Senate Bill 1458er

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  1

  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"; amending s.

  9         163.360, F.S.; requiring additional findings

10         before approval of certain community

11         redevelopment plans; creating s. 163.336, F.S.;

12         providing legislative intent; providing for the

13         geographical location of a pilot project;

14         providing for pilot project administration;

15         providing exemptions to certain coastal

16         construction requirements; providing for the

17         scheduled expiration of these provisions;

18         providing appropriations; providing an

19         effective date.

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

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23         Section 1.  Section 163.335, Florida Statutes, is

24  amended to read:

25         163.335  Findings and declarations of necessity.--

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

27  in counties and municipalities of the state slum and blighted

28  areas which constitute a serious and growing menace, injurious

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

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

31  contributes substantially and increasingly to the spread of


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  1  disease and crime, constitutes an economic and social

  2  liability imposing onerous burdens which decrease the tax base

  3  and reduce tax revenues, substantially impairs or arrests

  4  sound growth, retards the provision of housing accommodations,

  5  aggravates traffic problems, and substantially hampers the

  6  elimination of traffic hazards and the improvement of traffic

  7  facilities; and that the prevention and elimination of slums

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

  9  order that the state and its counties and municipalities shall

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

11  of disease, promote juvenile delinquency, and consume an

12  excessive proportion of its revenues because of the extra

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

14  and other forms of public protection, services, and

15  facilities.

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

17  or blighted areas, or portions thereof, may require

18  acquisition, clearance, and disposition subject to use

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

20  condition of decay may make impracticable the reclamation of

21  the area by conservation or rehabilitation; that other areas

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

23  part, be susceptible of conservation or rehabilitation in such

24  a manner that the conditions and evils enumerated may be

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

26  and blighted areas can be conserved and rehabilitated through

27  appropriate public action as herein authorized and the

28  cooperation and voluntary action of the owners and tenants of

29  property in such areas.

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

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


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

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

  3  public interest for the provisions herein enacted is hereby

  4  declared as a matter of legislative determination.

  5         (4)  It is further found that coastal resort and

  6  tourist areas or portions thereof which are deteriorating and

  7  economically distressed due to building density patterns,

  8  inadequate transportation and parking facilities, faulty lot

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

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

11  manner that will vastly improve the economic and social

12  conditions of the community.

13         (5)(4)  It is further found and declared that the

14  preservation or enhancement of the tax base from which a

15  taxing authority realizes tax revenues is essential to its

16  existence and financial health; that the preservation and

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

18  which a taxing authority is established; that tax increment

19  financing is an effective method of achieving such

20  preservation and enhancement in areas in which such tax base

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

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

23  revenues to all affected taxing authorities, increasing their

24  ability to accomplish their other respective purposes; and

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

26  areas through tax increment financing and the levying of taxes

27  by such taxing authorities therefor and the appropriation of

28  funds to a redevelopment trust fund bears a substantial

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

30  their respective purposes and concerns.  This subsection does

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  1  not apply in any jurisdiction where the community

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

  3         (6)(5)  It is further found and declared that there

  4  exists in counties and municipalities of the state a severe

  5  shortage of housing affordable to residents of low or moderate

  6  income, including the elderly; that the existence of such

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

  8  residents of such counties and municipalities and retards

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

10  elimination or improvement of such condition is a proper

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

12  and desirable public purpose.

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

14  163.340, Florida Statutes, are amended to read:

15         163.340  Definitions.--The following terms, wherever

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

17         (8)  "Blighted area" means either:

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

19  slum, deteriorated, or deteriorating structures and conditions

20  that lead to economic distress or which endanger life or

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

22  following factors that which substantially impairs or arrests

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

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

25  present condition and use:

26         1.  Predominance of defective or inadequate street

27  layout;

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

29  accessibility, or usefulness;

30         3.  Unsanitary or unsafe conditions;

31         4.  Deterioration of site or other improvements;


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  1         5.  Inadequate and outdated building density patterns;

  2         6.5.  Tax or special assessment delinquency exceeding

  3  the fair value of the land; and

  4         7.  Inadequate transportation and parking facilities;

  5  and

  6         8.6.  Diversity of ownership or defective or unusual

  7  conditions of title which prevent the free alienability of

  8  land within the deteriorated or hazardous area; or

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

10  street layout; inadequate parking facilities; or roadways,

11  bridges, or public transportation facilities incapable of

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

13  either at present or following proposed construction.

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15  However, for purposes of qualifying for the tax credits

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

17  described in paragraph (a).

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

19  undertakings, activities, or projects of a county,

20  municipality, or community redevelopment agency in a community

21  redevelopment area for the elimination and prevention of the

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

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

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

25  and may include slum clearance and redevelopment in a

26  community redevelopment area or rehabilitation and

27  revitalization of coastal resort and tourist areas that are

28  deteriorating and economically distressed, or rehabilitation

29  or conservation in a community redevelopment area, or any

30  combination or part thereof, in accordance with a community

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  1  redevelopment plan and may include the preparation of such a

  2  plan.

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

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

  5  housing that is affordable to residents of low or moderate

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

  7  that is deteriorating and economically distressed due to

  8  outdated building density patterns, inadequate transportation

  9  and parking facilities, faulty lot layout or inadequate street

10  layout, or a combination thereof which the governing body

11  designates as appropriate for community redevelopment.

12         Section 3.  Subsection (6) of section 163.360, Florida

13  Statutes, is amended to read:

14         163.360  Community redevelopment plans.--

15         (6)  Following such hearing, the governing body may

16  approve the community redevelopment and the plan therefor if

17  it finds that:

18         (a)  A feasible method exists for the location of

19  families who will be displaced from the community

20  redevelopment area in decent, safe, and sanitary dwelling

21  accommodations within their means and without undue hardship

22  to such families;

23         (b)  The community redevelopment plan conforms to the

24  general plan of the county or municipality as a whole;

25         (c)  The community redevelopment plan gives due

26  consideration to the provision of adequate park and

27  recreational areas and facilities that may be desirable for

28  neighborhood improvement, with special consideration for the

29  health, safety, and welfare of children residing in the

30  general vicinity of the site covered by the plans; and

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  1         (d)  The community redevelopment plan will afford

  2  maximum opportunity, consistent with the sound needs of the

  3  county or municipality as a whole, for the rehabilitation or

  4  redevelopment of the community redevelopment area by private

  5  enterprise; and.

  6         (e)  The community redevelopment plan and resulting

  7  revitalization and redevelopment for a coastal tourist area

  8  that is deteriorating and economically distressed will reduce

  9  or maintain evacuation time, as appropriate, and ensure

10  protection for property against exposure to natural disasters.

11         Section 4.  Section 163.336, Florida Statutes, is

12  created to read:

13         163.336  Coastal resort area redevelopment pilot

14  project.--

15         (1)  LEGISLATIVE INTENT.--

16         (a)  The Legislature recognizes that some coastal

17  resort and tourist areas are deteriorating and declining as

18  recreation and tourist centers. It is appropriate to undertake

19  a pilot project to determine the feasibility of encouraging

20  redevelopment of economically distressed coastal properties to

21  allow full utilization of existing urban infrastructure such

22  as roads and utility lines. Such activities can have a

23  beneficial impact on local and state economies and provide job

24  opportunities and revitalization of urban areas.

25         (b)  The Department of Environmental Protection shall

26  administer a pilot project for redevelopment of economically

27  distressed coastal resort and tourist areas. Such a pilot

28  project shall be administered in the coastal areas of

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

30  and Ponce de Leon Inlet.

31         (2)  PILOT PROJECT ADMINISTRATION.--


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

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

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

  4  and

  5         2.  A community redevelopment area, enterprise zone,

  6  brownfield area, empowerment zone, or other such economically

  7  deprived areas as designated by the county or municipality

  8  with jurisdiction over the area.

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

10  range of economic and tax incentives available to facilitate

11  and promote redevelopment and revitalization within the pilot

12  project areas.

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

14  Environmental Protection, and the Department of Community

15  Affairs are directed to provide technical assistance to

16  expedite permitting for redevelopment projects and

17  construction activities within the pilot project areas

18  consistent with the principles, processes, and time frames

19  provided in s. 403.973.

20         (d)  The Department of Environmental Protection shall

21  exempt construction activities within the pilot project area

22  in locations seaward of a coastal construction control line

23  and landward of existing armoring from certain siting and

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

25  exemption shall not be deemed to exempt property within the

26  pilot project area from applicable local land development

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

28  line, and lot coverage requirements. Such exemption shall

29  apply to construction and redevelopment of structures

30  involving the coverage, excavation, and impervious surface

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


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  1         1.  This review by the department of applications for

  2  permits for coastal construction within the pilot project area

  3  must apply to construction and redevelopment of structures

  4  subject to the coverage, excavation, and impervious surface

  5  criteria of s. 161.053, and related adopted rules. It is the

  6  intent of these provisions that the pilot project area be

  7  enabled to redevelop in a manner which meets the economic

  8  needs of the area while preserving public safety and existing

  9  resources, including natural resources.

10         2.  The criteria for review under s. 161.053 are

11  applicable within the pilot project area, except that the

12  structures within the pilot project area shall not be subject

13  to specific shore parallel coverage requirements and are

14  allowed to exceed the 50 percent impervious surface

15  requirement. In no case shall stormwater discharge be allowed

16  onto, or seaward of, the frontal dune. Structures are also not

17  bound by the restrictions on excavation unless the

18  construction will adversely affect the integrity of the

19  existing seawall or rigid coastal armoring structure or

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

21  specifically contemplated that underground structures,

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

23  material excavated under this subparagraph must be maintained

24  on site seaward of the coastal construction control line.

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

26  to all construction within the pilot project area lying

27  seaward of the coastal construction control line and landward

28  of an existing viable seawall or rigid coastal armoring

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

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

31  without any interruptions other than beach access points. For


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

  2  armoring structure is a structure that has not deteriorated,

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

  4  longer provides adequate protection to the upland property

  5  when considering the following criteria, including, but not

  6  limited to:

  7         a.  The top must be at or above the still-water level,

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

  9  plus the breaking wave calculated at its highest achievable

10  level based on the maximum eroded beach profile and highest

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

12  runup overtopping;

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

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

15  with adequate penetration; and

16         c.  The armoring must have sufficient continuity or

17  return walls to prevent flooding under the design storm of

18  30-year return storm from impacting the proposed construction.

19         4.  Where there exists a continuous line of rigid

20  coastal armoring structure on either side of unarmored

21  property and the adjacent line of rigid coastal armoring

22  structures are having an adverse effect on or threaten the

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

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

25  close the gap.

26         5.  Structures approved pursuant to this section shall

27  not cause flooding of or result in adverse impacts to existing

28  upland structures or properties and shall comply with all

29  other requirements of s. 161.053 and its implementing rules.

30         6.  Where there exists a continuous line of viable

31  rigid coastal armoring structure on either side of a nonviable


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  1  rigid coastal armoring structure, the department shall grant

  2  the necessary permits under s. 161.085 to replace such

  3  nonviable rigid coastal armoring structure with a viable rigid

  4  coastal armoring structure as defined in this section. This

  5  shall not apply to rigid coastal armoring structures

  6  constructed after May 1, 1998, unless such structures have

  7  been permitted pursuant to s. 161.085(2).

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

  9  the pilot project and the provisions of this section expire

10  December 31, 2002. The Legislature shall review these

11  requirements before their scheduled expiration.

12         Section 5.  Effective July 1, 1998, there is hereby

13  appropriated an additional $500,000 from the Grants and

14  Donations Trust Fund for the purposes contained in Specific

15  Appropriation 1258 of the Conference Report on HB 4201, 1998.

16  Effective July 1, 1998, an additional $2,000,000 is

17  appropriated from the Grants and Donations Trust Fund for the

18  purposes contained in Specific Appropriation 1230 of the

19  Conference Report on HB 4201, 1998. The $2,000,000 reflects

20  the transfer of mitigation funds from the Florida Hurricane

21  Catastrophe Fund pursuant to section 215.555(7)(c), Florida

22  Statutes.

23         Section 6.  Notwithstanding the provisions of section

24  376.11, Florida Statutes, there is hereby appropriated from

25  the Coastal Protection Trust Fund to the Department of

26  Environmental Protection for fiscal year 1998-1999 the

27  additional sum of $1 million. These funds shall be used by the

28  department to provide grants to increase the knowledge of

29  factors that control harmful algal blooms, including red tide,

30  and to gain knowledge to be used for the early detection of

31  factors precipitating harmful algal blooms; for accurate


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  1  prediction of the extent and seriousness of harmful algal

  2  blooms; and for undertaking successful efforts to control and

  3  mitigate the effects of harmful algal blooms. The program

  4  shall foster partnerships through contracts between the state

  5  and universities, nonprofit organizations, and citizens

  6  groups.

  7         Section 7.  This act shall take effect upon becoming a

  8  law.

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