| 1 | Representative Davis, M. offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove lines 118-616 and insert: |
| 5 | to the provisions of paragraph (11)(d), as overlays on the |
| 6 | future land use map. Each future land use category must be |
| 7 | defined in terms of uses included, and must include standards to |
| 8 | be followed in the control and distribution of population |
| 9 | densities and building and structure intensities. The proposed |
| 10 | distribution, location, and extent of the various categories of |
| 11 | land use shall be shown on a land use map or map series which |
| 12 | shall be supplemented by goals, policies, and measurable |
| 13 | objectives. The future land use plan shall be based upon |
| 14 | surveys, studies, and data regarding the area, including the |
| 15 | amount of land required to accommodate anticipated growth; the |
| 16 | projected population of the area; the character of undeveloped |
| 17 | land; the availability of public services; the need for |
| 18 | redevelopment, including the renewal of blighted areas and the |
| 19 | elimination of nonconforming uses which are inconsistent with |
| 20 | the character of the community; and, in rural communities, the |
| 21 | need for job creation, capital investment, and economic |
| 22 | development that will strengthen and diversify the community's |
| 23 | economy. The future land use plan may designate areas for future |
| 24 | planned development use involving combinations of types of uses |
| 25 | for which special regulations may be necessary to ensure |
| 26 | development in accord with the principles and standards of the |
| 27 | comprehensive plan and this act. In addition, for rural |
| 28 | communities, the amount of land designated for future planned |
| 29 | industrial use shall be based upon surveys and studies that |
| 30 | reflect the need for job creation, capital investment, and the |
| 31 | necessity to strengthen and diversify the local economies, and |
| 32 | shall not be limited solely by the projected population of the |
| 33 | rural community. The future land use plan of a county may also |
| 34 | designate areas for possible future municipal incorporation. The |
| 35 | land use maps or map series shall generally identify and depict |
| 36 | historic district boundaries and shall designate historically |
| 37 | significant properties meriting protection. The future land use |
| 38 | element must clearly identify the land use categories in which |
| 39 | public schools are an allowable use. When delineating the land |
| 40 | use categories in which public schools are an allowable use, a |
| 41 | local government shall include in the categories sufficient land |
| 42 | proximate to residential development to meet the projected needs |
| 43 | for schools in coordination with public school boards and may |
| 44 | establish differing criteria for schools of different type or |
| 45 | size. Each local government shall include lands contiguous to |
| 46 | existing school sites, to the maximum extent possible, within |
| 47 | the land use categories in which public schools are an allowable |
| 48 | use. All comprehensive plans must comply with the school siting |
| 49 | requirements of this paragraph no later than October 1, 1999. |
| 50 | The failure by a local government to comply with these school |
| 51 | siting requirements by October 1, 1999, will result in the |
| 52 | prohibition of the local government's ability to amend the local |
| 53 | comprehensive plan, except for plan amendments described in s. |
| 54 | 163.3187(1)(b), until the school siting requirements are met. |
| 55 | Amendments proposed by a local government for purposes of |
| 56 | identifying the land use categories in which public schools are |
| 57 | an allowable use or for adopting or amending the school-siting |
| 58 | maps pursuant to s. 163.31776(3) are exempt from the limitation |
| 59 | on the frequency of plan amendments contained in s. 163.3187. |
| 60 | The future land use element shall include criteria that |
| 61 | encourage the location of schools proximate to urban residential |
| 62 | areas to the extent possible and shall require that the local |
| 63 | government seek to collocate public facilities, such as parks, |
| 64 | libraries, and community centers, with schools to the extent |
| 65 | possible and to encourage the use of elementary schools as focal |
| 66 | points for neighborhoods. For schools serving predominantly |
| 67 | rural counties, defined as a county with a population of 100,000 |
| 68 | or fewer, an agricultural land use category shall be eligible |
| 69 | for the location of public school facilities if the local |
| 70 | comprehensive plan contains school siting criteria and the |
| 71 | location is consistent with such criteria. |
| 72 | (c) A general sanitary sewer, solid waste, drainage, |
| 73 | potable water, and natural groundwater aquifer recharge element |
| 74 | correlated to principles and guidelines for future land use, |
| 75 | indicating ways to provide for future potable water, drainage, |
| 76 | sanitary sewer, solid waste, and aquifer recharge protection |
| 77 | requirements for the area. The element may be a detailed |
| 78 | engineering plan including a topographic map depicting areas of |
| 79 | prime groundwater recharge. The element shall describe the |
| 80 | problems and needs and the general facilities that will be |
| 81 | required for solution of the problems and needs. The element |
| 82 | shall also include a topographic map depicting any areas adopted |
| 83 | by a regional water management district as prime groundwater |
| 84 | recharge areas for the Floridan or Biscayne aquifers, pursuant |
| 85 | to s. 373.0395. These areas shall be given special consideration |
| 86 | when the local government is engaged in zoning or considering |
| 87 | future land use for said designated areas. For areas served by |
| 88 | septic tanks, soil surveys shall be provided which indicate the |
| 89 | suitability of soils for septic tanks. By December 1, 2006 |
| 90 | January 1, 2005, or the Evaluation and Appraisal Report adoption |
| 91 | deadline established for the local government pursuant to s. |
| 92 | 163.3191(a), whichever date occurs first, the element must |
| 93 | consider the appropriate water management district's regional |
| 94 | water supply plan approved pursuant to s. 373.0361. The element |
| 95 | must include a work plan, covering at least a 10-year planning |
| 96 | period, for building water supply facilities that are identified |
| 97 | in the element as necessary to serve existing and new |
| 98 | development and for which the local government is responsible. |
| 99 | The work plan shall be updated, at a minimum, every 5 years |
| 100 | within 12 months after the approval of the revised regional |
| 101 | water supply plan. Amendments to incorporate the whole plan do |
| 102 | not count toward the limitations on frequency of adoption of |
| 103 | amendments to the comprehensive plan. |
| 104 | (11)(a) The Legislature recognizes the need for innovative |
| 105 | planning and development strategies which will address the |
| 106 | anticipated demands of continued urbanization of Florida's |
| 107 | coastal and other environmentally sensitive areas, and which |
| 108 | will accommodate the development of less populated regions of |
| 109 | the state which seek economic development and which have |
| 110 | suitable land and water resources to accommodate growth in an |
| 111 | environmentally acceptable manner. The Legislature further |
| 112 | recognizes the substantial advantages of innovative approaches |
| 113 | to development which may better serve to protect environmentally |
| 114 | sensitive areas, maintain the economic viability of agricultural |
| 115 | and other predominantly rural land uses, and provide for the |
| 116 | cost-efficient delivery of public facilities and services. |
| 117 | (b) It is the intent of the Legislature that the local |
| 118 | government comprehensive plans and plan amendments adopted |
| 119 | pursuant to the provisions of this part provide for a planning |
| 120 | process which allows for land use efficiencies within existing |
| 121 | urban areas and which also allows for the conversion of rural |
| 122 | lands to other uses, where appropriate and consistent with the |
| 123 | other provisions of this part and the affected local |
| 124 | comprehensive plans, through the application of innovative and |
| 125 | flexible planning and development strategies and creative land |
| 126 | use planning techniques, which may include, but not be limited |
| 127 | to, urban villages, new towns, satellite communities, area-based |
| 128 | allocations, clustering and open space provisions, mixed-use |
| 129 | development, and sector planning. |
| 130 | (c) It is the further intent of the Legislature that local |
| 131 | government comprehensive plans and implementing land development |
| 132 | regulations shall provide strategies which maximize the use of |
| 133 | existing facilities and services through redevelopment, urban |
| 134 | infill development, and other strategies for urban |
| 135 | revitalization. |
| 136 | (d)1. The department, in cooperation with the Department |
| 137 | of Agriculture and Consumer Services, the Department of |
| 138 | Environmental Protection, water management districts, and |
| 139 | regional planning councils, shall provide assistance to local |
| 140 | governments in the implementation of this paragraph and rule 9J- |
| 141 | 5.006(5)(l), Florida Administrative Code. Implementation of |
| 142 | those provisions shall include a process by which the department |
| 143 | may authorize up to five local governments to designate all or |
| 144 | portions of lands classified in the future land use element as |
| 145 | predominantly agricultural, rural, open, open-rural, or a |
| 146 | substantively equivalent land use, as a rural land stewardship |
| 147 | area within which planning and economic incentives are applied |
| 148 | to encourage the implementation of innovative and flexible |
| 149 | planning and development strategies and creative land use |
| 150 | planning techniques, including those contained herein and in |
| 151 | rule 9J-5.006(5)(l), Florida Administrative Code. Assistance may |
| 152 | include, but is not limited to: |
| 153 | a. Assistance from the Department of Environmental |
| 154 | Protection and water management districts in creating the |
| 155 | geographic information systems land cover database and aerial |
| 156 | photogrammetry needed to prepare for a rural land stewardship |
| 157 | area. |
| 158 | b. Support for local government implementation of rural |
| 159 | land stewardship concepts by providing information and |
| 160 | assistance to local governments regarding land acquisition |
| 161 | programs that may be used by the local governments or landowners |
| 162 | to leverage the protection of greater acreage and maximize the |
| 163 | effectiveness of rural land stewardship areas. |
| 164 | c. Expansion of the role of the Department of Community |
| 165 | Affairs as a resource agency to facilitate establishment of |
| 166 | rural land stewardship areas in smaller rural counties that do |
| 167 | not have the staff or planning budgets to create a rural land |
| 168 | stewardship area. |
| 169 | 2. The department shall encourage participation by local |
| 170 | governments of different sizes and rural characteristics in |
| 171 | establishing and implementing rural land stewardship areas. It |
| 172 | is the intent of the Legislature that rural land stewardship |
| 173 | areas be used to further the following broad principles of rural |
| 174 | sustainability: restoration and maintenance of the economic |
| 175 | value of rural land; control of urban sprawl; identification and |
| 176 | protection of ecosystems, habitats, and natural resources; |
| 177 | promotion of rural economic activity; maintenance of the |
| 178 | viability of Florida's agricultural economy; and protection of |
| 179 | the character of rural areas of Florida. Rural land stewardship |
| 180 | areas may be multicounty in order to encourage coordinated |
| 181 | regional stewardship planning. |
| 182 | 3. A local government, in conjunction with a regional |
| 183 | planning council, a stakeholder organization of private land |
| 184 | owners, or another local government, shall notify may apply to |
| 185 | the department in writing of its intent requesting consideration |
| 186 | for authorization to designate a rural land stewardship area and |
| 187 | shall describe its reasons for applying for the authorization |
| 188 | with supporting documentation regarding its compliance with |
| 189 | criteria set forth in this section. |
| 190 | 4. In selecting a local government, the department shall, |
| 191 | by written agreement: |
| 192 | a. Ensure that the local government has expressed its |
| 193 | intent to designate a rural land stewardship area pursuant to |
| 194 | the provisions of this subsection and clarify that the rural |
| 195 | land stewardship area is intended. |
| 196 | b. Ensure that the local government has the financial and |
| 197 | administrative capabilities to implement a rural land |
| 198 | stewardship area. |
| 199 | 5. The written notification agreement shall describe |
| 200 | include the basis for the designation, authorization and provide |
| 201 | criteria for evaluating the success of the authorization |
| 202 | including the extent to which the rural land stewardship area |
| 203 | enhances rural land values; controls control urban sprawl; |
| 204 | provides necessary open space for agriculture and protection of |
| 205 | the natural environment; promotes rural economic activity; and |
| 206 | maintains rural character and the economic viability of |
| 207 | agriculture. The department may terminate the agreement at any |
| 208 | time if it determines that the local government is not meeting |
| 209 | the terms of the agreement. |
| 210 | 4.6. A rural land stewardship area shall be not less than |
| 211 | 10,000 50,000 acres, and shall not exceed 250,000 acres in size, |
| 212 | shall be located outside of municipalities and established urban |
| 213 | growth boundaries, and shall be designated by plan amendment. |
| 214 | The plan amendment designating a rural land stewardship area |
| 215 | shall be subject to review by the Department of Community |
| 216 | Affairs pursuant to s. 163.3184 and shall provide for the |
| 217 | following: |
| 218 | a. Criteria for the designation of receiving areas within |
| 219 | rural land stewardship areas in which innovative planning and |
| 220 | development strategies may be applied. Criteria shall at a |
| 221 | minimum provide for the following: adequacy of suitable land to |
| 222 | accommodate development so as to avoid conflict with |
| 223 | environmentally sensitive areas, resources, and habitats; |
| 224 | compatibility between and transition from higher density uses to |
| 225 | lower intensity rural uses; the establishment of receiving area |
| 226 | service boundaries which provide for a separation between |
| 227 | receiving areas and other land uses within the rural land |
| 228 | stewardship area through limitations on the extension of |
| 229 | services; and connection of receiving areas with the rest of the |
| 230 | rural land stewardship area using rural design and rural road |
| 231 | corridors. |
| 232 | b. Goals, objectives, and policies setting forth the |
| 233 | innovative planning and development strategies to be applied |
| 234 | within rural land stewardship areas pursuant to the provisions |
| 235 | of this section. |
| 236 | c. A process for the implementation of innovative planning |
| 237 | and development strategies within the rural land stewardship |
| 238 | area, including those described in this subsection and rule 9J- |
| 239 | 5.006(5)(l), Florida Administrative Code, which provide for a |
| 240 | functional mix of land uses and which are applied through the |
| 241 | adoption by the local government of zoning and land development |
| 242 | regulations applicable to the rural land stewardship area. |
| 243 | d. A process which encourages visioning pursuant to s. |
| 244 | 163.3167(11) to ensure that innovative planning and development |
| 245 | strategies comply with the provisions of this section. |
| 246 | e. The control of sprawl through the use of innovative |
| 247 | strategies and creative land use techniques consistent with the |
| 248 | provisions of this subsection and rule 9J-5.006(5)(l), Florida |
| 249 | Administrative Code. |
| 250 | 5.7. A receiving area shall be designated by the adoption |
| 251 | of a land development regulation. Prior to the designation of a |
| 252 | receiving area, the local government shall provide the |
| 253 | Department of Community Affairs a period of 30 days in which to |
| 254 | review a proposed receiving area for consistency with the rural |
| 255 | land stewardship area plan amendment and to provide comments to |
| 256 | the local government. |
| 257 | 6.8. Upon the adoption of a plan amendment creating a |
| 258 | rural land stewardship area, the local government shall, by |
| 259 | ordinance, assign to the area a certain number of credits, to be |
| 260 | known as "transferable rural land use credits," which shall not |
| 261 | constitute a right to develop land, nor increase density of |
| 262 | land, except as provided by this section. The total amount of |
| 263 | transferable rural land use credits assigned to the rural land |
| 264 | stewardship area must correspond to the 25-year or greater |
| 265 | projected population of the rural land stewardship area. |
| 266 | Transferable rural land use credits are subject to the following |
| 267 | limitations: |
| 268 | a. Transferable rural land use credits may only exist |
| 269 | within a rural land stewardship area. |
| 270 | b. Transferable rural land use credits may only be used on |
| 271 | lands designated as receiving areas and then solely for the |
| 272 | purpose of implementing innovative planning and development |
| 273 | strategies and creative land use planning techniques adopted by |
| 274 | the local government pursuant to this section. |
| 275 | c. Transferable rural land use credits assigned to a |
| 276 | parcel of land within a rural land stewardship area shall cease |
| 277 | to exist if the parcel of land is removed from the rural land |
| 278 | stewardship area by plan amendment. |
| 279 | d. Neither the creation of the rural land stewardship area |
| 280 | by plan amendment nor the assignment of transferable rural land |
| 281 | use credits by the local government shall operate to displace |
| 282 | the underlying density of land uses assigned to a parcel of land |
| 283 | within the rural land stewardship area; however, if transferable |
| 284 | rural land use credits are transferred from a parcel for use |
| 285 | within a designated receiving area, the underlying density |
| 286 | assigned to the parcel of land shall cease to exist. |
| 287 | e. The underlying density on each parcel of land located |
| 288 | within a rural land stewardship area shall not be increased or |
| 289 | decreased by the local government, except as a result of the |
| 290 | conveyance or use of transferable rural land use credits, as |
| 291 | long as the parcel remains within the rural land stewardship |
| 292 | area. |
| 293 | f. Transferable rural land use credits shall cease to |
| 294 | exist on a parcel of land where the underlying density assigned |
| 295 | to the parcel of land is utilized. |
| 296 | g. An increase in the density of use on a parcel of land |
| 297 | located within a designated receiving area may occur only |
| 298 | through the assignment or use of transferable rural land use |
| 299 | credits and shall not require a plan amendment. |
| 300 | h. A change in the density of land use on parcels located |
| 301 | within receiving areas shall be specified in a development order |
| 302 | which reflects the total number of transferable rural land use |
| 303 | credits assigned to the parcel of land and the infrastructure |
| 304 | and support services necessary to provide for a functional mix |
| 305 | of land uses corresponding to the plan of development. |
| 306 | i. Land within a rural land stewardship area may be |
| 307 | removed from the rural land stewardship area through a plan |
| 308 | amendment. |
| 309 | j. Transferable rural land use credits may be assigned at |
| 310 | different ratios of credits per acre according to the natural |
| 311 | resource or other beneficial use characteristics of the land and |
| 312 | according to the land use remaining following the transfer of |
| 313 | credits, with the highest number of credits per acre assigned to |
| 314 | the most preserve environmentally valuable land and a lesser |
| 315 | number of credits to be assigned to open space and agricultural |
| 316 | land. |
| 317 | k. The use or conveyance of transferable rural land use |
| 318 | credits must be recorded in the public records of the county in |
| 319 | which the property is located as a covenant or restrictive |
| 320 | easement running with the land in favor of the county and either |
| 321 | the Department of Environmental Protection, Department of |
| 322 | Agriculture and Consumer Services, a water management district, |
| 323 | or a recognized statewide land trust. |
| 324 | 7.9. Owners of land within rural land stewardship areas |
| 325 | should be provided incentives to enter into rural land |
| 326 | stewardship agreements, pursuant to existing law and rules |
| 327 | adopted thereto, with state agencies, water management |
| 328 | districts, and local governments to achieve mutually agreed upon |
| 329 | conservation objectives. Such incentives may include, but not be |
| 330 | limited to, the following: |
| 331 | a. Opportunity to accumulate transferable mitigation |
| 332 | credits. |
| 333 | b. Extended permit agreements. |
| 334 | c. Opportunities for recreational leases and ecotourism. |
| 335 | d. Payment for specified land management services on |
| 336 | publicly owned land, or property under covenant or restricted |
| 337 | easement in favor of a public entity. |
| 338 | e. Option agreements for sale to public entities or |
| 339 | private land conservation entities government, in either fee or |
| 340 | easement, upon achievement of conservation objectives. |
| 341 | 8.10. The department shall report to the Legislature on an |
| 342 | annual basis on the results of implementation of rural land |
| 343 | stewardship areas authorized by the department, including |
| 344 | successes and failures in achieving the intent of the |
| 345 | Legislature as expressed in this paragraph. It is further the |
| 346 | intent of the Legislature that the success of authorized rural |
| 347 | land stewardship areas be substantiated before implementation |
| 348 | occurs on a statewide basis. |
| 349 | (e) The Legislature finds that mixed-use, high-density |
| 350 | development is appropriate for urban infill and redevelopment |
| 351 | areas. Mixed-use projects accommodate a variety of uses, |
| 352 | including residential and commercial, and usually at higher |
| 353 | densities that promote pedestrian-friendly, sustainable |
| 354 | communities. The Legislature recognizes that mixed-use, high- |
| 355 | density development improves the quality of life for residents |
| 356 | and businesses in urban areas. The Legislature finds that mixed- |
| 357 | use, high-density redevelopment and infill benefits residents by |
| 358 | creating a livable community with alternative modes of |
| 359 | transportation. Furthermore, the Legislature finds that local |
| 360 | zoning ordinances often discourage mixed-use, high-density |
| 361 | development in areas that are appropriate for urban infill and |
| 362 | redevelopment. The Legislature intends to discourage single-use |
| 363 | zoning in urban areas which often leads to lower-density, land- |
| 364 | intensive development outside an urban service area. Therefore, |
| 365 | the Department of Community Affairs shall provide technical |
| 366 | assistance to local governments in order to encourage mixed-use, |
| 367 | high-density urban infill, and redevelopment projects. |
| 368 | (f) The Legislature finds that a program for the transfer |
| 369 | of development rights is a useful tool to preserve historic |
| 370 | buildings and create public open spaces in urban areas. A |
| 371 | program for the transfer of development rights allows the |
| 372 | transfer of density credits from historic properties and public |
| 373 | open spaces to areas designated for high-density development. |
| 374 | The Legislature recognizes that high-density development is |
| 375 | integral to the success of many urban infill and redevelopment |
| 376 | projects. The Legislature intends to encourage high-density |
| 377 | urban infill and redevelopment while preserving historic |
| 378 | structures and open spaces. Therefore, the Department of |
| 379 | Community Affairs shall provide technical assistance to local |
| 380 | governments in order to promote the transfer of development |
| 381 | rights within urban areas for high-density infill and |
| 382 | redevelopment projects. |
| 383 | (g)(e) The implementation of this subsection shall be |
| 384 | subject to the provisions of this chapter, chapters 186 and 187, |
| 385 | and applicable agency rules. |
| 386 | (h)(f) The department may adopt rules necessary to |
| 387 | implement the provisions of this subsection. |
| 388 | Section 4. Paragraph (m) is added to subsection (1) of |
| 389 | section 163.3187, Florida Statutes, to read: |
| 390 | 163.3187 Amendment of adopted comprehensive plan.-- |
| 391 | (1) Amendments to comprehensive plans adopted pursuant to |
| 392 | this part may be made not more than two times during any |
| 393 | calendar year, except: |
| 394 | (m) Any local government comprehensive plan amendment |
| 395 | establishing or implementing a rural land stewardship area |
| 396 | pursuant to s. 163.3177(11)(d). |
| 397 | Section 5. Subsection (3) of section 288.107, Florida |
| 398 | Statutes, is amended to read: |
| 399 | 288.107 Brownfield redevelopment bonus refunds.-- |
| 400 | (3) CRITERIA.--The minimum criteria for participation in |
| 401 | the brownfield redevelopment bonus refund are: |
| 402 | (a) The creation of at least 5 10 new full-time permanent |
| 403 | jobs. Such jobs shall not include construction or site |
| 404 | rehabilitation jobs associated with the implementation of a |
| 405 | brownfield site agreement as described in s. 376.80(5). |
| 406 | (b) The completion of a fixed capital investment of at |
| 407 | least $2 million in mixed-use business activities, including |
| 408 | multiunit housing, commercial, retail, and industrial in |
| 409 | brownfield areas, by an eligible business applying for a refund |
| 410 | under paragraph (2)(b) which provides benefits to its employees. |
| 411 | (c) That the designation as a brownfield will diversify |
| 412 | and strengthen the economy of the area surrounding the site. |
| 413 | (d) That the designation as a brownfield will promote |
| 414 | capital investment in the area beyond that contemplated for the |
| 415 | rehabilitation of the site. |
| 416 | Section 6. Subsection (1) of section 376.86, Florida |
| 417 | Statutes, is amended to read: |
| 418 | 376.86 Brownfield Areas Loan Guarantee Program.-- |
| 419 | (1) The Brownfield Areas Loan Guarantee Council is created |
| 420 | to review and approve or deny by a majority vote of its |
| 421 | membership, the situations and circumstances for participation |
| 422 | in partnerships by agreements with local governments, financial |
| 423 | institutions, and others associated with the redevelopment of |
| 424 | brownfield areas pursuant to the Brownfields Redevelopment Act |
| 425 | for a limited state guaranty of up to 5 years of loan guarantees |
| 426 | or loan loss reserves issued pursuant to law. The limited state |
| 427 | loan guaranty applies only to 50 10 percent of the primary |
| 428 | lenders loans for redevelopment projects in brownfield areas. A |
| 429 | limited state guaranty of private loans or a loan loss reserve |
| 430 | is authorized for lenders licensed to operate in the state upon |
| 431 | a determination by the council that such an arrangement would be |
| 432 | in the public interest and the likelihood of the success of the |
| 433 | loan is great. |
| 434 | Section 7. Accessory dwelling units.-- |
| 435 | (1) The Legislature finds that the median price of homes |
| 436 | in this state has increased steadily over the last decade and at |
| 437 | a greater rate of increase than the median income in many urban |
| 438 | areas in other states. The Legislature finds that the cost of |
| 439 | rental housing has also increased steadily and the cost often |
| 440 | exceeds an amount that is affordable to very-low-income, low- |
| 441 | income, or moderate-income persons and has resulted in a |
| 442 | critical shortage of affordable rentals in many urban areas in |
| 443 | the state. This shortage of affordable rentals constitutes a |
| 444 | threat to the health, safety, and welfare of the residents of |
| 445 | the state. Therefore, the Legislature finds that it serves an |
| 446 | important public purpose to encourage the permitting of |
| 447 | accessory dwelling units in single-family residential areas in |
| 448 | order to increase the availability of affordable rentals for |
| 449 | very-low-income, low-income, or moderate-income persons. |
| 450 | (2) As used in this section, the term: |
| 451 | (a) "Accessory dwelling unit" means an ancillary or |
| 452 | secondary living unit that has a separate kitchen, bathroom, and |
| 453 | sleeping area, existing either within the same structure, or on |
| 454 | the same lot, as the primary dwelling unit. |
| 455 | (b) "Affordable rental" means that monthly rent and |
| 456 | utilities do not exceed 30 percent of that amount which |
| 457 | represents the percentage of the median adjusted gross annual |
| 458 | income for very-low-income, low-income, or moderate-income |
| 459 | persons. |
| 460 | (c) "Local government" means a county or municipality. |
| 461 | (d) "Low-income persons" has the same meaning as in s. |
| 462 | 420.0004(9), Florida Statutes. |
| 463 | (e) "Moderate-income persons" has the same meaning as in |
| 464 | s. 420.0004(10), Florida Statutes. |
| 465 | (f) "Very-low-income persons" has the same meaning as in |
| 466 | s. 420.0004(14), Florida Statutes. |
| 467 | (3) Upon a finding by a local government that there is a |
| 468 | shortage of affordable rentals within its jurisdiction, the |
| 469 | local government may adopt an ordinance to allow accessory |
| 470 | dwelling units in any area zoned for single-family residential |
| 471 | use. |
| 472 | (4) If the local government adopts an ordinance under this |
| 473 | section, an application for a building permit to construct an |
| 474 | accessory dwelling unit must include an affidavit from the |
| 475 | applicant which attests that the unit will be rented at an |
| 476 | affordable rate to a very-low-income, low-income, or moderate- |
| 477 | income person or persons. |
| 478 | (5) Each accessory dwelling unit allowed by an ordinance |
| 479 | adopted under this section shall apply towards satisfying the |
| 480 | affordable housing component of the housing element in the local |
| 481 | government's comprehensive plan under s. 163.3177(6)(f), Florida |
| 482 | Statutes. |
| 483 | (6) The Department of Community Affairs shall evaluate the |
| 484 | effectiveness of using accessory dwelling units to address a |
| 485 | local government's shortage of affordable housing and report to |
| 486 | the Legislature by January 1, 2007. The report must specify the |
| 487 | number of ordinances adopted by a local government under this |
| 488 | section and the number of accessory dwelling units that were |
| 489 | created under these ordinances. |
| 490 | Section 8. Subsection (16) of section 718.103, Florida |
| 491 | Statutes, is amended to read: |
| 492 | 718.103 Definitions.--As used in this chapter, the term: |
| 493 | (16) "Developer" means a person who creates a condominium |
| 494 | or offers condominium parcels for sale or lease in the ordinary |
| 495 | course of business, but does not include an owner or lessee of a |
| 496 | condominium or cooperative unit who has acquired the unit for |
| 497 | his or her own occupancy, nor does it include a cooperative |
| 498 | association which creates a condominium by conversion of an |
| 499 | existing residential cooperative after control of the |
| 500 | association has been transferred to the unit owners if, |
| 501 | following the conversion, the unit owners will be the same |
| 502 | persons who were unit owners of the cooperative and no units are |
| 503 | offered for sale or lease to the public as part of the plan of |
| 504 | conversion. No state, county, or municipal entity shall be |
| 505 | deemed a developer for any purposes under this act. |
| 506 | Section 9. Subsection (4) is added to section 718.401, |
| 507 | Florida Statutes, to read: |
| 508 | 718.401 Leaseholds.-- |
| 509 | (4) Not withstanding anything in this section, no |
| 510 | association, individual unit owner, or any third party shall |
| 511 | have the right to purchase the fee interest of any real property |
| 512 | owned by a county or municipal entity, unless agreed to by the |
| 513 | governmental entity. |
| 514 | Section 10. This act shall take effect July 1, 2004. |
| 515 |
|
| 516 | ================ T I T L E A M E N D M E N T ============= |
| 517 | Remove line(s) 28-62 and insert: |
| 518 | governments; providing legislative findings regarding a |
| 519 | program for the transfer of development rights and urban |
| 520 | infill and redevelopment; requiring the Department of |
| 521 | Community Affairs to provide technical assistance to local |
| 522 | governments; requiring the Department of Community |
| 523 | Affairs, the Department of Environmental Protection, water |
| 524 | management districts, and regional planning councils to |
| 525 | provide assistance to local governments in implementing |
| 526 | provisions relating to rural land stewardship areas; |
| 527 | providing for multicounty rural land stewardship areas; |
| 528 | requiring certain persons and organizations to notify the |
| 529 | department of intent to designate a rural land |
| 530 | stewardship; deleting requirement to describe reasons for |
| 531 | applying for such authorization; deleting requirement that |
| 532 | the department make certain assurances in writing; |
| 533 | deleting requirement that the department may terminate |
| 534 | certain agreements; lowering acreage thresholds for rural |
| 535 | land stewardship areas; providing that transferable rural |
| 536 | land use credits may be assigned at different ratios |
| 537 | according to the natural resource or other beneficial use |
| 538 | characteristics of the land; providing legislative |
| 539 | findings regarding mixed-use, high density development and |
| 540 | programs for the transfer of development rights; requiring |
| 541 | the Department of Community Affairs to provided technical |
| 542 | assistance to local governments to promote the transfer of |
| 543 | development rights; amending s. 163.3187, F.S.; providing |
| 544 | an exception to the limitation on the frequency of plan |
| 545 | amendments; amending s. 288.107, F.S.; reducing the number |
| 546 | of jobs that must be created for participation in the |
| 547 | brownfield redevelopment bonus refund; amending s. 376.86, |
| 548 | F.S.; increasing the percentage of a primary lender loan |
| 549 | to which the limited state loan guaranty applies for |
| 550 | redevelopment projects in brownfield areas; providing |
| 551 | legislative findings with respect to the shortage of |
| 552 | affordable rentals in the state; providing a statement of |
| 553 | important public purpose; providing definitions; |
| 554 | authorizing local governments to permit accessory dwelling |
| 555 | units in areas zoned for single-family residential use |
| 556 | based upon certain findings; providing for certain |
| 557 | accessory dwelling units to apply towards satisfying the |
| 558 | affordable housing component of the housing element in a |
| 559 | local government's comprehensive plan; requiring the |
| 560 | Department of Community Affairs to report to the |
| 561 | Legislature; amending s. 718.103, F.S.; prohibiting any |
| 562 | state, county, or municipal entity from being deemed a |
| 563 | developer for certain purposes; amending s. 718.401, F.S.; |
| 564 | prohibiting any association, owner, or any third party |
| 565 | from purchasing the fee interest of any real property |
| 566 | owned by a county or municipal entity, unless agreed to by |
| 567 | the governmental entity; providing an effective date. |