CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
612-137AX-05 Bill No. CS/CS/HB 17
Amendment No. (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 The Committee on Transportation & Economic Development
12 Appropriations offered the following:
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14 Amendment (with title amendment)
15 Remove from the bill: Everything after the enacting clause
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17 and insert in lieu thereof:
18 Section 1. Sections 163.2511, 163.2514, 163.2517,
19 163.2520, 163.2523, and 163.2526, Florida Statutes, are
20 created to read:
21 163.2511 Urban infill and redevelopment.--
22 (1) Sections 163.2511-163.2526 may be cited as the
23 "Growth Policy Act."
24 (2) It is declared that:
25 (a) Fiscally strong urban centers are beneficial to
26 regional and state economies and resources, are a method for
27 reduction of future urban sprawl, and should be promoted by
28 state, regional, and local governments.
29 (b) The health and vibrancy of the urban cores benefit
30 their respective regions and the state; conversely, the
31 deterioration of those urban cores negatively impacts the
1
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HOUSE AMENDMENT
612-137AX-05 Bill No. CS/CS/HB 17
Amendment No. (for drafter's use only)
1 surrounding area and the state.
2 (c) In recognition of the interwoven destiny between
3 the urban center, the suburbs, the region, and the state, the
4 respective governments need to establish a framework and work
5 in partnership with communities and the private sector to
6 revitalize urban centers.
7 (d) State urban policies should guide the state,
8 regional agencies, local governments, and the private sector
9 in preserving and redeveloping existing urban cores and
10 promoting the adequate provision of infrastructure, human
11 services, safe neighborhoods, educational facilities, and
12 economic development to sustain these cores into the future.
13 (e) Successfully revitalizing and sustaining the urban
14 cores is dependent on addressing, through an integrated and
15 coordinated community effort, a range of varied components
16 essential to a healthy urban environment, including cultural,
17 educational, recreational, economic, transportation, and
18 social service components.
19 (f) Infill development and redevelopment are
20 recognized to be important components and useful mechanisms
21 for promoting and sustaining urban cores. State and regional
22 entities and local governments should provide incentives to
23 promote urban infill and redevelopment. Existing programs and
24 incentives should be integrated to the extent possible to
25 promote urban infill and redevelopment and to achieve the
26 goals of the state urban policy.
27 163.2514 Definitions.--As used in ss.
28 163.2511-163.2526:
29 (1) "Local government" means any county or
30 municipality.
31 (2) "Urban infill and redevelopment area" means an
2
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HOUSE AMENDMENT
612-137AX-05 Bill No. CS/CS/HB 17
Amendment No. (for drafter's use only)
1 area or areas designated by a local government where:
2 (a) Public services such as water and wastewater,
3 transportation, schools, and recreation are already available
4 or are scheduled to be provided in an adopted 5-year schedule
5 of capital improvements;
6 (b) The area, or one or more neighborhoods within the
7 area, suffers from pervasive poverty, unemployment, and
8 general distress as defined by s. 290.0058;
9 (c) The area exhibits a proportion of properties that
10 are substandard, overcrowded, dilapidated, vacant or
11 abandoned, or functionally obsolete which is higher than the
12 average for the local government;
13 (d) More than 50 percent of the area is within 1/4
14 mile of a transit stop, or a sufficient number of such transit
15 stops will be made available concurrent with the designation;
16 and
17 (e) The area includes or is adjacent to community
18 redevelopment areas, brownfields, enterprise zones, or Main
19 Street programs, or has been designated by the state or
20 Federal Government as an urban redevelopment, revitalization,
21 or infill area under empowerment zone, enterprise community,
22 or brownfield showcase community programs or similar programs.
23 163.2517 Designation of urban infill and redevelopment
24 area.--
25 (1) A local government may designate a geographic area
26 or areas within its jurisdiction as an urban infill and
27 redevelopment area for the purpose of targeting economic
28 development, job creation, housing, transportation, crime
29 prevention, neighborhood revitalization and preservation, and
30 land use incentives to encourage urban infill and
31 redevelopment within the urban core.
3
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HOUSE AMENDMENT
612-137AX-05 Bill No. CS/CS/HB 17
Amendment No. (for drafter's use only)
1 (2)(a) As part of the preparation and implementation
2 of an urban infill and redevelopment plan, a collaborative and
3 holistic community participation process must be implemented
4 to include each neighborhood within the area targeted for
5 designation as an urban infill and redevelopment area. The
6 objective of the community participation process is to
7 encourage communities within the proposed urban infill and
8 redevelopment area to participate in the design and
9 implementation of the plan, including a "visioning" of the
10 urban core, before redevelopment.
11 (b)1. A neighborhood participation process must be
12 developed to provide for the ongoing involvement of
13 stakeholder groups including, but not limited to,
14 community-based organizations, neighborhood associations,
15 financial institutions, faith organizations, housing
16 authorities, financial institutions, existing businesses,
17 businesses interested in operating in the community, schools,
18 and neighborhood residents, in preparing and implementing the
19 urban infill and redevelopment plan.
20 2. The neighborhood participation process must include
21 a governance structure whereby the local government shares
22 decisionmaking authority for developing and implementing the
23 urban infill and redevelopment plan with communitywide
24 representatives. For example, the local government and
25 community representatives could organize a corporation under
26 s. 501(c)(3) of the Internal Revenue Code to implement
27 specific redevelopment projects.
28 (3) A local government seeking to designate a
29 geographic area within its jurisdiction as an urban infill and
30 redevelopment area shall prepare a plan that describes the
31 infill and redevelopment objectives of the local government
4
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HOUSE AMENDMENT
612-137AX-05 Bill No. CS/CS/HB 17
Amendment No. (for drafter's use only)
1 within the proposed area. In lieu of preparing a new plan, the
2 local government may demonstrate that an existing plan or
3 combination of plans associated with a community redevelopment
4 area, Florida Main Street program, Front Porch Florida
5 Community, sustainable community, enterprise zone, or
6 neighborhood improvement district includes the factors listed
7 in paragraphs (a)-(n), including a collaborative and holistic
8 community participation process, or amend such existing plans
9 to include these factors. The plan shall demonstrate the local
10 government and community's commitment to comprehensively
11 address the urban problems within the urban infill and
12 redevelopment area and identify activities and programs to
13 accomplish locally identified goals such as code enforcement;
14 improved educational opportunities; reduction in crime;
15 neighborhood revitalization and preservation; provision of
16 infrastructure needs, including mass transit and multimodal
17 linkages; and mixed-use planning to promote multifunctional
18 redevelopment to improve both the residential and commercial
19 quality of life in the area. The plan shall also:
20 (a) Contain a map depicting the geographic area or
21 areas to be included within the designation.
22 (b) Confirm that the infill and redevelopment area is
23 within an area designated for urban uses in the local
24 government's comprehensive plan.
25 (c) Identify and map existing enterprise zones,
26 community redevelopment areas, community development
27 corporations, brownfield areas, downtown redevelopment
28 districts, safe neighborhood improvement districts, historic
29 preservation districts, and empowerment zones or enterprise
30 communities located within the area proposed for designation
31 as an urban infill and redevelopment area and provide a
5
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HOUSE AMENDMENT
612-137AX-05 Bill No. CS/CS/HB 17
Amendment No. (for drafter's use only)
1 framework for coordinating infill and redevelopment programs
2 within the urban core.
3 (d) Identify a memorandum of understanding between the
4 district school board and the local government jurisdiction
5 regarding public school facilities located within the urban
6 infill and redevelopment area to identify how the school board
7 will provide priority to enhancing public school facilities
8 and programs in the designated area, including the reuse of
9 existing buildings for schools within the area.
10 (e) Identify each neighborhood within the proposed
11 area and state community preservation and revitalization goals
12 and projects identified through a collaborative and holistic
13 community participation process and how such projects will be
14 implemented.
15 (f) Identify how the local government and
16 community-based organizations intend to implement affordable
17 housing programs, including, but not limited to, economic and
18 community development programs administered by federal and
19 state agencies, within the urban infill and redevelopment
20 area.
21 (g) Identify strategies for reducing crime.
22 (h) If applicable, provide guidelines for the adoption
23 of land development regulations specific to the urban infill
24 and redevelopment area which include, for example, setbacks
25 and parking requirements appropriate to urban development.
26 (i) Identify and map any existing transportation
27 concurrency exception areas and any relevant public
28 transportation corridors designated by a metropolitan planning
29 organization in its long-range transportation plans or by the
30 local government in its comprehensive plan for which the local
31 government seeks designation as a transportation concurrency
6
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HOUSE AMENDMENT
612-137AX-05 Bill No. CS/CS/HB 17
Amendment No. (for drafter's use only)
1 exception area. For those areas, describe how public
2 transportation, pedestrian ways, and bikeways will be
3 implemented as an alternative to increased automobile use.
4 (j) Identify and adopt a package of financial and
5 local government incentives which the local government will
6 offer for new development, expansion of existing development,
7 and redevelopment within the urban infill and redevelopment
8 area. Examples of such incentives include:
9 1. Waiver of license and permit fees.
10 2. Waiver of local option sales taxes.
11 3. Waiver of delinquent taxes or fees to promote the
12 return of property to productive use.
13 4. Expedited permitting.
14 5. Lower transportation impact fees for development
15 which encourages more use of public transit, pedestrian, and
16 bicycle modes of transportation.
17 6. Prioritization of infrastructure spending within
18 the urban infill and redevelopment area.
19 7. Local government absorption of developers'
20 concurrency costs.
21 (k) Identify how activities and incentives within the
22 urban infill and redevelopment area will be coordinated and
23 what administrative mechanism the local government will use
24 for the coordination.
25 (l) Identify how partnerships with the financial and
26 business community will be developed.
27 (m) Identify the governance structure that the local
28 government will use to involve community representatives in
29 the implementation of the plan.
30 (n) Identify performance measures to evaluate the
31 success of the local government in implementing the urban
7
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HOUSE AMENDMENT
612-137AX-05 Bill No. CS/CS/HB 17
Amendment No. (for drafter's use only)
1 infill and redevelopment plan.
2 (4) In order for a local government to designate an
3 urban infill and redevelopment area, it must amend its
4 comprehensive land use plan under s. 163.3187 to delineate the
5 boundaries of the urban infill and redevelopment area within
6 the future land use element of its comprehensive plan. The
7 state land planning agency shall review the boundary
8 delineation of the urban infill and redevelopment area in the
9 future land use element under s. 163.3184. However, an urban
10 infill and redevelopment plan adopted by a local government is
11 not subject to review for compliance as defined by s.
12 163.3184(1)(b), and the local government is not required to
13 adopt the plan as a comprehensive plan amendment. An amendment
14 to the local comprehensive plan to designate an urban infill
15 and redevelopment area is exempt from the twice-a-year
16 amendment limitation of s. 163.3187.
17 (5) After the preparation of an urban infill and
18 redevelopment plan or designation of an existing plan, the
19 local government shall adopt the plan by ordinance. Notice for
20 the public hearing on the ordinance must be in the form
21 established in s. 166.041(3)(c)2. for municipalities, and s.
22 125.66(4)(b)2. for counties.
23 (6)(a) In order to continue to be eligible for the
24 economic and regulatory incentives granted with respect to an
25 urban infill and redevelopment area, the local government must
26 demonstrate during the evaluation, assessment, and review of
27 its comprehensive plan required pursuant to s. 163.3191, that
28 within designated urban infill and redevelopment areas, the
29 amount of combined annual residential, commercial, and
30 institutional development has increased by at least 10
31 percent.
8
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HOUSE AMENDMENT
612-137AX-05 Bill No. CS/CS/HB 17
Amendment No. (for drafter's use only)
1 (b) If the local government fails to implement the
2 urban infill and redevelopment plan in accordance with the
3 deadlines set forth in the plan, the Department of Community
4 Affairs may seek to rescind the economic and regulatory
5 incentives granted to the urban infill and redevelopment area,
6 subject to the provisions of chapter 120. The action to
7 rescind may be initiated 90 days after issuing a written
8 letter of warning to the local government.
9 163.2520 Economic incentives; report.--
10 (1) A local government with an adopted urban infill
11 and redevelopment plan or plan employed in lieu thereof may
12 issue revenue bonds under s. 163.385 and employ tax increment
13 financing under s. 163.387 for the purpose of financing the
14 implementation of the plan, except that in a charter county
15 such incentives shall be employed consistent with the
16 provisions of s. 163.410.
17 (2) A local government with an adopted urban infill
18 and redevelopment plan or plan employed in lieu thereof may
19 exercise the powers granted under s. 163.514 for community
20 redevelopment neighborhood improvement districts, including
21 the authority to levy special assessments.
22 (3) State agencies that provide infrastructure
23 funding, cost reimbursement, grants, or loans to local
24 governments, including, but not limited to, the Department of
25 Environmental Protection (Clean Water State Revolving Fund,
26 Drinking Water Revolving Loan Trust Fund, and the state
27 pollution control bond program); the Department of Community
28 Affairs (economic development and housing programs, Florida
29 Communities Trust); the Florida Housing Finance Corporation;
30 and the Department of Transportation (Intermodal Surface
31 Transportation Efficiency Act funds), are directed to report
9
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HOUSE AMENDMENT
612-137AX-05 Bill No. CS/CS/HB 17
Amendment No. (for drafter's use only)
1 to the President of the Senate and the Speaker of the House of
2 Representatives by January 1, 2000, regarding statutory and
3 rule changes necessary to give urban infill and redevelopment
4 areas identified by local governments under this act an
5 elevated priority in infrastructure funding, loan, and grant
6 programs.
7 (4) Prior to June 1 each year, areas designated by a
8 local government as urban infill and redevelopment areas shall
9 be given a priority in the allocation of private activity
10 bonds from the state pool pursuant to s. 159.807.
11 163.2523 Grant program.--An Urban Infill and
12 Redevelopment Assistance Grant Program is created for local
13 governments. A local government may allocate grant money to
14 special districts, including community redevelopment agencies,
15 and nonprofit community development organizations to implement
16 projects consistent with an adopted urban infill and
17 redevelopment plan or plan employed in lieu thereof. Thirty
18 percent of the general revenue appropriated for this program
19 shall be available for planning grants to be used by local
20 governments for the development of an urban infill and
21 redevelopment plan, including community participation
22 processes for the plan. Sixty percent of the general revenue
23 appropriated for this program shall be available for
24 fifty/fifty matching grants for implementing urban infill and
25 redevelopment projects that further the objectives set forth
26 in the local government's adopted urban infill and
27 redevelopment plan or plan employed in lieu thereof. The
28 remaining 10 percent of the revenue must be used for outright
29 grants for implementing projects requiring an expenditure of
30 under $50,000. Projects that provide employment opportunities
31 to clients of the WAGES program and projects within urban
10
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HOUSE AMENDMENT
612-137AX-05 Bill No. CS/CS/HB 17
Amendment No. (for drafter's use only)
1 infill and redevelopment areas that include a community
2 redevelopment area, Florida Main Street program, Front Porch
3 Florida Community, sustainable community, enterprise zone,
4 federal enterprise zone, enterprise community, or neighborhood
5 improvement district must be given an elevated priority in the
6 scoring of competing grant applications. The Division of
7 Housing and Community Development of the Department of
8 Community Affairs shall administer the grant program. The
9 Department of Community Affairs shall adopt rules establishing
10 grant review criteria consistent with this section.
11 163.2526 Review and evaluation.--Before the 2004
12 Regular Session of the Legislature, the Office of Program
13 Policy Analysis and Government Accountability shall perform a
14 review and evaluation of ss. 163.2511-163.2526, including the
15 financial incentives listed in s. 163.2520. The report must
16 evaluate the effectiveness of the designation of urban infill
17 and redevelopment areas in stimulating urban infill and
18 redevelopment and strengthening the urban core. A report of
19 the findings and recommendations of the Office of Program
20 Policy Analysis and Government Accountability shall be
21 submitted to the President of the Senate and the Speaker of
22 the House of Representatives before the 2004 Regular Session
23 of the Legislature.
24 Section 2. Subsection (28) of section 163.3164,
25 Florida Statutes, 1998 Supplement, is amended to read:
26 163.3164 Definitions.--As used in this act:
27 (28) "Projects that promote public transportation"
28 means projects that directly affect the provisions of public
29 transit, including transit terminals, transit lines and
30 routes, separate lanes for the exclusive use of public transit
31 services, transit stops (shelters and stations), and office
11
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HOUSE AMENDMENT
612-137AX-05 Bill No. CS/CS/HB 17
Amendment No. (for drafter's use only)
1 buildings or projects that include fixed-rail or transit
2 terminals as part of the building, and projects which are
3 transit-oriented and designed to complement reasonably
4 proximate planned or existing public facilities.
5 Section 3. Paragraph (a) of subsection (6) of section
6 163.3177, Florida Statutes, 1998 Supplement, is amended to
7 read:
8 163.3177 Required and optional elements of
9 comprehensive plan; studies and surveys.--
10 (6) In addition to the requirements of subsections
11 (1)-(5), the comprehensive plan shall include the following
12 elements:
13 (a) A future land use plan element designating
14 proposed future general distribution, location, and extent of
15 the uses of land for residential uses, commercial uses,
16 industry, agriculture, recreation, conservation, education,
17 public buildings and grounds, other public facilities, and
18 other categories of the public and private uses of land. The
19 future land use plan shall include standards to be followed in
20 the control and distribution of population densities and
21 building and structure intensities. The proposed
22 distribution, location, and extent of the various categories
23 of land use shall be shown on a land use map or map series
24 which shall be supplemented by goals, policies, and measurable
25 objectives. Each land use category shall be defined in terms
26 of the types of uses included and specific standards for the
27 density or intensity of use. The future land use plan shall
28 be based upon surveys, studies, and data regarding the area,
29 including the amount of land required to accommodate
30 anticipated growth; the projected population of the area; the
31 character of undeveloped land; the availability of public
12
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HOUSE AMENDMENT
612-137AX-05 Bill No. CS/CS/HB 17
Amendment No. (for drafter's use only)
1 services; and the need for redevelopment, including the
2 renewal of blighted areas and the elimination of nonconforming
3 uses which are inconsistent with the character of the
4 community. The future land use plan may designate areas for
5 future planned development use involving combinations of types
6 of uses for which special regulations may be necessary to
7 ensure development in accord with the principles and standards
8 of the comprehensive plan and this act. The future land use
9 plan of a county may also designate areas for possible future
10 municipal incorporation. The land use maps or map series
11 shall generally identify and depict historic district
12 boundaries and shall designate historically significant
13 properties meriting protection. The future land use element
14 must clearly identify the land use categories in which public
15 schools are an allowable use. When delineating the land use
16 categories in which public schools are an allowable use, a
17 local government shall include in the categories sufficient
18 land proximate to residential development to meet the
19 projected needs for schools in coordination with public school
20 boards and may establish differing criteria for schools of
21 different type or size. Each local government shall include
22 lands contiguous to existing school sites, to the maximum
23 extent possible, within the land use categories in which
24 public schools are an allowable use. All comprehensive plans
25 must comply with the school siting requirements of this
26 paragraph no later than October 1, 1999, or the deadline for
27 the local government evaluation and appraisal report,
28 whichever occurs first. The failure by a local government to
29 comply with these school siting requirements by October 1,
30 1999, this requirement will result in the prohibition of the
31 local government's ability to amend the local comprehensive
13
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HOUSE AMENDMENT
612-137AX-05 Bill No. CS/CS/HB 17
Amendment No. (for drafter's use only)
1 plan, except for plan amendments described in s.
2 163.3187(1)(b), until the school siting requirements are met
3 as provided by s. 163.3187(6). An amendment proposed by a
4 local government for purposes of identifying the land use
5 categories in which public schools are an allowable use is
6 exempt from the limitation on the frequency of plan amendments
7 contained in s. 163.3187. The future land use element shall
8 include criteria which encourage the location of schools
9 proximate to urban residential areas to the extent possible
10 and shall require that the local government seek to collocate
11 public facilities, such as parks, libraries, and community
12 centers, with schools to the extent possible.
13 Section 4. Subsections (1), (4), (5), and (10) of
14 section 163.3180, Florida Statutes, 1998 Supplement, are
15 amended, subsections (12) and (13) are renumbered as
16 subsections (13) and (14), respectively, and new subsections
17 (12) and (15) are added to said section, to read:
18 163.3180 Concurrency.--
19 (1)(a) Roads, Sanitary sewer, solid waste, drainage,
20 potable water, parks and recreation, and transportation
21 facilities, including mass transit, where applicable, are the
22 only public facilities and services subject to the concurrency
23 requirement on a statewide basis. Additional public facilities
24 and services may not be made subject to concurrency on a
25 statewide basis without appropriate study and approval by the
26 Legislature; however, any local government may extend the
27 concurrency requirement so that it applies to additional
28 public facilities within its jurisdiction.
29 (b) Local governments shall use professionally
30 accepted techniques for measuring level of service for
31 automobiles, bicycles, pedestrians, transit, and trucks.
14
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HOUSE AMENDMENT
612-137AX-05 Bill No. CS/CS/HB 17
Amendment No. (for drafter's use only)
1 These techniques may be used to evaluate increased
2 accessibility by multiple modes and reductions in vehicle
3 miles of travel in an area or zone. The Department of
4 Transportation shall develop methodologies to assist local
5 governments in implementing this multimodal level-of-service
6 analysis. The Department of Community Affairs and the
7 Department of Transportation shall provide technical
8 assistance to local governments in applying these
9 methodologies.
10 (4)(a) The concurrency requirement as implemented in
11 local comprehensive plans applies to state and other public
12 facilities and development to the same extent that it applies
13 to all other facilities and development, as provided by law.
14 (b) The concurrency requirement as implemented in
15 local comprehensive plans does not apply to public transit
16 facilities. For the purposes of this paragraph, public
17 transit facilities include transit stations and terminals,
18 transit station parking, park-and-ride lots, intermodal public
19 transit connection or transfer facilities, and fixed bus,
20 guideway, and rail stations. As used in this paragraph, the
21 terms "terminals" and "transit facilities" do not include
22 airports or seaports or commercial or residential development
23 constructed in conjunction with a public transit facility.
24 (5)(a) The Legislature finds that under limited
25 circumstances dealing with transportation facilities,
26 countervailing planning and public policy goals may come into
27 conflict with the requirement that adequate public facilities
28 and services be available concurrent with the impacts of such
29 development. The Legislature further finds that often the
30 unintended result of the concurrency requirement for
31 transportation facilities is the discouragement of urban
15
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HOUSE AMENDMENT
612-137AX-05 Bill No. CS/CS/HB 17
Amendment No. (for drafter's use only)
1 infill development and redevelopment. Such unintended results
2 directly conflict with the goals and policies of the state
3 comprehensive plan and the intent of this part. Therefore,
4 exceptions from the concurrency requirement for transportation
5 facilities may be granted as provided by this subsection.
6 (b) A local government may grant an exception from the
7 concurrency requirement for transportation facilities if the
8 proposed development is otherwise consistent with the adopted
9 local government comprehensive plan and is a project that
10 promotes public transportation or is located within an area
11 designated in the comprehensive plan for:
12 1. Urban infill development,
13 2. Urban redevelopment, or
14 3. Downtown revitalization, or.
15 4. Urban infill and redevelopment under s. 163.2517.
16
17 Exceptions under this paragraph may be requested by an
18 affected property owner, an affected local government, or, in
19 those counties which have countywide concurrency requirements
20 for transportation facilities, by the county.
21 (c) The Legislature also finds that developments
22 located within urban infill, urban redevelopment, existing
23 urban service, or downtown revitalization areas or areas
24 designated as urban infill and redevelopment areas under s.
25 163.2517 which pose only special part-time demands on the
26 transportation system should be excepted from the concurrency
27 requirement for transportation facilities. A special
28 part-time demand is one that does not have more than 200
29 scheduled events during any calendar year and does not affect
30 the 100 highest traffic volume hours.
31 (d) A local government shall establish guidelines for
16
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HOUSE AMENDMENT
612-137AX-05 Bill No. CS/CS/HB 17
Amendment No. (for drafter's use only)
1 granting the exceptions authorized in paragraphs (b) and (c)
2 in the comprehensive plan. These guidelines must include
3 consideration of the impacts on the Florida Intrastate Highway
4 System, as defined in s. 338.001. The exceptions may be
5 available only within the specific geographic area of the
6 jurisdiction designated in the plan. Pursuant to s. 163.3184,
7 any affected person may challenge a plan amendment
8 establishing these guidelines and the areas within which an
9 exception could be granted.
10 (10) With regard to facilities on the Florida
11 Intrastate Highway System as defined in s. 338.001, with
12 concurrence from the Department of Transportation, the
13 level-of-service standard for general-lanes in urbanized
14 areas, as defined in s. 334.03(36), may be established by the
15 local government in the comprehensive plan. For all other
16 facilities on the Florida Intrastate Highway System, local
17 governments shall adopt the level-of-service standard
18 established by the Department of Transportation by rule. For
19 all other roads on the State Highway System, local governments
20 shall establish an adequate level-of-service standard that
21 need not be consistent with any level-of-service standard
22 established by the Department of Transportation.
23 (12) When authorized by a local comprehensive plan, a
24 multiuse development of regional impact may satisfy the
25 transportation concurrency requirements of the local
26 comprehensive plan, the local government's concurrency
27 management system, and s. 380.06 by payment of a
28 proportionate-share contribution for local and regionally
29 significant traffic impacts, if:
30 (a) The development of regional impact meets or
31 exceeds the guidelines and standards of s. 380.0651(3)(i) and
17
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HOUSE AMENDMENT
612-137AX-05 Bill No. CS/CS/HB 17
Amendment No. (for drafter's use only)
1 rule 28-24.032(2), Florida Administrative Code, and includes a
2 residential component that contains at least 100 residential
3 dwelling units or 15 percent of the applicable residential
4 guideline and standard, whichever is greater;
5 (b) The proportionate-share contribution for local and
6 regionally significant traffic impacts is sufficient to pay
7 for one or more required improvements that will benefit a
8 regionally significant transportation facility;
9 (c) The owner and developer of the development of
10 regional impact pays or assures payment of the
11 proportionate-share contribution; and
12 (d) If the regionally significant transportation
13 facility to be constructed or improved is under the
14 maintenance authority of a governmental entity, as defined by
15 s. 334.03(12), other than the local government with
16 jurisdiction over the development of regional impact, the
17 developer is required to enter into a binding and legally
18 enforceable commitment to transfer funds to the governmental
19 entity having maintenance authority or to otherwise assure
20 construction or improvement of the facility.
21 (15)(a) Multimodal transportation districts may be
22 established under a local government comprehensive plan in
23 areas delineated on the future land use map for which the
24 local comprehensive plan assigns secondary priority to vehicle
25 mobility and primary priority to assuring a safe, comfortable,
26 and attractive pedestrian environment, with convenient
27 interconnection to transit. Such districts must incorporate
28 community design features that will reduce the number of
29 automobile trips or vehicle miles of travel and will support
30 an integrated, multimodal transportation system.
31 (b) Community design elements of such a district
18
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HOUSE AMENDMENT
612-137AX-05 Bill No. CS/CS/HB 17
Amendment No. (for drafter's use only)
1 include: a complementary mix and range of land uses,
2 including educational, recreational, and cultural uses;
3 interconnected networks of streets designed to encourage
4 walking and bicycling, with traffic-calming where desirable;
5 appropriate densities and intensities of use within walking
6 distance of transit stops; daily activities within walking
7 distance of residences, allowing independence to persons who
8 do not drive; public uses, streets, and squares that are safe,
9 comfortable, and attractive for the pedestrian, with adjoining
10 buildings open to the street and with parking not interfering
11 with pedestrian, transit, automobile, and truck travel modes.
12 (c) Local governments may establish multimodal
13 level-of-service standards that rely primarily on nonvehicular
14 modes of transportation within the district, when justified by
15 an analysis demonstrating that the existing and planned
16 community design will provide an adequate level of mobility
17 within the district based upon professionally accepted
18 multimodal level-of-service methodologies. The analysis must
19 take into consideration the impact on the Florida Intrastate
20 Highway System. The analysis must also demonstrate that the
21 capital improvements required to promote community design are
22 financially feasible over the development or redevelopment
23 timeframe for the district and that community design features
24 within the district provide convenient interconnection for a
25 multimodal transportation system. Local governments may issue
26 development permits in reliance upon all planned community
27 design capital improvements that are financially feasible over
28 the development or redevelopment timeframe for the district,
29 without regard to the period of time between development or
30 redevelopment and the scheduled construction of the capital
31 improvements. A determination of financial feasibility shall
19
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HOUSE AMENDMENT
612-137AX-05 Bill No. CS/CS/HB 17
Amendment No. (for drafter's use only)
1 be based upon currently available funding or funding sources
2 that could reasonably be expected to become available over the
3 planning period.
4 (d) Local governments may reduce impact fees or local
5 access fees for development within multimodal transportation
6 districts based on the reduction of vehicle trips per
7 household or vehicle miles of travel expected from the
8 development pattern planned for the district.
9 Section 5. Subsection (1) of section 163.3187, Florida
10 Statutes, 1998 Supplement, is amended to read:
11 163.3187 Amendment of adopted comprehensive plan.--
12 (1) Amendments to comprehensive plans adopted pursuant
13 to this part may be made not more than two times during any
14 calendar year, except:
15 (a) In the case of an emergency, comprehensive plan
16 amendments may be made more often than twice during the
17 calendar year if the additional plan amendment receives the
18 approval of all of the members of the governing body.
19 "Emergency" means any occurrence or threat thereof whether
20 accidental or natural, caused by humankind, in war or peace,
21 which results or may result in substantial injury or harm to
22 the population or substantial damage to or loss of property or
23 public funds.
24 (b) Any local government comprehensive plan amendments
25 directly related to a proposed development of regional impact,
26 including changes which have been determined to be substantial
27 deviations and including Florida Quality Developments pursuant
28 to s. 380.061, may be initiated by a local planning agency and
29 considered by the local governing body at the same time as the
30 application for development approval using the procedures
31 provided for local plan amendment in this section and
20
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HOUSE AMENDMENT
612-137AX-05 Bill No. CS/CS/HB 17
Amendment No. (for drafter's use only)
1 applicable local ordinances, without regard to statutory or
2 local ordinance limits on the frequency of consideration of
3 amendments to the local comprehensive plan. Nothing in this
4 subsection shall be deemed to require favorable consideration
5 of a plan amendment solely because it is related to a
6 development of regional impact.
7 (c) Any local government comprehensive plan amendments
8 directly related to proposed small scale development
9 activities may be approved without regard to statutory limits
10 on the frequency of consideration of amendments to the local
11 comprehensive plan. A small scale development amendment may
12 be adopted only under the following conditions:
13 1. The proposed amendment involves a use of 10 acres
14 or fewer and:
15 a. The cumulative annual effect of the acreage for all
16 small scale development amendments adopted by the local
17 government shall not exceed:
18 (I) A maximum of 120 acres in a local government that
19 contains areas specifically designated in the local
20 comprehensive plan for urban infill, urban redevelopment, or
21 downtown revitalization as defined in s. 163.3164, urban
22 infill and redevelopment areas designated under s. 163.2517,
23 transportation concurrency exception areas approved pursuant
24 to s. 163.3180(5), or regional activity centers and urban
25 central business districts approved pursuant to s.
26 380.06(2)(e); however, amendments under this paragraph may be
27 applied to no more than 60 acres annually of property outside
28 the designated areas listed in this sub-sub-subparagraph.
29 (II) A maximum of 80 acres in a local government that
30 does not contain any of the designated areas set forth in
31 sub-sub-subparagraph (I).
21
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HOUSE AMENDMENT
612-137AX-05 Bill No. CS/CS/HB 17
Amendment No. (for drafter's use only)
1 (III) A maximum of 120 acres in a county established
2 pursuant to s. 9, Art. VIII of the State Constitution.
3 b. The proposed amendment does not involve the same
4 property granted a change within the prior 12 months.
5 c. The proposed amendment does not involve the same
6 owner's property within 200 feet of property granted a change
7 within the prior 12 months.
8 d. The proposed amendment does not involve a text
9 change to the goals, policies, and objectives of the local
10 government's comprehensive plan, but only proposes a land use
11 change to the future land use map for a site-specific small
12 scale development activity.
13 e. The property that is the subject of the proposed
14 amendment is not located within an area of critical state
15 concern.
16 f. If the proposed amendment involves a residential
17 land use, the residential land use has a density of 10 units
18 or less per acre, except that this limitation does not apply
19 to small scale amendments described in sub-sub-subparagraph
20 a.(I) that are designated in the local comprehensive plan for
21 urban infill, urban redevelopment, or downtown revitalization
22 as defined in s. 163.3164, urban infill and redevelopment
23 areas designated under s. 163.2517, transportation concurrency
24 exception areas approved pursuant to s. 163.3180(5), or
25 regional activity centers and urban central business districts
26 approved pursuant to s. 380.06(2)(e).
27 2.a. A local government that proposes to consider a
28 plan amendment pursuant to this paragraph is not required to
29 comply with the procedures and public notice requirements of
30 s. 163.3184(15)(c) for such plan amendments if the local
31 government complies with the provisions in s. 125.66(4)(a) for
22
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HOUSE AMENDMENT
612-137AX-05 Bill No. CS/CS/HB 17
Amendment No. (for drafter's use only)
1 a county or in s. 166.041(3)(c) for a municipality. If a
2 request for a plan amendment under this paragraph is initiated
3 by other than the local government, public notice is required.
4 b. The local government shall send copies of the
5 notice and amendment to the state land planning agency, the
6 regional planning council, and any other person or entity
7 requesting a copy. This information shall also include a
8 statement identifying any property subject to the amendment
9 that is located within a coastal high hazard area as
10 identified in the local comprehensive plan.
11 3. Small scale development amendments adopted pursuant
12 to this paragraph require only one public hearing before the
13 governing board, which shall be an adoption hearing as
14 described in s. 163.3184(7), and are not subject to the
15 requirements of s. 163.3184(3)-(6) unless the local government
16 elects to have them subject to those requirements.
17 (d) Any comprehensive plan amendment required by a
18 compliance agreement pursuant to s. 163.3184(16) may be
19 approved without regard to statutory limits on the frequency
20 of adoption of amendments to the comprehensive plan.
21 (e) A comprehensive plan amendment for location of a
22 state correctional facility. Such an amendment may be made at
23 any time and does not count toward the limitation on the
24 frequency of plan amendments.
25 (f) Any comprehensive plan amendment that changes the
26 schedule in the capital improvements element, and any
27 amendments directly related to the schedule, may be made once
28 in a calendar year on a date different from the two times
29 provided in this subsection when necessary to coincide with
30 the adoption of the local government's budget and capital
31 improvements program.
23
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HOUSE AMENDMENT
612-137AX-05 Bill No. CS/CS/HB 17
Amendment No. (for drafter's use only)
1 (g) Any local government comprehensive plan amendments
2 directly related to proposed redevelopment of brownfield areas
3 designated under s. 376.80 may be approved without regard to
4 statutory limits on the frequency of consideration of
5 amendments to the local comprehensive plan.
6 (h) A comprehensive plan amendment for the purpose of
7 designating an urban infill and redevelopment area under s.
8 163.2517 may be approved without regard to the statutory
9 limits on the frequency of amendments to the comprehensive
10 plan.
11 Section 6. Subsection (17) of section 187.201, Florida
12 Statutes, is amended to read:
13 187.201 State Comprehensive Plan adopted.--The
14 Legislature hereby adopts as the State Comprehensive Plan the
15 following specific goals and policies:
16 (17) URBAN AND DOWNTOWN REVITALIZATION.--
17 (a) Goal.--In recognition of the importance of
18 Florida's vital urban centers and of the need to develop and
19 redevelop developing and redeveloping downtowns to the state's
20 ability to use existing infrastructure and to accommodate
21 growth in an orderly, efficient, and environmentally
22 acceptable manner, Florida shall encourage the centralization
23 of commercial, governmental, retail, residential, and cultural
24 activities within downtown areas.
25 (b) Policies.--
26 1. Provide incentives to encourage private sector
27 investment in the preservation and enhancement of downtown
28 areas.
29 2. Assist local governments in the planning,
30 financing, and implementation of development efforts aimed at
31 revitalizing distressed downtown areas.
24
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HOUSE AMENDMENT
612-137AX-05 Bill No. CS/CS/HB 17
Amendment No. (for drafter's use only)
1 3. Promote state programs and investments which
2 encourage redevelopment of downtown areas.
3 4. Promote and encourage communities to engage in a
4 redesign step to include public participation of members of
5 the community in envisioning redevelopment goals and design of
6 the community core before redevelopment.
7 5. Ensure that local governments have adequate
8 flexibility to determine and address their urban priorities
9 within the state urban policy.
10 6. Enhance the linkages between land use, water use,
11 and transportation planning in state, regional, and local
12 plans for current and future designated urban areas.
13 7. Develop concurrency requirements that do not
14 compromise public health and safety for urban areas that
15 promote redevelopment efforts.
16 8. Promote processes for the state, general purpose
17 local governments, school boards, and local community colleges
18 to coordinate and cooperate regarding educational facilities
19 in urban areas, including planning functions, the development
20 of joint facilities, and the reuse of existing buildings.
21 9. Encourage the development of mass transit systems
22 for urban centers, including multimodal transportation feeder
23 systems, as a priority of local, metropolitan, regional, and
24 state transportation planning.
25 10. Locate appropriate public facilities within urban
26 centers to demonstrate public commitment to the centers and to
27 encourage private sector development.
28 11. Integrate state programs that have been developed
29 to promote economic development and neighborhood
30 revitalization through incentives to promote the development
31 of designated urban infill areas.
25
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HOUSE AMENDMENT
612-137AX-05 Bill No. CS/CS/HB 17
Amendment No. (for drafter's use only)
1 12. Promote infill development and redevelopment as an
2 important mechanism to revitalize and sustain urban centers.
3 Section 7. Paragraph (b) of subsection (19) of section
4 380.06, Florida Statutes, 1998 Supplement, is amended to read:
5 380.06 Developments of regional impact.--
6 (19) SUBSTANTIAL DEVIATIONS.--
7 (b) Any proposed change to a previously approved
8 development of regional impact or development order condition
9 which, either individually or cumulatively with other changes,
10 exceeds any of the following criteria shall constitute a
11 substantial deviation and shall cause the development to be
12 subject to further development-of-regional-impact review
13 without the necessity for a finding of same by the local
14 government:
15 1. An increase in the number of parking spaces at an
16 attraction or recreational facility by 5 percent or 300
17 spaces, whichever is greater, or an increase in the number of
18 spectators that may be accommodated at such a facility by 5
19 percent or 1,000 spectators, whichever is greater.
20 2. A new runway, a new terminal facility, a 25-percent
21 lengthening of an existing runway, or a 25-percent increase in
22 the number of gates of an existing terminal, but only if the
23 increase adds at least three additional gates. However, if an
24 airport is located in two counties, a 10-percent lengthening
25 of an existing runway or a 20-percent increase in the number
26 of gates of an existing terminal is the applicable criteria.
27 3. An increase in the number of hospital beds by 5
28 percent or 60 beds, whichever is greater.
29 4. An increase in industrial development area by 5
30 percent or 32 acres, whichever is greater.
31 5. An increase in the average annual acreage mined by
26
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HOUSE AMENDMENT
612-137AX-05 Bill No. CS/CS/HB 17
Amendment No. (for drafter's use only)
1 5 percent or 10 acres, whichever is greater, or an increase in
2 the average daily water consumption by a mining operation by 5
3 percent or 300,000 gallons, whichever is greater. An increase
4 in the size of the mine by 5 percent or 750 acres, whichever
5 is less.
6 6. An increase in land area for office development by
7 5 percent or 6 acres, whichever is greater, or an increase of
8 gross floor area of office development by 5 percent or 60,000
9 gross square feet, whichever is greater.
10 7. An increase in the storage capacity for chemical or
11 petroleum storage facilities by 5 percent, 20,000 barrels, or
12 7 million pounds, whichever is greater.
13 8. An increase of development at a waterport of wet
14 storage for 20 watercraft, dry storage for 30 watercraft, or
15 wet/dry storage for 60 watercraft in an area identified in the
16 state marina siting plan as an appropriate site for additional
17 waterport development or a 5-percent increase in watercraft
18 storage capacity, whichever is greater.
19 9. An increase in the number of dwelling units by 5
20 percent or 50 dwelling units, whichever is greater.
21 10. An increase in commercial development by 6 acres
22 of land area or by 50,000 square feet of gross floor area, or
23 of parking spaces provided for customers for 300 cars or a
24 5-percent increase of any of these, whichever is greater.
25 11. An increase in hotel or motel facility units by 5
26 percent or 75 units, whichever is greater.
27 12. An increase in a recreational vehicle park area by
28 5 percent or 100 vehicle spaces, whichever is less.
29 13. A decrease in the area set aside for open space of
30 5 percent or 20 acres, whichever is less.
31 14. A proposed increase to an approved multiuse
27
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HOUSE AMENDMENT
612-137AX-05 Bill No. CS/CS/HB 17
Amendment No. (for drafter's use only)
1 development of regional impact where the sum of the increases
2 of each land use as a percentage of the applicable substantial
3 deviation criteria is equal to or exceeds 100 percent. The
4 percentage of any decrease in the amount of open space shall
5 be treated as an increase for purposes of determining when 100
6 percent has been reached or exceeded.
7 15. A 15-percent increase in the number of external
8 vehicle trips generated by the development above that which
9 was projected during the original
10 development-of-regional-impact review.
11 16. Any change which would result in development of
12 any area which was specifically set aside in the application
13 for development approval or in the development order for
14 preservation or special protection of endangered or threatened
15 plants or animals designated as endangered, threatened, or
16 species of special concern and their habitat, primary dunes,
17 or archaeological and historical sites designated as
18 significant by the Division of Historical Resources of the
19 Department of State. The further refinement of such areas by
20 survey shall be considered under sub-subparagraph (e)5.b.
21
22 The substantial deviation numerical standards in subparagraphs
23 4., 6., 10., 14., excluding residential uses, and 15., are
24 increased by 100 percent for a project certified under s.
25 403.973 which creates jobs and meets criteria established by
26 the Office of Tourism, Trade, and Economic Development as to
27 its impact on an area's economy, employment, and prevailing
28 wage and skill levels. The substantial deviation numerical
29 standards in subparagraphs 4., 6., 9., 10., 11., and 14. are
30 increased by 50 percent for a project located wholly within an
31 urban infill and redevelopment area designated on the
28
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HOUSE AMENDMENT
612-137AX-05 Bill No. CS/CS/HB 17
Amendment No. (for drafter's use only)
1 applicable adopted local comprehensive plan future land use
2 map and not located within the coastal high hazard area.
3 Section 8. Paragraph (b) of subsection (2) of section
4 163.3220, Florida Statutes, is amended to read:
5 163.3220 Short title; legislative intent.--
6 (2) The Legislature finds and declares that:
7 (b) Assurance to a developer that upon receipt of his
8 or her development permit or brownfield designation he or she
9 may proceed in accordance with existing laws and policies,
10 subject to the conditions of a development agreement,
11 strengthens the public planning process, encourages sound
12 capital improvement planning and financing, assists in
13 assuring there are adequate capital facilities for the
14 development, encourages private participation in comprehensive
15 planning, and reduces the economic costs of development.
16 Section 9. Subsections (1) through (13) of section
17 163.3221, Florida Statutes, are renumbered as subsections (2)
18 through (14), respectively, and a new subsection (1) is added
19 to said section to read:
20 163.3221 Definitions.--As used in ss.
21 163.3220-163.3243:
22 (1) "Brownfield designation" means a resolution
23 adopted by a local government pursuant to the Brownfields
24 Redevelopment Act, ss. 376.77-376.85.
25 Section 10. Subsection (1) of section 163.375, Florida
26 Statutes, is amended to read:
27 163.375 Eminent domain.--
28 (1) Any county or municipality, or any community
29 redevelopment agency pursuant to specific approval of the
30 governing body of the county or municipality which established
31 the agency, as provided by any county or municipal ordinance
29
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HOUSE AMENDMENT
612-137AX-05 Bill No. CS/CS/HB 17
Amendment No. (for drafter's use only)
1 has the right to acquire by condemnation any interest in real
2 property, including a fee simple title thereto, which it deems
3 necessary for, or in connection with, community redevelopment
4 and related activities under this part. Any county or
5 municipality, or any community redevelopment agency pursuant
6 to specific approval by the governing body of the county or
7 municipality which established the agency, as provided by any
8 county or municipal ordinance may exercise the power of
9 eminent domain in the manner provided in chapters 73 and 74
10 and acts amendatory thereof or supplementary thereto, or it
11 may exercise the power of eminent domain in the manner now or
12 which may be hereafter provided by any other statutory
13 provision for the exercise of the power of eminent domain.
14 Property in unincorporated enclaves surrounded by the
15 boundaries of a community redevelopment area may be acquired
16 when it is determined necessary by the agency to accomplish
17 the community redevelopment plan. Property already devoted to
18 a public use may be acquired in like manner. However, no real
19 property belonging to the United States, the state, or any
20 political subdivision of the state may be acquired without its
21 consent.
22 Section 11. Subsection (1) of section 165.041, Florida
23 Statutes, is amended to read:
24 165.041 Incorporation; merger.--
25 (1)(a) A charter for incorporation of a municipality,
26 except in case of a merger which is adopted as otherwise
27 provided in subsections (2) and (3), shall be adopted only by
28 a special act of the Legislature upon determination that the
29 standards herein provided have been met.
30 (b) To inform the Legislature on the feasibility of a
31 proposed incorporation of a municipality, a feasibility study
30
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HOUSE AMENDMENT
612-137AX-05 Bill No. CS/CS/HB 17
Amendment No. (for drafter's use only)
1 shall be completed and submitted to the Legislature 90 days
2 before the first day of the regular session of the Legislature
3 during which in conjunction with a proposed special act for
4 the enactment of the municipal charter would be enacted. The
5 Such feasibility study shall contain the following:
6 1. The general location of territory subject to
7 boundary change and a map of the area which identifies the
8 proposed change.
9 2. The major reasons for proposing the boundary
10 change.
11 3. The following characteristics of the area:
12 a. A list of the current land use designations applied
13 to the subject area in the county comprehensive plan.
14 b. A list of the current county zoning designations
15 applied to the subject area.
16 c. A general statement of present land use
17 characteristics of the area.
18 d. A description of development being proposed for the
19 territory, if any, and a statement of when actual development
20 is expected to begin, if known.
21 4. A list of all public agencies, such as local
22 governments, school districts, and special districts, whose
23 current boundary falls within the boundary of the territory
24 proposed for the change or reorganization.
25 5. A list of current services being provided within
26 the proposed incorporation area, including, but not limited
27 to, water, sewer, solid waste, transportation, public works,
28 law enforcement, fire and rescue, zoning, street lighting,
29 parks and recreation, and library and cultural facilities, and
30 the estimated costs for each current service.
31 6. A list of proposed services to be provided within
31
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HOUSE AMENDMENT
612-137AX-05 Bill No. CS/CS/HB 17
Amendment No. (for drafter's use only)
1 the proposed incorporation area, and the estimated cost of
2 such proposed services.
3 7. The names and addresses of three officers or
4 persons submitting the proposal.
5 8. Evidence of fiscal capacity and an organizational
6 plan as it relates to the area seeking incorporation that, at
7 a minimum, includes:
8 a. Existing tax bases, including ad valorem taxable
9 value, utility taxes, sales and use taxes, franchise taxes,
10 license and permit fees, charges for services, fines and
11 forfeitures, and other revenue sources, as appropriate.
12 b. A 5-year operational plan that, at a minimum,
13 includes proposed staffing, building acquisition and
14 construction, debt issuance, and budgets.
15 9.1. Data and analysis to support the conclusions that
16 incorporation is necessary and financially feasible, including
17 population projections and population density calculations,
18 and an explanation concerning methodologies used for such
19 analysis.
20 10.2. Evaluation of the alternatives available to the
21 area to address its policy concerns.
22 11.3. Evidence that the proposed municipality meets
23 the requirements for incorporation pursuant to s. 165.061.
24 (c) In counties that have adopted a municipal overlay
25 for municipal incorporation pursuant to s. 163.3217, such
26 information shall be submitted to the Legislature in
27 conjunction with any proposed municipal incorporation in the
28 county. This information should be used to evaluate the
29 feasibility of a proposed municipal incorporation in the
30 geographic area.
31 Section 12. Section 171.0413, Florida Statutes, is
32
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HOUSE AMENDMENT
612-137AX-05 Bill No. CS/CS/HB 17
Amendment No. (for drafter's use only)
1 amended to read:
2 171.0413 Annexation procedures.--Any municipality may
3 annex contiguous, compact, unincorporated territory in the
4 following manner:
5 (1) An ordinance proposing to annex an area of
6 contiguous, compact, unincorporated territory shall be adopted
7 by the governing body of the annexing municipality pursuant to
8 the procedure for the adoption of a nonemergency ordinance
9 established by s. 166.041. Prior to the adoption of the
10 ordinance of annexation, the local governing body shall hold
11 at least two advertised public hearings. The first public
12 hearing shall be on a weekday at least 7 days after the day
13 that the first advertisement is published. The second public
14 hearing shall be held on a weekday at least 5 days after the
15 day that the second advertisement is published. Each such
16 ordinance shall propose only one reasonably compact area to be
17 annexed. However, prior to the ordinance of annexation
18 becoming effective, a referendum on annexation shall be held
19 as set out below, and, if approved by the referendum, the
20 ordinance shall become effective 10 days after the referendum
21 or as otherwise provided in the ordinance, but not more than 1
22 year following the date of the referendum.
23 (2) Following the final adoption of the ordinance of
24 annexation by the governing body of the annexing municipality,
25 the ordinance shall be submitted to a vote of the registered
26 electors of the area proposed to be annexed. The governing
27 body of the annexing municipality may also choose to submit
28 the ordinance of annexation to a separate vote of the
29 registered electors of the annexing municipality. If the
30 proposed ordinance would cause the total area annexed by a
31 municipality pursuant to this section during any one calendar
33
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HOUSE AMENDMENT
612-137AX-05 Bill No. CS/CS/HB 17
Amendment No. (for drafter's use only)
1 year period cumulatively to exceed more than 5 percent of the
2 total land area of the municipality or cumulatively to exceed
3 more than 5 percent of the municipal population, the ordinance
4 shall be submitted to a separate vote of the registered
5 electors of the annexing municipality and of the area proposed
6 to be annexed. The referendum on annexation shall be called
7 and conducted and the expense thereof paid by the governing
8 body of the annexing municipality.
9 (a) The referendum on annexation shall be held at the
10 next regularly scheduled election following the final adoption
11 of the ordinance of annexation by the governing body of the
12 annexing municipality or at a special election called for the
13 purpose of holding the referendum. However, the referendum,
14 whether held at a regularly scheduled election or at a special
15 election, shall not be held sooner than 30 days following the
16 final adoption of the ordinance by the governing body of the
17 annexing municipality.
18 (b) The governing body of the annexing municipality
19 shall publish notice of the referendum on annexation at least
20 once each week for 2 consecutive weeks immediately preceding
21 the date of the referendum in a newspaper of general
22 circulation in the area in which the referendum is to be held.
23 The notice shall give the ordinance number, the time and
24 places for the referendum, and a brief, general description of
25 the area proposed to be annexed. The description shall
26 include a map clearly showing the area and a statement that
27 the complete legal description by metes and bounds and the
28 ordinance can be obtained from the office of the city clerk.
29 (c) On the day of the referendum on annexation there
30 shall be prominently displayed at each polling place a copy of
31 the ordinance of annexation and a description of the property
34
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HOUSE AMENDMENT
612-137AX-05 Bill No. CS/CS/HB 17
Amendment No. (for drafter's use only)
1 proposed to be annexed. The description shall be by metes and
2 bounds and shall include a map clearly showing such area.
3 (d) Ballots or mechanical voting devices used in the
4 referendum on annexation shall offer the choice "For
5 annexation of property described in ordinance number .... of
6 the City of ...." and "Against annexation of property
7 described in ordinance number .... of the City of ...." in
8 that order.
9 (e) If the referendum is held only in the area
10 proposed to be annexed and receives a majority vote, or if the
11 ordinance is submitted to a separate vote of the registered
12 electors of the annexing municipality and the area proposed to
13 be annexed and there is a separate majority vote for
14 annexation in the annexing municipality and in the area
15 proposed to be annexed, the ordinance of annexation shall
16 become effective on the effective date specified therein. If
17 there is any majority vote against annexation, the ordinance
18 shall not become effective, and the area proposed to be
19 annexed shall not be the subject of an annexation ordinance by
20 the annexing municipality for a period of 2 years from the
21 date of the referendum on annexation.
22 (3) Any parcel of land which is owned by one
23 individual, corporation, or legal entity, or owned
24 collectively by one or more individuals, corporations, or
25 legal entities, proposed to be annexed under the provisions of
26 this act shall not be severed, separated, divided, or
27 partitioned by the provisions of said ordinance, but shall, if
28 intended to be annexed, or if annexed, under the provisions of
29 this act, be annexed in its entirety and as a whole. However,
30 nothing herein contained shall be construed as affecting the
31 validity or enforceability of any ordinance declaring an
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Amendment No. (for drafter's use only)
1 intention to annex land under the existing law that has been
2 enacted by a municipality prior to July 1, 1975. The owner of
3 such property may waive the requirements of this subsection if
4 such owner does not desire all of the tract or parcel included
5 in said annexation.
6 (4) Except as otherwise provided in this law, the
7 annexation procedure as set forth in this section shall
8 constitute a uniform method for the adoption of an ordinance
9 of annexation by the governing body of any municipality in
10 this state, and all existing provisions of special laws which
11 establish municipal annexation procedures are repealed hereby;
12 except that any provision or provisions of special law or laws
13 which prohibit annexation of territory that is separated from
14 the annexing municipality by a body of water or watercourse
15 shall not be repealed.
16 (5) If more than 70 percent of the land in an area
17 proposed to be annexed is owned by individuals, corporations,
18 or legal entities which are not registered electors of such
19 area, such area shall not be annexed unless the owners of more
20 than 50 percent of the land in such area consent to such
21 annexation. Such consent shall be obtained by the parties
22 proposing the annexation prior to the referendum to be held on
23 the annexation.
24 (6) Notwithstanding subsections (1) and (2), if the
25 area proposed to be annexed does not have any registered
26 electors on the date the ordinance is finally adopted, a vote
27 of electors of the area proposed to be annexed is not
28 required. In addition to the requirements of subsection (5),
29 the area may not be annexed unless the owners of more than 50
30 percent of the parcels of land in the area proposed to be
31 annexed consent to the annexation. If the governing body does
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Amendment No. (for drafter's use only)
1 not choose to hold a referendum of the annexing municipality
2 is not required as well pursuant to subsection (2), then the
3 property owner consents required pursuant to subsection (5)
4 shall be obtained by the parties proposing the annexation
5 prior to the final adoption of the ordinance, and the
6 annexation ordinance shall be effective upon becoming a law or
7 as otherwise provided in the ordinance.
8 Section 13. Efficiency and accountability in local
9 government services.--
10 (1) The intent of this section is to provide and
11 encourage a process that will:
12 (a) Allow municipalities and counties to resolve
13 conflicts among local jurisdictions regarding the delivery and
14 financing of local services.
15 (b) Increase local government efficiency and
16 accountability.
17 (c) Provide greater flexibility in the use of local
18 revenue sources for local governments involved in the process.
19 (2) Any county or combination of counties, and the
20 municipalities therein, may use the procedures provided by
21 this section to develop and adopt a plan to improve the
22 efficiency, accountability, and coordination of the delivery
23 of local government services. The development of such a plan
24 may be initiated by a resolution adopted by a majority vote of
25 the governing body of each of the counties involved, by
26 resolutions adopted by a majority vote of the governing bodies
27 of a majority of the municipalities within each county, or by
28 resolutions adopted by a majority vote of the governing bodies
29 of the municipality or combination of municipalities
30 representing a majority of the municipal population of each
31 county. The resolution shall create a commission which will be
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Amendment No. (for drafter's use only)
1 responsible for developing the plan. The resolution shall
2 specify the composition of the commission, which shall include
3 representatives of county and municipal governments, of any
4 affected special districts, and of any other relevant local
5 government entities or agencies. The resolution must include
6 a proposed timetable for development of the plan and must
7 specify the local government support and personnel services
8 that will be made available to the representatives developing
9 the plan.
10 (3) Upon adoption of a resolution or resolutions as
11 provided in subsection (2), the designated representatives
12 shall develop a plan for delivery of local government
13 services. The plan must:
14 (a) Designate the areawide and local government
15 services that are the subject of the plan.
16 (b) Describe the existing organization of such
17 services and the means of financing the services, and create a
18 reorganization of such services and the financing thereof that
19 will meet the goals of this section.
20 (c) Designate the local agency that should be
21 responsible for the delivery of each service.
22 (d) Designate those services that should be delivered
23 regionally or countywide. No provision of the plan shall
24 operate to restrict the power of a municipality to finance and
25 deliver services in addition to, or at a higher level than,
26 the services designated for regional or countywide delivery
27 under this paragraph.
28 (e) Provide means to reduce the cost of providing
29 local services and enhance the accountability of service
30 providers.
31 (f) Include a multiyear capital outlay plan for
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Amendment No. (for drafter's use only)
1 infrastructure.
2 (g) Specifically describe any expansion of municipal
3 boundaries that would further the goals of this section. Any
4 area proposed to be annexed must meet the standards for
5 annexation provided in chapter 171, Florida Statutes. The plan
6 shall not contain any provision for contraction of municipal
7 boundaries or elimination of any municipality.
8 (h) Provide specific procedures for modification or
9 termination of the plan.
10 (i) Specify any special act modifications which must
11 be made to effectuate the plan.
12 (j) Specify the effective date of the plan.
13 (4)(a) A plan developed pursuant to this section must
14 conform to all comprehensive plans that have been found to be
15 in compliance under part II of chapter 163, Florida Statutes,
16 for the local governments participating in the plan.
17 (b) No provision of a plan developed pursuant to this
18 section shall restrict the authority of any state or regional
19 governmental agency to perform any duty required to be
20 performed by that agency by law.
21 (5)(a) A plan developed pursuant to this section must
22 be approved by a majority vote of the governing body of each
23 county involved in the plan, and by a majority vote of the
24 governing bodies of a majority of municipalities in each
25 county, and by a majority vote of the governing bodies of the
26 municipality or municipalities that represent a majority of
27 the municipal population of each county.
28 (b) After approval by the county and municipal
29 governing bodies as required by paragraph (a), the plan shall
30 be submitted for referendum approval in a countywide election
31 in each county involved. The plan shall not take effect unless
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Amendment No. (for drafter's use only)
1 approved by a majority of the electors of each county who vote
2 in the referendum, and also by a majority of the electors of
3 the municipalities that represent a majority of the municipal
4 population of each county who vote in the referendum. If
5 approved by the electors as required by this paragraph, the
6 plan shall take effect on the date specified in the plan.
7 (6) If the plan calls for merger or dissolution of
8 special districts, such merger or dissolution shall comply
9 with the provisions of chapter 189, Florida Statutes.
10 (7) If a plan developed pursuant to this section
11 includes areas proposed for municipal annexation which meet
12 the standards for annexation provided in chapter 171, Florida
13 Statutes, such annexation shall take effect upon approval of
14 the plan as provided in this section, notwithstanding the
15 procedures for approval of municipal annexation specified in
16 chapter 171, Florida Statutes.
17 Section 14. Subsection (2) of section 170.201, Florida
18 Statutes, 1998 Supplement, is amended to read:
19 170.201 Special assessments.--
20 (2) Property owned or occupied by a religious
21 institution and used as a place of worship or education; by a
22 public or private elementary, middle, or high school; or by a
23 governmentally financed, insured, or subsidized housing
24 facility that is used primarily for persons who are elderly or
25 disabled shall be exempt from any special assessment levied by
26 a municipality to fund any service emergency medical services
27 if the municipality so desires. As used in this subsection,
28 the term "religious institution" means any church, synagogue,
29 or other established physical place for worship at which
30 nonprofit religious services and activities are regularly
31 conducted and carried on and the term "governmentally
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Amendment No. (for drafter's use only)
1 financed, insured, or subsidized housing facility" means a
2 facility that is financed by a mortgage loan made or insured
3 by the United States Department of Housing and Urban
4 Development under s. 8, s. 202, s. 221(d)(3) or (4), s. 232,
5 or s. 236 of the National Housing Act and is owned or operated
6 by an entity that qualifies as an exempt charitable
7 organization under s. 501(c)(3) of the Internal Revenue Code.
8 Section 15. Section 196.1978, Florida Statutes, is
9 created to read:
10 196.1978 Low-income housing property
11 exemption.--Property used to provide housing pursuant to any
12 state housing program authorized under chapter 420 to
13 low-income or very-low-income persons as defined by s.
14 420.0004, which property is owned entirely by a nonprofit
15 corporation which is qualified as charitable under s.
16 501(c)(3) of the Internal Revenue Code and which complies with
17 Rev. Proc. 96-32, 1996-1 C.B. 717, shall be considered
18 property owned by an exempt entity and used for a charitable
19 purpose, and such property shall be exempt from ad valorem
20 taxation. All property identified in this section shall comply
21 with the criteria for determination of exempt status to be
22 applied by property appraisers on an annual basis as defined
23 in s. 196.195.
24 Section 16. Section 220.185, Florida Statutes, is
25 created to read:
26 220.185 State housing tax credit.--
27 (1) LEGISLATIVE FINDINGS.--The Legislature finds that:
28 (a) There exist within the urban areas of the state
29 conditions of blight evidenced by extensive deterioration of
30 public and private facilities, abandonment of sound
31 structures, and high unemployment, and these conditions impede
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Amendment No. (for drafter's use only)
1 the conservation and development of healthy, safe, and
2 economically viable communities.
3 (b) Deterioration of housing and industrial,
4 commercial, and public facilities contributes to the decline
5 of neighborhoods and communities and leads to the loss of
6 their historic character and the sense of community which this
7 inspires; reduces the value of property comprising the tax
8 base of local communities; discourages private investment; and
9 requires a disproportionate expenditure of public funds for
10 the social services, unemployment benefits, and police
11 protection required to combat the social and economic problems
12 found in urban communities.
13 (c) In order to ultimately restore social and economic
14 viability to urban areas, it is necessary to renovate or
15 construct new infrastructure and housing, including housing
16 specifically targeted for the elderly, and to specifically
17 provide mechanisms to attract and encourage private economic
18 activity.
19 (d) The various local governments and other
20 redevelopment organizations now undertaking physical
21 revitalization projects and new housing developments in urban
22 areas are limited by tightly constrained budgets and
23 inadequate resources.
24 (e) In order to significantly improve revitalization
25 efforts by local governments and community development
26 organizations and to retain as much of the historic character
27 of our communities as possible, it is necessary to provide
28 additional resources, and the participation of private
29 enterprise in revitalization efforts is an effective means for
30 accomplishing that goal.
31 (2) POLICY AND PURPOSE.--It is the policy of this
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Amendment No. (for drafter's use only)
1 state to encourage the participation of private corporations
2 in revitalization projects within urban areas. The purpose of
3 this section is to provide an incentive for such participation
4 by granting state corporate income tax credits to qualified
5 low-income housing projects, including housing specifically
6 designed for the elderly, and associated mixed-use projects.
7 The Legislature thus declares this a public purpose for which
8 public money may be borrowed, expended, loaned, and granted.
9 (3) DEFINITIONS.--As used in this section:
10 (a) "Credit period" means the period of 5 years
11 beginning with the year the project is completed.
12 (b) "Eligible basis" means the adjusted basis of the
13 housing portion of a qualified project as of the close of the
14 first taxable year of the credit period.
15 (c) "Adjusted basis" means the owner's adjusted basis
16 in the project, calculated in a manner consistent with the
17 calculation of basis under the Internal Revenue Code, taking
18 into account the adjusted basis of property of a character
19 subject to the allowance for depreciation used in common areas
20 or provided as comparable amenities to the entire project.
21 (d) "Designated project" means a qualified project
22 designated pursuant to s. 420.5093 to receive the tax credit
23 under this section.
24 (e) "Qualified project" means a project located in an
25 urban infill area, at least 50 percent of which, on a cost
26 basis, consists of a qualified low-income housing project
27 within the meaning of s. 42(g) of the Internal Revenue Code,
28 including such projects designed specifically for the elderly
29 but excluding any income restrictions imposed pursuant to s.
30 42(g) of the Internal Revenue Code upon residents of the
31 project unless such restrictions are otherwise established by
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HOUSE AMENDMENT
612-137AX-05 Bill No. CS/CS/HB 17
Amendment No. (for drafter's use only)
1 the Florida Housing Finance Corporation pursuant to s.
2 420.5093, and the remainder of which constitutes commercial or
3 single-family residential development consistent with and
4 serving to complement the qualified low-income project.
5 (f) "Urban infill area" means an area designated for
6 urban infill as defined by s. 163.3164.
7 (4) AUTHORIZATION TO GRANT STATE HOUSING TAX CREDITS;
8 LIMITATION.--
9 (a) There shall be allowed a credit of 9 percent of
10 the eligible basis of any designated project for each year of
11 the credit period against any tax due for a taxable year under
12 this chapter.
13 (b) The total amount of tax credits allocated for all
14 projects shall not exceed the amount appropriated for the
15 State Housing Tax Credit Program in the General Appropriations
16 Act. The total tax credits allocated is defined as the total
17 credits pledged over a 5-year period for all projects.
18 (c) The tax credit shall be allocated among designated
19 projects by the Florida Housing Finance Corporation as
20 provided in s. 420.5093.
21 (d) Each designated project must comply with the
22 applicable provisions of s. 42 of the Internal Revenue Code
23 with respect to the multifamily residential rental housing
24 element of the project, including specifically the provisions
25 of s. 42(h)(6).
26 (e) A tax credit shall be allocated to a designated
27 project and shall not be subject to transfer by the recipient
28 unless the transferee is also an owner of the designated
29 project.
30 Section 17. Section 420.5093, Florida Statutes, is
31 created to read:
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612-137AX-05 Bill No. CS/CS/HB 17
Amendment No. (for drafter's use only)
1 420.5093 State Housing Tax Credit Program.--
2 (1) There is created the State Housing Tax Credit
3 Program for the purposes of stimulating creative private
4 sector initiatives to increase the supply of affordable
5 housing in urban areas, including specifically housing for the
6 elderly, and to provide associated commercial facilities
7 associated with such housing facilities.
8 (2) The Florida Housing Finance Corporation shall
9 determine those qualified projects which shall be considered
10 designated projects under s. 220.185 and eligible for the
11 corporate tax credit under that section. The corporation shall
12 establish procedures necessary for proper allocation and
13 distribution of state housing tax credits, including the
14 establishment of criteria for any single-family or commercial
15 component of a project, and may exercise all powers necessary
16 to administer the allocation of such credits. The board of
17 directors of the corporation shall administer the allocation
18 procedures and determine allocations on behalf of the
19 corporation. The corporation shall prepare an annual plan,
20 which must be approved by the Governor, containing general
21 guidelines for the allocation and distribution of credits to
22 designated projects.
23 (3) The corporation shall adopt allocation procedures
24 that will ensure the maximum use of available tax credits in
25 order to encourage development of low-income housing and
26 associated mixed-use projects in urban areas, taking into
27 consideration the timeliness of the application, the location
28 of the proposed project, the relative need in the area of
29 revitalization and low-income housing and the availability of
30 such housing, the economic feasibility of the project, and the
31 ability of the applicant to proceed to completion of the
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Amendment No. (for drafter's use only)
1 project in the calendar year for which the credit is sought.
2 (4)(a) A taxpayer who wishes to participate in the
3 State Housing Tax Credit Program must submit an application
4 for tax credit to the corporation. The application shall
5 identify the project and its location and include evidence
6 that the project is a qualified project as defined in s.
7 220.185. The corporation may request any information from an
8 applicant necessary to enable the corporation to make tax
9 credit allocations according to the guidelines set forth in
10 subsection (3).
11 (b) The corporation's approval of an applicant as a
12 designated project shall be in writing and shall include a
13 statement of the maximum credit allowable to the applicant. A
14 copy of this approval shall be transmitted to the executive
15 director of the Department of Revenue, who shall apply the tax
16 credit to the tax liability of the applicant.
17 (5) For purposes of implementing this program and
18 assessing the property for ad valorem taxation under s.
19 193.011, neither the tax credits nor financing generated by
20 tax credits shall be considered as income to the property, and
21 the rental income from rent-restricted units in a state
22 housing tax credit development shall be recognized by the
23 property appraiser.
24 (6) The corporation is authorized to expend fees
25 received in conjunction with the allocation of state housing
26 tax credits only for the purpose of administration of the
27 program, including private legal services which relate to
28 interpretation of s. 42 of the Internal Revenue Code.
29 Section 18. Subsection (19) of section 420.503,
30 Florida Statutes, 1998 Supplement, is amended to read:
31 420.503 Definitions.--As used in this part, the term:
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612-137AX-05 Bill No. CS/CS/HB 17
Amendment No. (for drafter's use only)
1 (19) "Housing for the elderly" means, for purposes of
2 s. 420.5087(3)(c)2., any nonprofit housing community that is
3 financed by a mortgage loan made or insured by the United
4 States Department of Housing and Urban Development under s.
5 202, s. 202 with a s. 8 subsidy, s. 221(d)(3) or (4), or s.
6 236 of the National Housing Act, as amended, and that is
7 subject to income limitations established by the United States
8 Department of Housing and Urban Development, or any program
9 funded by the Rural Development Agency of the United States
10 Department of Agriculture and subject to income limitations
11 established by the United States Department of Agriculture. A
12 project which qualifies for an exemption under the Fair
13 Housing Act as housing for older persons as defined by s.
14 760.29(4) shall qualify as housing for the elderly for
15 purposes of s. 420.5087(3)(c)2. In addition, if the
16 corporation adopts a qualified allocation plan pursuant to s.
17 42(m)(1)(B) of the Internal Revenue Code or any other rules
18 that prioritize projects targeting the elderly for purposes of
19 allocating tax credits pursuant to s. 420.5099 or for purposes
20 of the HOME program under s. 420.5089, a project which
21 qualifies for an exemption under the Fair Housing Act as
22 housing for older persons as defined by s. 760.29(4) shall
23 qualify as a project targeted for the elderly, if the project
24 satisfies the other requirements set forth in this part.
25 Section 19. Subsections (1) and (5) of section
26 420.5087, Florida Statutes, 1998 Supplement, are amended to
27 read:
28 420.5087 State Apartment Incentive Loan
29 Program.--There is hereby created the State Apartment
30 Incentive Loan Program for the purpose of providing first,
31 second, or other subordinated mortgage loans or loan
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612-137AX-05 Bill No. CS/CS/HB 17
Amendment No. (for drafter's use only)
1 guarantees to sponsors, including for-profit, nonprofit, and
2 public entities, to provide housing affordable to
3 very-low-income persons.
4 (1) Program funds shall be distributed over successive
5 3-year periods in a manner that meets the need and demand for
6 very-low-income housing throughout the state. That need and
7 demand must be determined by using the most recent statewide
8 low-income rental housing market studies available at the
9 beginning of each 3-year period. However, at least 10 percent
10 of the program funds distributed during a 3-year period must
11 be allocated to each of the following categories of counties,
12 as determined by using the population statistics published in
13 the most recent edition of the Florida Statistical Abstract:
14 (a) Counties that have a population of more than
15 500,000 people;
16 (b) Counties that have a population between 100,000
17 and 500,000 people; and
18 (c) Counties that have a population of 100,000 or
19 less.
20
21 Any increase in funding required to reach the 10-percent
22 minimum shall be taken from the county category that has the
23 largest allocation. The corporation shall adopt rules which
24 establish an equitable process for distributing any portion of
25 the 10 percent of program funds allocated to the county
26 categories specified in this subsection which remains
27 unallocated at the end of a 3-year period. Counties that have
28 a population of 100,000 or less shall be given preference
29 under these rules.
30 (5) The amount of the mortgage provided under this
31 program combined with any other mortgage in a superior
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612-137AX-05 Bill No. CS/CS/HB 17
Amendment No. (for drafter's use only)
1 position shall be less than the value of the project without
2 the housing set-aside required by subsection (2). However, the
3 corporation may waive this requirement for projects in rural
4 areas or urban infill areas which have market rate rents that
5 are less than the allowable rents pursuant to applicable state
6 and federal guidelines. In no event shall the mortgage
7 provided under this program combined with any other mortgage
8 in a superior position exceed total project cost.
9 Section 20. Sections 420.630, 420.631, 420.632,
10 420.633, 420.634, and 420.635, Florida Statutes, are created
11 to read:
12 420.630 Short title.--Sections 420.630-420.635 may be
13 cited as the "Urban Homesteading Act."
14 420.631 Definitions.--As used in ss. 420.630-420.635:
15 (1) "Authority" or "housing authority" means any of
16 the public corporations created under s. 421.04.
17 (2) "Department" means the Department of Community
18 Affairs.
19 (3) "Homestead agreement" means a written contract
20 between a local government or its designee and a qualified
21 buyer which contains the terms under which the qualified buyer
22 may acquire a single-family housing property.
23 (4) "Local government" means any county or
24 incorporated municipality within this state.
25 (5) "Designee" means a housing authority appointed by
26 a local government, or a nonprofit community organization
27 appointed by a local government, to administer the urban
28 homesteading program for single-family housing under ss.
29 420.630-420.635.
30 (6) "Nonprofit community organization" means an
31 organization that is exempt from taxation under s. 501(c)(3)
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612-137AX-05 Bill No. CS/CS/HB 17
Amendment No. (for drafter's use only)
1 of the Internal Revenue Code.
2 (7) "Office" means the Office of Urban Opportunity
3 within the Office of Tourism, Trade, and Economic Development.
4 (8) "Qualified buyer" means a person who meets the
5 criteria under s. 420.633.
6 (9) "Qualified loan rate" means an interest rate that
7 does not exceed the interest rate charged for home improvement
8 loans by the Federal Housing Administration under Title I of
9 the National Housing Act, ch. 847, 48 Stat. 1246, or 12 U.S.C.
10 ss. 1702, 1703, 1705, and 1706b et seq.
11 420.632 Authority to operate.--By resolution, subject
12 to federal and state law, and in consultation with the Office
13 of Urban Opportunity, a local government or its designee may
14 operate a program that makes foreclosed single-family housing
15 properties available to qualified buyers to purchase. This
16 urban homesteading program is intended to be one component of
17 a comprehensive urban-core redevelopment initiative known as
18 Front Porch Florida, implemented by the Office of Urban
19 Opportunity.
20 420.633 Eligibility.--An applicant is eligible to
21 enter into a homestead agreement to acquire single-family
22 housing property as a qualified buyer under ss.
23 420.630-420.635 if:
24 (1) The applicant or his or her spouse is employed and
25 has been employed for the immediately preceding 12 months;
26 (2) The applicant or his or her spouse has not been
27 convicted of a drug-related felony within the immediately
28 preceding 3 years;
29 (3) All school-age children of the applicant or his or
30 her spouse who will reside in the single-family housing
31 property attend school regularly; and
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612-137AX-05 Bill No. CS/CS/HB 17
Amendment No. (for drafter's use only)
1 (4) The applicant and his or her spouse have incomes
2 below the median for the state, as determined by the United
3 States Department of Housing and Urban Development, for
4 families with the same number of family members as the
5 applicant and his or her spouse.
6 420.634 Application process; deed to qualified
7 buyer.--
8 (1) A qualified buyer may apply to a local government
9 or its designee to acquire single-family housing property. The
10 application must be in a form and in a manner provided by the
11 local government or its designee. If the application is
12 approved, the qualified buyer and the local government or its
13 designee shall enter into a homestead agreement for the
14 single-family housing property. The local government or its
15 designee may add additional terms and conditions to the
16 homestead agreement.
17 (2) The local government or its designee shall deed or
18 cause to be deeded the single-family housing property to the
19 qualified buyer for $1 if the qualified buyer:
20 (a) Is in compliance with the terms of the homestead
21 agreement for at least 5 years or has resided in the
22 single-family housing property before the local government or
23 its designee adopts the urban homesteading program;
24 (b) Resides in that property for at least 5 years;
25 (c) Meets the criteria in the homestead agreement; and
26 (d) Has otherwise promptly met his or her financial
27 obligations with the local government or its designee.
28
29 However, if the local government or its designee has received
30 federal funds for which bonds or notes were issued and those
31 bonds or notes are outstanding for the housing project where
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HOUSE AMENDMENT
612-137AX-05 Bill No. CS/CS/HB 17
Amendment No. (for drafter's use only)
1 the single-family housing property is located, the local
2 government or its designee shall deed the property to the
3 qualified buyer only upon payment of the pro rata share of the
4 bonded debt on that specific property by the qualified buyer.
5 The local government or its designee shall obtain the
6 appropriate releases from the holders of the bonds or notes.
7 420.635 Loans to qualified buyers.--Contingent upon an
8 appropriation, the department, in consultation with the Office
9 of Urban Opportunity, shall provide loans to qualified buyers
10 who are required to pay the pro rata portion of the bonded
11 debt on single-family housing pursuant to s. 420.634. Loans
12 provided under this section shall be made at a rate of
13 interest which does not exceed the qualified loan rate. A
14 buyer must maintain the qualifications specified in s. 420.633
15 for the full term of the loan. The loan agreement may contain
16 additional terms and conditions as determined by the
17 department.
18 Section 21. This act shall take effect July 1, 1999.
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20
21 ================ T I T L E A M E N D M E N T ===============
22 And the title is amended as follows:
23 remove from the title of the bill: the entire title
24
25 and insert in lieu thereof:
26 A bill to be entitled
27 An act relating to community revitalization;
28 creating ss. 163.2511, 163.2514, 163.2517,
29 163.2520, 163.2523, and 163.2526, F.S., the
30 Growth Policy Act; providing legislative
31 findings; providing definitions; authorizing
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HOUSE AMENDMENT
612-137AX-05 Bill No. CS/CS/HB 17
Amendment No. (for drafter's use only)
1 counties and municipalities to designate urban
2 infill and redevelopment areas based on
3 specified criteria; providing for community and
4 neighborhood participation; requiring
5 preparation of a plan or designation of an
6 existing plan and providing requirements with
7 respect thereto; providing for amendment of the
8 local comprehensive plan to delineate area
9 boundaries; providing for adoption of the plan
10 by ordinance; providing requirements for
11 continued eligibility for economic and
12 regulatory incentives and providing that such
13 incentives may be rescinded if the plan is not
14 implemented; providing that counties and
15 municipalities that have adopted such plan may
16 issue revenue bonds and employ tax increment
17 financing under the Community Redevelopment Act
18 and exercise powers granted to community
19 redevelopment neighborhood improvement
20 districts; requiring a report by certain state
21 agencies; providing that such areas shall have
22 priority in the allocation of private activity
23 bonds; providing a program for grants to
24 counties and municipalities with urban infill
25 and redevelopment areas; providing for review
26 and evaluation of the act and requiring a
27 report; amending s. 163.3164, F.S.; revising
28 the definition of "projects that promote public
29 transportation" under the Local Government
30 Comprehensive Planning and Land Development
31 Regulation Act; amending s. 163.3177, F.S.;
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HOUSE AMENDMENT
612-137AX-05 Bill No. CS/CS/HB 17
Amendment No. (for drafter's use only)
1 modifying the date by which local government
2 comprehensive plans must comply with school
3 siting requirements, and the consequences of
4 failure to comply; amending s. 163.3180, F.S.;
5 specifying that the concurrency requirement
6 applies to transportation facilities; providing
7 requirements with respect to measuring level of
8 service for specified transportation modes and
9 multimodal analysis; providing that the
10 concurrency requirement does not apply to
11 public transit facilities; authorizing
12 exemptions from the transportation facilities
13 concurrency requirement for developments
14 located in an urban infill and redevelopment
15 area; specifying the parties that may request
16 certain exemptions from the transportation
17 facilities concurrency requirement; revising
18 requirements for establishment of
19 level-of-service standards for certain
20 facilities on the Florida Intrastate Highway
21 System; providing that a multiuse development
22 of regional impact may satisfy certain
23 transportation concurrency requirements by
24 payment of a proportionate-share contribution
25 for traffic impacts under certain conditions;
26 authorizing establishment of multimodal
27 transportation districts in certain areas under
28 a local comprehensive plan, providing for
29 certain multimodal level-of-service standards,
30 and providing requirements with respect
31 thereto; providing for issuance of development
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HOUSE AMENDMENT
612-137AX-05 Bill No. CS/CS/HB 17
Amendment No. (for drafter's use only)
1 permits; authorizing reduction of certain fees
2 for development in such districts; amending s.
3 163.3187, F.S.; providing that comprehensive
4 plan amendments to designate urban infill and
5 redevelopment areas are not subject to
6 statutory limits on the frequency of plan
7 amendments; including such areas within certain
8 limitations relating to small scale development
9 amendments; amending s. 187.201, F.S.;
10 including policies relating to urban policy in
11 the State Comprehensive Plan; amending s.
12 380.06, F.S., relating to developments of
13 regional impact; increasing certain numerical
14 standards for determining a substantial
15 deviation for projects located in certain urban
16 infill and redevelopment areas; amending ss.
17 163.3220 and 163.3221, F.S.; revising
18 legislative intent with respect to the Florida
19 Local Government Development Agreement Act to
20 include intent with respect to certain
21 assurance to a developer upon receipt of a
22 brownfield designation; amending s. 163.375,
23 F.S.; authorizing acquisition by eminent domain
24 of property in unincorporated enclaves
25 surrounded by a community redevelopment area
26 when necessary to accomplish a community
27 development plan; amending s. 165.041, F.S.;
28 specifying the date for submission to the
29 Legislature of a feasibility study in
30 connection with a proposed municipal
31 incorporation and revising requirements for
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HOUSE AMENDMENT
612-137AX-05 Bill No. CS/CS/HB 17
Amendment No. (for drafter's use only)
1 such study; amending s. 171.0413, F.S.,
2 relating to municipal annexation procedures;
3 requiring public hearings; deleting a
4 requirement that a separate referendum be held
5 in the annexing municipality when the
6 annexation exceeds a certain size and providing
7 that the governing body may choose to hold such
8 a referendum; providing procedures by which a
9 county or combination of counties and the
10 municipalities therein may develop and adopt a
11 plan to improve the efficiency, accountability,
12 and coordination of the delivery of local
13 government services; providing for initiation
14 of the process by resolution; providing
15 requirements for the plan; requiring approval
16 by the local governments' governing bodies and
17 by referendum; authorizing municipal annexation
18 through such plan; amending s. 170.201, F.S.;
19 revising provisions which authorize a
20 municipality to exempt property owned or
21 occupied by certain religious or educational
22 institutions or housing facilities from special
23 assessments for emergency medical services;
24 extending application of such provisions to any
25 service; creating s. 196.1978, F.S.; providing
26 that property used to provide housing for
27 certain persons under ch. 420, F.S., and owned
28 by certain nonprofit corporations is exempt
29 from ad valorem taxation; creating ss. 220.185
30 and 420.5093, F.S.; creating the State Housing
31 Tax Credit Program; providing legislative
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HOUSE AMENDMENT
612-137AX-05 Bill No. CS/CS/HB 17
Amendment No. (for drafter's use only)
1 findings and policy; providing definitions;
2 providing for a credit against the corporate
3 income tax in an amount equal to a percentage
4 of the eligible basis of certain housing
5 projects; providing a limitation; providing for
6 allocation of credits and administration by the
7 Florida Housing Finance Corporation; providing
8 for an annual plan; providing application
9 procedures; providing that neither tax credits
10 nor financing generated thereby shall be
11 considered income for ad valorem tax purposes;
12 providing for recognition of certain income by
13 the property appraiser; amending s. 420.503,
14 F.S.; providing that certain projects shall
15 qualify as housing for the elderly for purposes
16 of certain loans under the State Apartment
17 Incentive Loan Program, and shall qualify as a
18 project targeted for the elderly in connection
19 with allocation of low-income housing tax
20 credits and with the HOME program under certain
21 conditions; amending s. 420.5087, F.S.;
22 directing the Florida Housing Finance
23 Corporation to adopt rules for the equitable
24 distribution of certain unallocated funds under
25 the State Apartment Incentive Loan Program;
26 authorizing the corporation to waive a mortgage
27 limitation under said program for projects in
28 certain areas; creating ss. 420.630, 420.631,
29 420.632, 420.633, 420.634, and 420.635, F.S.,
30 the Urban Homesteading Act; providing
31 definitions; authorizing a local government or
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HOUSE AMENDMENT
612-137AX-05 Bill No. CS/CS/HB 17
Amendment No. (for drafter's use only)
1 its designee to operate a program to make
2 foreclosed single-family housing available for
3 purchase by qualified buyers; providing
4 eligibility requirements; providing application
5 procedures; providing conditions under which
6 such property may be deeded to a qualified
7 buyer; requiring payment of a pro rata share of
8 certain bonded debt under certain conditions
9 and providing for loans to buyers who are
10 required to make such payment; providing an
11 effective date.
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