate and outdated building density patterns;

28         6.5.  Tax or special assessment delinquency exceeding

29  the fair value of the land; and

30         7.  Inadequate transportation and parking facilities;

31  and

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    Florida Senate - 1998                           CS for SB 1458
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  1         8.6.  Diversity of ownership or defective or unusual

  2  conditions of title which prevent the free alienability of

  3  land within the deteriorated or hazardous area; or

  4         (b)  An area in which there exists faulty or inadequate

  5  street layout; inadequate parking facilities; or roadways,

  6  bridges, or public transportation facilities incapable of

  7  handling the volume of traffic flow into or through the area,

  8  either at present or following proposed construction.

  9

10  However, for purposes of qualifying for the tax credits

11  authorized in chapter 220, "blighted area" means an area

12  described in paragraph (a).

13         (9)  "Community redevelopment" or "redevelopment" means

14  undertakings, activities, or projects of a county,

15  municipality, or community redevelopment agency in a community

16  redevelopment area for the elimination and prevention of the

17  development or spread of slums and blight or for the provision

18  of affordable housing, whether for rent or for sale, to

19  residents of low or moderate income, including the elderly,

20  and may include slum clearance and redevelopment in a

21  community redevelopment area or rehabilitation and

22  revitalization of coastal resort and tourist areas that are

23  deteriorating and economically underutilized, or

24  rehabilitation or conservation in a community redevelopment

25  area, or any combination or part thereof, in accordance with a

26  community redevelopment plan and may include the preparation

27  of such a plan.

28         (10)  "Community redevelopment area" means a slum area,

29  a blighted area, or an area in which there is a shortage of

30  housing that is affordable to residents of low or moderate

31  income, including the elderly, or a coastal and tourist area

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    Florida Senate - 1998                           CS for SB 1458
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  1  that is deteriorating and economically underutilized due to

  2  outdated building density patterns, inadequate transportation

  3  and parking facilities, faulty lot layout or inadequate street

  4  layout, or a combination thereof which the governing body

  5  designates as appropriate for community redevelopment.

  6         Section 3.  Section 163.336, Florida Statutes, is

  7  created to read:

  8         163.336  Coastal resort area redevelopment pilot

  9  project.--

10         (1)  LEGISLATIVE INTENT.--

11         (a)  The Legislature recognizes that some coastal

12  resort and tourist areas are deteriorating and declining as

13  recreation and tourist centers. It is appropriate to undertake

14  a pilot project to determine the feasibility of encouraging

15  redevelopment of economically underutilized coastal properties

16  to allow full utilization of existing urban infrastructure

17  such as roads and utility lines. Such activities can have a

18  beneficial impact on local and state economies and provide job

19  opportunities and revitalization of urban areas.

20         (b)  The Department of Environmental Protection shall

21  administer a pilot project for redevelopment of economically

22  distressed coastal resort and tourist areas. Such a pilot

23  project shall be administered in the coastal areas of

24  Florida's Atlantic Coast between the St. Johns River entrance

25  and Ponce de Leon Inlet.

26         (2)  PILOT PROJECT ADMINISTRATION.--

27         (a)  To be eligible to participate in this pilot

28  project, all or a portion of the area must be within:

29         1.  The coastal building zone as defined in s. 161.54;

30  and

31

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    Florida Senate - 1998                           CS for SB 1458
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  1         2.  A community redevelopment area, enterprise zone,

  2  brownfield area, empowerment zone, or other such economically

  3  deprived areas as designated by the county or municipality

  4  with jurisdiction over the area.

  5         (b)  Local governments are encouraged to use the full

  6  range of economic and tax incentives available to facilitate

  7  and promote redevelopment and revitalization within the pilot

  8  project areas.

  9         (c)  The Office of the Governor, Department of

10  Environmental Protection, and the Department of Community

11  Affairs are directed to provide technical assistance to

12  expedite permitting for redevelopment projects and

13  construction activities within the pilot project areas. Where

14  appropriate, the provisions of s. 403.973 should be followed

15  to expedite the permitting process.

16         (d)  The Department of Environmental Protection shall

17  exempt construction activities within the pilot project area

18  in locations seaward of a coastal construction control line

19  and landward of existing armoring from certain siting and

20  design criteria pursuant to s. 161.053. However, such

21  exemption shall not be deemed to exempt property within the

22  pilot project area from applicable local land development

23  regulations, including but not limited to, set back, side lot

24  line, and lot coverage requirements. Such exemption shall

25  apply to construction and redevelopment of structures

26  involving the coverage, excavation, and impervious surface

27  criteria of s. 161.053, and related adopted rules, as follows:

28         1.  This review by the department of applications for

29  permits for coastal construction within the pilot project area

30  must apply to construction and redevelopment of structures

31  subject to the coverage, excavation, and impervious surface

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    Florida Senate - 1998                           CS for SB 1458
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  1  criteria of s. 161.053, and related adopted rules. It is the

  2  intent of these provisions that the pilot project area be

  3  enabled to redevelop in a manner which meets the economic

  4  needs of the area while preserving public safety and existing

  5  resources, including natural resources.

  6         2.  The criteria for review under s. 161.053 is

  7  applicable within the pilot project area, except that the

  8  structures are allowed to exceed 60-percent shore parallel

  9  coverage and 50-percent impervious surface. Structures are

10  also not bound by the restrictions on excavation unless the

11  construction will adversely affect the integrity of the

12  existing seawall or rigid coastal armoring structure or

13  stability of the existing beach and dune system. It is

14  specifically contemplated that underground structures,

15  including garages, will be permitted. All beach-compatible

16  material excavated under this subparagraph must be maintained

17  on site seaward of the coastal construction control line.

18         3.  The review criteria in subparagraph 2. will apply

19  to all construction within the pilot project area lying

20  seaward of the coastal construction control line and landward

21  of an existing viable seawall or rigid coastal armoring

22  structure, if such construction is fronted by a seawall or

23  rigid coastal armoring structure extending at least 1,000 feet

24  without any interruptions other than beach access points. For

25  purposes of this section, a viable seawall or rigid coastal

26  armoring structure is a structure that has not deteriorated,

27  dilapidated, or been damaged to such a degree that it no

28  longer provides adequate protection to the upland property

29  when considering the following criteria, including, but not

30  limited to:

31

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    Florida Senate - 1998                           CS for SB 1458
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  1         a.  The top must be at or above the still-water level,

  2  including setup, for the design storm of 30-year return storm

  3  plus the breaking wave calculated at its highest achievable

  4  level based on the maximum eroded beach profile and highest

  5  surge level combination, and must be high enough to preclude

  6  runup overtopping;

  7         b.  The armoring must be stable under the design storm

  8  of 30-year return storm including maximum localized scour,

  9  with adequate penetration; and

10         c.  The armoring must have sufficient continuity or

11  return walls to prevent flooding under the design storm of

12  30-year return storm from impacting the proposed construction.

13         4.  Where there exists a continuous line of rigid

14  coastal armoring structure on either side of unarmored

15  property and the adjacent line of rigid coastal armoring

16  structures are having an adverse effect on or threaten the

17  unarmored property, and the gap does not exceed 100 feet, the

18  department may grant the necessary permits under s. 161.085 to

19  close the gap.

20         5.  Where there exists a continuous line of viable

21  rigid coastal armoring structure on either side of nonviable

22  rigid coastal armoring structure, the department shall grant

23  the necessary permits under s. 161.085 to replace such

24  nonviable rigid coastal armoring structure with a viable rigid

25  coastal armoring structure as defined in this section.

26         (3)  PILOT PROJECT EXPIRATION.--The authorization for

27  the pilot project and the provisions of this section expire

28  December 31, 2002. The Legislature shall review these

29  requirements before their scheduled expiration.

30         Section 4.  This act shall take effect upon becoming a

31  law.

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    Florida Senate - 1998                           CS for SB 1458
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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 1458

  3

  4  Deletes a requirement that the pilot project administered by
    DEP "facilitate and demonstrate techniques" for redevelopment.
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    Limits to 100 feet the extent of unarmored property which may
  6  be armored if adjacent armorings threaten said property.

  7  Requires the DEP to issue permits to replace non-viable
    armorings in certain circumstances.
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