Senate Bill 0324c1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 324
By the Committee on Comprehensive Planning, Local and Military
Affairs; and Senator Jones
316-1950-00
1 A bill to be entitled
2 An act relating to affordable housing; amending
3 s. 163.3187, F.S.; allowing small scale
4 development amendments involving affordable
5 housing within an area of critical state
6 concern; providing an effective date.
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8 Be It Enacted by the Legislature of the State of Florida:
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10 Section 1. Paragraph (c) of subsection (1) of section
11 163.3187, Florida Statutes, is amended to read:
12 163.3187 Amendment of adopted comprehensive plan.--
13 (1) Amendments to comprehensive plans adopted pursuant
14 to this part may be made not more than two times during any
15 calendar year, except:
16 (c) Any local government comprehensive plan amendments
17 directly related to proposed small scale development
18 activities may be approved without regard to statutory limits
19 on the frequency of consideration of amendments to the local
20 comprehensive plan. A small scale development amendment may
21 be adopted only under the following conditions:
22 1. The proposed amendment involves a use of 10 acres
23 or fewer and:
24 a. The cumulative annual effect of the acreage for all
25 small scale development amendments adopted by the local
26 government shall not exceed:
27 (I) A maximum of 120 acres in a local government that
28 contains areas specifically designated in the local
29 comprehensive plan for urban infill, urban redevelopment, or
30 downtown revitalization as defined in s. 163.3164, urban
31 infill and redevelopment areas designated under s. 163.2517,
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Florida Senate - 2000 CS for SB 324
316-1950-00
1 transportation concurrency exception areas approved pursuant
2 to s. 163.3180(5), or regional activity centers and urban
3 central business districts approved pursuant to s.
4 380.06(2)(e); however, amendments under this paragraph may be
5 applied to no more than 60 acres annually of property outside
6 the designated areas listed in this sub-sub-subparagraph.
7 (II) A maximum of 80 acres in a local government that
8 does not contain any of the designated areas set forth in
9 sub-sub-subparagraph (I).
10 (III) A maximum of 120 acres in a county established
11 pursuant to s. 9, Art. VIII of the State Constitution.
12 b. The proposed amendment does not involve the same
13 property granted a change within the prior 12 months.
14 c. The proposed amendment does not involve the same
15 owner's property within 200 feet of property granted a change
16 within the prior 12 months.
17 d. The proposed amendment does not involve a text
18 change to the goals, policies, and objectives of the local
19 government's comprehensive plan, but only proposes a land use
20 change to the future land use map for a site-specific small
21 scale development activity.
22 e. The property that is the subject of the proposed
23 amendment is not located within an area of critical state
24 concern, unless the project subject to the proposed amendment
25 involves the construction of affordable housing units under an
26 affordable housing program financed through chapter 420 or
27 part IV of chapter 159 and is located within an area of
28 critical state concern designated by s. 380.0552 or by the
29 Administration Commission pursuant to s. 380.05(1). Such
30 amendment is not subject to the density limitations of s.
31 163.3187(1)(c)1.f., and shall be reviewed by the state land
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Florida Senate - 2000 CS for SB 324
316-1950-00
1 planning agency for consistency with the principles for
2 guiding development applicable to the area of critical state
3 concern to which the amendment relates and shall not become
4 effective until a final order is issued under s. 380.05(6).
5 f. If the proposed amendment involves a residential
6 land use, the residential land use has a density of 10 units
7 or less per acre, except that this limitation does not apply
8 to small scale amendments described in sub-sub-subparagraph
9 a.(I) that are designated in the local comprehensive plan for
10 urban infill, urban redevelopment, or downtown revitalization
11 as defined in s. 163.3164, urban infill and redevelopment
12 areas designated under s. 163.2517, transportation concurrency
13 exception areas approved pursuant to s. 163.3180(5), or
14 regional activity centers and urban central business districts
15 approved pursuant to s. 380.06(2)(e).
16 2.a. A local government that proposes to consider a
17 plan amendment pursuant to this paragraph is not required to
18 comply with the procedures and public notice requirements of
19 s. 163.3184(15)(c) for such plan amendments if the local
20 government complies with the provisions in s. 125.66(4)(a) for
21 a county or in s. 166.041(3)(c) for a municipality. If a
22 request for a plan amendment under this paragraph is initiated
23 by other than the local government, public notice is required.
24 b. The local government shall send copies of the
25 notice and amendment to the state land planning agency, the
26 regional planning council, and any other person or entity
27 requesting a copy. This information shall also include a
28 statement identifying any property subject to the amendment
29 that is located within a coastal high hazard area as
30 identified in the local comprehensive plan.
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Florida Senate - 2000 CS for SB 324
316-1950-00
1 3. Small scale development amendments adopted pursuant
2 to this paragraph require only one public hearing before the
3 governing board, which shall be an adoption hearing as
4 described in s. 163.3184(7), and are not subject to the
5 requirements of s. 163.3184(3)-(6) unless the local government
6 elects to have them subject to those requirements.
7 Section 2. This act shall take effect July 1, 2000.
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9 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
10 SB 324
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12 Provides an exception to s. 163.3187(1)(c), F.S., allowing
comprehensive plan amendments involving affordable housing
13 projects located in eligible areas of critical state concern
to be treated as small-scale amendments.
14
Defines those areas of critical state concern which may use
15 the exception created by the CS as those designated by s.
380.0552, F.S., or by the Administration Commission under s.
16 380.05(1), F.S.
17 Defines affordable housing in terms of units financed under an
affordable housing program financed through chapter 420 or
18 part IV of chapter 159, F.S.
19 Provides that these amendments are not subject to the density
limitation of s. 163.3187(1)(c)1.f., F.S., of 10 units per
20 acre for residential development, and that the amendments must
be reviewed by the Department of Community Affairs for
21 consistency with the principles guiding development applicable
to the relevant area of critical state concern.
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Provides that the comprehensive plan amendment for the
23 affordable housing project in the applicable areas of critical
state concern shall not become effective until the Department
24 of Community Affairs issues a final order under s. 380.05(6),
F.S.
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