SENATE AMENDMENT
Bill No. CS for SB 2548, 1st Eng.
Amendment No. ___ Barcode 222284
CHAMBER ACTION
Senate House
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11 Senator Geller moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 3, between lines 12 and 13,
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16 insert:
17 Section 1. Subsection (8) of section 197.502, Florida
18 Statutes, is amended to read:
19 197.502 Application for obtaining tax deed by holder
20 of tax sale certificate; fees.--
21 (8) Taxes shall not be extended against parcels listed
22 as lands available for taxes, but in each year the taxes that
23 would have been due shall be treated as omitted years and
24 added to the required minimum bid. Three years after from the
25 day the land was offered for public sale, the land shall
26 escheat to the county in which it is located, free and clear.
27 All tax certificates, accrued taxes, and liens of any nature
28 against the property shall be deemed canceled as a matter of
29 law and of no further legal force and effect, and the clerk
30 shall execute an escheatment a tax deed vesting title in the
31 board of county commissioners of the county in which the land
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SENATE AMENDMENT
Bill No. CS for SB 2548, 1st Eng.
Amendment No. ___ Barcode 222284
1 it is located.
2 (a) When a property escheats to the county under this
3 subsection, the county is not subject to any liability imposed
4 by chapter 376 or chapter 403 for preexisting soil or
5 groundwater contamination due solely to its ownership.
6 However, this subsection does not affect the rights or
7 liabilities of any past or future owners of the escheated
8 property and does not affect the liability of any governmental
9 entity for the results of its actions that create or
10 exacerbate a pollution source.
11 (b) The county and the Department of Environmental
12 Protection may enter into a written agreement for the
13 performance, funding, and reimbursement of the investigative
14 and remedial acts necessary for a property that escheats to
15 the county.
16 Section 2. Accessory dwelling units.--
17 (1) The Legislature finds that the median price of
18 homes in this state has increased steadily over the last
19 decade and at a greater rate of increase than the median
20 income in many urban areas. The Legislature finds that the
21 cost of rental housing has also increased steadily and the
22 cost often exceeds an amount that is affordable to
23 very-low-income, low-income, or moderate-income persons and
24 has resulted in a critical shortage of affordable rentals in
25 many urban areas in the state. This shortage of affordable
26 rentals constitutes a threat to the health, safety, and
27 welfare of the residents of the state. Therefore, the
28 Legislature finds that it serves an important public purpose
29 to encourage the permitting of accessory dwelling units in
30 single-family residential areas in order to increase the
31 availability of affordable rentals for very-low-income,
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SENATE AMENDMENT
Bill No. CS for SB 2548, 1st Eng.
Amendment No. ___ Barcode 222284
1 low-income, or moderate-income persons.
2 (2) As used in this section, the term:
3 (a) "Accessory dwelling unit" means an ancillary or
4 secondary living unit, that has a separate kitchen, bathroom,
5 and sleeping area, existing either within the same structure,
6 or on the same lot, as the primary dwelling unit.
7 (b) "Affordable rental" means that monthly rent and
8 utilities do not exceed 30 percent of that amount which
9 represents the percentage of the median adjusted gross annual
10 income for very-low-income, low-income, or moderate-income
11 persons.
12 (c) "Local government" means a county or municipality.
13 (d) "Low-income persons" has the same meaning as in
14 section 420.0004(9), Florida Statutes.
15 (e) "Moderate-income persons" has the same meaning as
16 in section 420.0004(10), Florida Statutes.
17 (f) "Very-low-income persons" has the same meaning as
18 in section 420.0004(14), Florida Statutes.
19 (3) Upon a finding by a local government that there is
20 a shortage of affordable rentals within its jurisdiction, the
21 local government may adopt an ordinance to allow accessory
22 dwelling units in any area zoned for single-family residential
23 use.
24 (4) If the local government adopts an ordinance under
25 this section, an application for a building permit to
26 construct an accessory dwelling unit must include an affidavit
27 from the applicant which attests that the unit will be rented
28 at an affordable rate to a very-low-income, low-income, or
29 moderate-income person or persons.
30 (5) Each accessory dwelling unit allowed by an
31 ordinance adopted under this section shall apply towards
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SENATE AMENDMENT
Bill No. CS for SB 2548, 1st Eng.
Amendment No. ___ Barcode 222284
1 satisfying the affordable housing component of the housing
2 element in the local government's comprehensive plan under
3 section 163.3177(6)(f), Florida Statutes.
4 (6) The Department of Community Affairs shall evaluate
5 the effectiveness of using accessory dwelling units to address
6 a local government's shortage of affordable housing and report
7 to the Legislature by January 1, 2007. The report must specify
8 the number of ordinances adopted by a local government under
9 this section and the number of accessory dwelling units that
10 were created under these ordinances.
11 Section 3. Subsection (13) is added to section
12 163.3167, Florida Statutes, to read:
13 163.3167 Scope of act.--
14 (13) Each local government shall address in its
15 comprehensive plan, as enumerated in this chapter, the water
16 supply sources necessary to meet and achieve the existing and
17 projected water use demand for the established planning
18 period, considering the applicable plan developed pursuant to
19 s. 373.0361.
20 Section 4. Paragraphs (a) and (c) of subsection (6)
21 and subsection (11) of section 163.3177, Florida Statutes, are
22 amended to read:
23 163.3177 Required and optional elements of
24 comprehensive plan; studies and surveys.--
25 (6) In addition to the requirements of subsections
26 (1)-(5), the comprehensive plan shall include the following
27 elements:
28 (a) A future land use plan element designating
29 proposed future general distribution, location, and extent of
30 the uses of land for residential uses, commercial uses,
31 industry, agriculture, recreation, conservation, education,
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SENATE AMENDMENT
Bill No. CS for SB 2548, 1st Eng.
Amendment No. ___ Barcode 222284
1 public buildings and grounds, other public facilities, and
2 other categories of the public and private uses of land.
3 Counties are encouraged to designate rural land stewardship
4 areas, pursuant to the provisions of paragraph (11)(d), as
5 overlays on the future land use map. Each future land use
6 category must be defined in terms of uses included, and must
7 include standards to be followed in the control and
8 distribution of population densities and building and
9 structure intensities. The proposed distribution, location,
10 and extent of the various categories of land use shall be
11 shown on a land use map or map series which shall be
12 supplemented by goals, policies, and measurable objectives.
13 The future land use plan shall be based upon surveys, studies,
14 and data regarding the area, including the amount of land
15 required to accommodate anticipated growth; the projected
16 population of the area; the character of undeveloped land; the
17 availability of public services; the need for redevelopment,
18 including the renewal of blighted areas and the elimination of
19 nonconforming uses which are inconsistent with the character
20 of the community; and, in rural communities, the need for job
21 creation, capital investment, and economic development that
22 will strengthen and diversify the community's economy. The
23 future land use plan may designate areas for future planned
24 development use involving combinations of types of uses for
25 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
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SENATE AMENDMENT
Bill No. CS for SB 2548, 1st Eng.
Amendment No. ___ Barcode 222284
1 shall not be limited solely by the projected population of the
2 rural community. The future land use plan of a county may also
3 designate areas for possible future municipal incorporation.
4 The land use maps or map series shall generally identify and
5 depict historic district boundaries and shall designate
6 historically significant properties meriting protection. The
7 future land use element must clearly identify the land use
8 categories in which public schools are an allowable use. When
9 delineating the land use categories in which public schools
10 are an allowable use, a local government shall include in the
11 categories sufficient land proximate to residential
12 development to meet the projected needs for schools in
13 coordination with public school boards and may establish
14 differing criteria for schools of different type or size.
15 Each local government shall include lands contiguous to
16 existing school sites, to the maximum extent possible, within
17 the land use categories in which public schools are an
18 allowable use. All comprehensive plans must comply with the
19 school siting requirements of this paragraph no later than
20 October 1, 1999. The failure by a local government to comply
21 with these school siting requirements by October 1, 1999, will
22 result in the prohibition of the local government's ability to
23 amend the local comprehensive plan, except for plan amendments
24 described in s. 163.3187(1)(b), until the school siting
25 requirements are met. Amendments proposed by a local
26 government for purposes of identifying the land use categories
27 in which public schools are an allowable use or for adopting
28 or amending the school-siting maps pursuant to s. 163.31776(3)
29 are exempt from the limitation on the frequency of plan
30 amendments contained in s. 163.3187. The future land use
31 element shall include criteria that encourage the location of
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SENATE AMENDMENT
Bill No. CS for SB 2548, 1st Eng.
Amendment No. ___ Barcode 222284
1 schools proximate to urban residential areas to the extent
2 possible and shall require that the local government seek to
3 collocate public facilities, such as parks, libraries, and
4 community centers, with schools to the extent possible and to
5 encourage the use of elementary schools as focal points for
6 neighborhoods. For schools serving predominantly rural
7 counties, defined as a county with a population of 100,000 or
8 fewer, an agricultural land use category shall be eligible for
9 the location of public school facilities if the local
10 comprehensive plan contains school siting criteria and the
11 location is consistent with such criteria.
12 (c) A general sanitary sewer, solid waste, drainage,
13 potable water, and natural groundwater aquifer recharge
14 element correlated to principles and guidelines for future
15 land use, indicating ways to provide for future potable water,
16 drainage, sanitary sewer, solid waste, and aquifer recharge
17 protection requirements for the area. The element may be a
18 detailed engineering plan including a topographic map
19 depicting areas of prime groundwater recharge. The element
20 shall describe the problems and needs and the general
21 facilities that will be required for solution of the problems
22 and needs. The element shall also include a topographic map
23 depicting any areas adopted by a regional water management
24 district as prime groundwater recharge areas for the Floridan
25 or Biscayne aquifers, pursuant to s. 373.0395. These areas
26 shall be given special consideration when the local government
27 is engaged in zoning or considering future land use for said
28 designated areas. For areas served by septic tanks, soil
29 surveys shall be provided which indicate the suitability of
30 soils for septic tanks. By December 1, 2006 January 1, 2005,
31 or the Evaluation and Appraisal Report adoption deadline
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SENATE AMENDMENT
Bill No. CS for SB 2548, 1st Eng.
Amendment No. ___ Barcode 222284
1 established for the local government pursuant to s.
2 163.3191(a), whichever date occurs first, the element must
3 consider the appropriate water management district's regional
4 water supply plan approved pursuant to s. 373.0361. The
5 element must include a work plan, covering at least a 10-year
6 planning period, for building water supply facilities that are
7 identified in the element as necessary to serve existing and
8 new development and for which the local government is
9 responsible. The work plan shall be updated, at a minimum,
10 every 5 years within 12 months after the governing board of
11 the water management district approves an updated regional
12 water supply plan. Amendments to incorporate the work plan do
13 not count toward the limitation on the frequency of adoption
14 of amendments to a comprehensive plan.
15 (11)(a) The Legislature recognizes the need for
16 innovative planning and development strategies which will
17 address the anticipated demands of continued urbanization of
18 Florida's coastal and other environmentally sensitive areas,
19 and which will accommodate the development of less populated
20 regions of the state which seek economic development and which
21 have suitable land and water resources to accommodate growth
22 in an environmentally acceptable manner. The Legislature
23 further recognizes the substantial advantages of innovative
24 approaches to development which may better serve to protect
25 environmentally sensitive areas, maintain the economic
26 viability of agricultural and other predominantly rural land
27 uses, and provide for the cost-efficient delivery of public
28 facilities and services.
29 (b) It is the intent of the Legislature that the local
30 government comprehensive plans and plan amendments adopted
31 pursuant to the provisions of this part provide for a planning
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SENATE AMENDMENT
Bill No. CS for SB 2548, 1st Eng.
Amendment No. ___ Barcode 222284
1 process which allows for land use efficiencies within existing
2 urban areas and which also allows for the conversion of rural
3 lands to other uses, where appropriate and consistent with the
4 other provisions of this part and the affected local
5 comprehensive plans, through the application of innovative and
6 flexible planning and development strategies and creative land
7 use planning techniques, which may include, but not be limited
8 to, urban villages, new towns, satellite communities,
9 area-based allocations, clustering and open space provisions,
10 mixed-use development, and sector planning.
11 (c) It is the further intent of the Legislature that
12 local government comprehensive plans and implementing land
13 development regulations shall provide strategies which
14 maximize the use of existing facilities and services through
15 redevelopment, urban infill development, and other strategies
16 for urban revitalization.
17 (d)1. The department, in cooperation with the
18 Department of Agriculture and Consumer Services, the
19 Department of Environmental Protection, water management
20 districts, and regional planning councils, shall provide
21 assistance to local governments in the implementation of this
22 paragraph and rule 9J-5.006(5)(l), Florida Administrative
23 Code. Implementation of those provisions shall include a
24 process by which the department may authorize up to five local
25 governments to designate all or portions of lands classified
26 in the future land use element as predominantly agricultural,
27 rural, open, open-rural, or a substantively equivalent land
28 use, as a rural land stewardship area within which planning
29 and economic incentives are applied to encourage the
30 implementation of innovative and flexible planning and
31 development strategies and creative land use planning
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SENATE AMENDMENT
Bill No. CS for SB 2548, 1st Eng.
Amendment No. ___ Barcode 222284
1 techniques, including those contained herein and in rule
2 9J-5.006(5)(l), Florida Administrative Code. Assistance may
3 include, but is not limited to:
4 a. Assistance from the Department of Environmental
5 Protection and water management districts in creating the
6 geographic information systems land cover database and aerial
7 photogrammetry needed to prepare for a rural land stewardship
8 area;
9 b. Support for local government implementation of
10 rural land stewardship concepts by providing information and
11 assistance to local governments regarding land acquisition
12 programs that may be used by the local government or
13 landowners to leverage the protection of greater acreage and
14 maximize the effectiveness of rural land stewardship areas;
15 and
16 c. Expansion of the role of the Department of
17 Community Affairs as a resource agency to facilitate
18 establishment of rural land stewardship areas in smaller rural
19 counties that do not have the staff or planning budgets to
20 create a rural land stewardship area.
21 2. The department shall encourage participation by
22 local governments of different sizes and rural characteristics
23 in establishing and implementing rural land stewardship areas.
24 It is the intent of the Legislature that rural land
25 stewardship areas be used to further the following broad
26 principles of rural sustainability: restoration and
27 maintenance of the economic value of rural land; control of
28 urban sprawl; identification and protection of ecosystems,
29 habitats, and natural resources; promotion of rural economic
30 activity; maintenance of the viability of Florida's
31 agricultural economy; and protection of the character of rural
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SENATE AMENDMENT
Bill No. CS for SB 2548, 1st Eng.
Amendment No. ___ Barcode 222284
1 areas of Florida. Rural land stewardship areas may be
2 multicounty in order to encourage coordinated regional
3 stewardship planning.
4 3. A local government, in conjunction with a regional
5 planning council, a stakeholder organization of private land
6 owners, or another local government, shall notify may apply to
7 the department in writing of its intent requesting
8 consideration for authorization to designate a rural land
9 stewardship area and shall describe its reasons for applying
10 for the authorization with supporting documentation regarding
11 its compliance with criteria set forth in this section.
12 4. In selecting a local government, the department
13 shall, by written agreement:
14 a. Ensure that the local government has expressed its
15 intent to designate a rural land stewardship area pursuant to
16 the provisions of this subsection and clarify that the rural
17 land stewardship area is intended.
18 b. Ensure that the local government has the financial
19 and administrative capabilities to implement a rural land
20 stewardship area.
21 5. The written notification agreement shall describe
22 include the basis for the designation, authorization and
23 provide criteria for evaluating the success of the
24 authorization including the extent to which the rural land
25 stewardship area enhances rural land values, controls; control
26 urban sprawl,; provides necessary open space for agriculture
27 and protection of the natural environment,; promotes rural
28 economic activity,; and maintains rural character and the
29 economic viability of agriculture. The department may
30 terminate the agreement at any time if it determines that the
31 local government is not meeting the terms of the agreement.
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SENATE AMENDMENT
Bill No. CS for SB 2548, 1st Eng.
Amendment No. ___ Barcode 222284
1 4.6. A rural land stewardship area shall be not less
2 than 10,000 50,000 acres and shall not exceed 250,000 acres in
3 size, shall be located outside of municipalities and
4 established urban growth boundaries, and shall be designated
5 by plan amendment. The plan amendment designating a rural
6 land stewardship area shall be subject to review by the
7 Department of Community Affairs pursuant to s. 163.3184 and
8 shall provide for the following:
9 a. Criteria for the designation of receiving areas
10 within rural land stewardship areas in which innovative
11 planning and development strategies may be applied. Criteria
12 shall at a minimum provide for the following: adequacy of
13 suitable land to accommodate development so as to avoid
14 conflict with environmentally sensitive areas, resources, and
15 habitats; compatibility between and transition from higher
16 density uses to lower intensity rural uses; the establishment
17 of receiving area service boundaries which provide for a
18 separation between receiving areas and other land uses within
19 the rural land stewardship area through limitations on the
20 extension of services; and connection of receiving areas with
21 the rest of the rural land stewardship area using rural design
22 and rural road corridors.
23 b. Goals, objectives, and policies setting forth the
24 innovative planning and development strategies to be applied
25 within rural land stewardship areas pursuant to the provisions
26 of this section.
27 c. A process for the implementation of innovative
28 planning and development strategies within the rural land
29 stewardship area, including those described in this subsection
30 and rule 9J-5.006(5)(l), Florida Administrative Code, which
31 provide for a functional mix of land uses and which are
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SENATE AMENDMENT
Bill No. CS for SB 2548, 1st Eng.
Amendment No. ___ Barcode 222284
1 applied through the adoption by the local government of zoning
2 and land development regulations applicable to the rural land
3 stewardship area.
4 d. A process which encourages visioning pursuant to s.
5 163.3167(11) to ensure that innovative planning and
6 development strategies comply with the provisions of this
7 section.
8 e. The control of sprawl through the use of innovative
9 strategies and creative land use techniques consistent with
10 the provisions of this subsection and rule 9J-5.006(5)(l),
11 Florida Administrative Code.
12 5.7. A receiving area shall be designated by the
13 adoption of a land development regulation. Prior to the
14 designation of a receiving area, the local government shall
15 provide the Department of Community Affairs a period of 30
16 days in which to review a proposed receiving area for
17 consistency with the rural land stewardship area plan
18 amendment and to provide comments to the local government.
19 6.8. Upon the adoption of a plan amendment creating a
20 rural land stewardship area, the local government shall, by
21 ordinance, assign to the area a certain number of credits, to
22 be known as "transferable rural land use credits," which shall
23 not constitute a right to develop land, nor increase density
24 of land, except as provided by this section. The total amount
25 of transferable rural land use credits assigned to the rural
26 land stewardship area must correspond to the 25-year or
27 greater projected population of the rural land stewardship
28 area. Transferable rural land use credits are subject to the
29 following limitations:
30 a. Transferable rural land use credits may only exist
31 within a rural land stewardship area.
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SENATE AMENDMENT
Bill No. CS for SB 2548, 1st Eng.
Amendment No. ___ Barcode 222284
1 b. Transferable rural land use credits may only be
2 used on lands designated as receiving areas and then solely
3 for the purpose of implementing innovative planning and
4 development strategies and creative land use planning
5 techniques adopted by the local government pursuant to this
6 section.
7 c. Transferable rural land use credits assigned to a
8 parcel of land within a rural land stewardship area shall
9 cease to exist if the parcel of land is removed from the rural
10 land stewardship area by plan amendment.
11 d. Neither the creation of the rural land stewardship
12 area by plan amendment nor the assignment of transferable
13 rural land use credits by the local government shall operate
14 to displace the underlying density of land uses assigned to a
15 parcel of land within the rural land stewardship area;
16 however, if transferable rural land use credits are
17 transferred from a parcel for use within a designated
18 receiving area, the underlying density assigned to the parcel
19 of land shall cease to exist.
20 e. The underlying density on each parcel of land
21 located within a rural land stewardship area shall not be
22 increased or decreased by the local government, except as a
23 result of the conveyance or use of transferable rural land use
24 credits, as long as the parcel remains within the rural land
25 stewardship area.
26 f. Transferable rural land use credits shall cease to
27 exist on a parcel of land where the underlying density
28 assigned to the parcel of land is utilized.
29 g. An increase in the density of use on a parcel of
30 land located within a designated receiving area may occur only
31 through the assignment or use of transferable rural land use
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SENATE AMENDMENT
Bill No. CS for SB 2548, 1st Eng.
Amendment No. ___ Barcode 222284
1 credits and shall not require a plan amendment.
2 h. A change in the density of land use on parcels
3 located within receiving areas shall be specified in a
4 development order which reflects the total number of
5 transferable rural land use credits assigned to the parcel of
6 land and the infrastructure and support services necessary to
7 provide for a functional mix of land uses corresponding to the
8 plan of development.
9 i. Land within a rural land stewardship area may be
10 removed from the rural land stewardship area through a plan
11 amendment.
12 j. Transferable rural land use credits may be assigned
13 at different ratios of credits per acre according to the
14 natural resource or other beneficial use characteristics of
15 the land and according to the land use remaining following the
16 transfer of credits, with the highest number of credits per
17 acre assigned to the most preserve environmentally valuable
18 land and a lesser number of credits to be assigned to open
19 space and agricultural land.
20 k. The use or conveyance of transferable rural land
21 use credits must be recorded in the public records of the
22 county in which the property is located as a covenant or
23 restrictive easement running with the land in favor of the
24 county and either the Department of Environmental Protection,
25 Department of Agriculture and Consumer Services, a water
26 management district, or a recognized statewide land trust.
27 7.9. Owners of land within rural land stewardship
28 areas should be provided incentives to enter into rural land
29 stewardship agreements, pursuant to existing law and rules
30 adopted thereto, with state agencies, water management
31 districts, and local governments to achieve mutually agreed
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SENATE AMENDMENT
Bill No. CS for SB 2548, 1st Eng.
Amendment No. ___ Barcode 222284
1 upon conservation objectives. Such incentives may include,
2 but not be limited to, the following:
3 a. Opportunity to accumulate transferable mitigation
4 credits.
5 b. Extended permit agreements.
6 c. Opportunities for recreational leases and
7 ecotourism.
8 d. Payment for specified land management services on
9 publicly owned land, or property under covenant or restricted
10 easement in favor of a public entity.
11 e. Option agreements for sale to public entities or
12 private land conservation entities government, in either fee
13 or easement, upon achievement of conservation objectives.
14 8.10. The department shall report to the Legislature
15 on an annual basis on the results of implementation of rural
16 land stewardship areas authorized by the department, including
17 successes and failures in achieving the intent of the
18 Legislature as expressed in this paragraph. It is further the
19 intent of the Legislature that the success of authorized rural
20 land stewardship areas be substantiated before implementation
21 occurs on a statewide basis.
22 (e) The Legislature finds that mixed-use, high-density
23 development is appropriate for urban infill and redevelopment
24 areas. Mixed-use projects accommodate a variety of uses,
25 including residential and commercial, and usually at higher
26 densities that promote pedestrian-friendly, sustainable
27 communities. The Legislature recognizes that mixed-use,
28 high-density development improves the quality of life for
29 residents and businesses in urban areas. The Legislature finds
30 that mixed-use, high-density redevelopment and infill benefits
31 residents by creating a livable community with alternative
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SENATE AMENDMENT
Bill No. CS for SB 2548, 1st Eng.
Amendment No. ___ Barcode 222284
1 modes of transportation. Furthermore, the Legislature finds
2 that local zoning ordinances often discourage mixed-use,
3 high-density development in areas that are appropriate for
4 urban infill and redevelopment. The Legislature intends to
5 discourage single-use zoning in urban areas which often leads
6 to lower-density, land-intensive development outside an urban
7 service area. Therefore, the Department of Community Affairs
8 shall provide technical assistance to local governments in
9 order to encourage mixed-use, high-density urban infill and
10 redevelopment projects.
11 (f) The Legislature finds that a program for the
12 transfer of development rights is a useful tool to preserve
13 historic buildings and create public open spaces in urban
14 areas. A program for the transfer of development rights allows
15 the transfer of density credits from historic properties and
16 public open spaces to areas designated for high-density
17 development. The Legislature recognizes that high-density
18 development is integral to the success of many urban infill
19 and redevelopment projects. The Legislature intends to
20 encourage high-density urban infill and redevelopment while
21 preserving historic structures and open spaces. Therefore, the
22 Department of Community Affairs shall provide technical
23 assistance to local governments in order to promote the
24 transfer of development rights within urban areas for
25 high-density infill and redevelopment projects.
26 (g)(e) The implementation of this subsection shall be
27 subject to the provisions of this chapter, chapters 186 and
28 187, and applicable agency rules.
29 (h)(f) The department may adopt rules necessary to
30 implement the provisions of this subsection.
31 Section 5. Paragraph (m) is added to subsection (1) of
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SENATE AMENDMENT
Bill No. CS for SB 2548, 1st Eng.
Amendment No. ___ Barcode 222284
1 section 163.3187, Florida Statutes, to read:
2 163.3187 Amendment of adopted comprehensive plan.--
3 (1) Amendments to comprehensive plans adopted pursuant
4 to this part may be made not more than two times during any
5 calendar year, except:
6 (m) Any local government comprehensive plan amendment
7 establishing or implementing a rural land stewardship area
8 pursuant to the provisions of s. 163.3177(11)(d).
9 Section 6. Subsection (16) of section 718.103, Florida
10 Statutes, is amended to read:
11 718.103 Definitions.--As used in this chapter, the
12 term:
13 (16) "Developer" means a person who creates a
14 condominium or offers condominium parcels for sale or lease in
15 the ordinary course of business, but does not include an owner
16 or lessee of a condominium or cooperative unit who has
17 acquired the unit for his or her own occupancy, nor does it
18 include a cooperative association which creates a condominium
19 by conversion of an existing residential cooperative after
20 control of the association has been transferred to the unit
21 owners if, following the conversion, the unit owners will be
22 the same persons who were unit owners of the cooperative and
23 no units are offered for sale or lease to the public as part
24 of the plan of conversion. A state, county, or municipal
25 entity is not a developer for any purposes under this chapter
26 when it is acting as a lessor and not otherwise named as a
27 developer in the association.
28
29 (Redesignate subsequent sections.)
30
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SENATE AMENDMENT
Bill No. CS for SB 2548, 1st Eng.
Amendment No. ___ Barcode 222284
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 On page 1, lines 2 and 3, delete those lines
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5 and insert:
6 An act relating to land development; amending
7 s. 197.502, F.S.; providing for the issuance of
8 an escheatment tax deed that is free and clear
9 of any tax certificates, accrued taxes, and
10 liens of any nature for certain properties;
11 providing immunity for a county from
12 environmental liability for certain properties
13 that escheat to the county; providing for a
14 written agreement between a county and the
15 Department of Environmental Protection which
16 addresses any investigative and remedial acts
17 necessary for certain properties; providing
18 legislative findings with respect to the
19 shortage of affordable rentals in the state;
20 providing a statement of important public
21 purpose; providing definitions; authorizing
22 local governments to permit accessory dwelling
23 units in areas zoned for single-family
24 residential use based upon certain findings;
25 providing for certain accessory dwelling units
26 to apply towards satisfying the affordable
27 housing component of the housing element in a
28 local government's comprehensive plan;
29 requiring the Department of Community Affairs
30 to report to the Legislature; amending s.
31 163.3167, F.S.; requiring a local government to
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SENATE AMENDMENT
Bill No. CS for SB 2548, 1st Eng.
Amendment No. ___ Barcode 222284
1 address certain water supply sources in its
2 comprehensive plan; amending s. 163.3177, F.S.;
3 providing that rural land stewardship area
4 designation should be specifically encouraged
5 as an overlay on the future land use map;
6 extending the deadline for certain information
7 to be included in a comprehensive plan;
8 requiring a work plan to be updated at certain
9 intervals; requiring the Department of
10 Community Affairs, in cooperation with other
11 specified state agencies, to provide assistance
12 to local governments in implementing provisions
13 relating to rural land stewardship areas;
14 providing for multicounty rural land
15 stewardship areas; revising requirements,
16 including the acreage threshold for designating
17 a rural land stewardship area; providing that
18 transferable rural land use credits may be
19 assigned at different ratios according to the
20 natural resource or other beneficial use
21 characteristics of the land; providing
22 legislative findings regarding mixed-use,
23 high-density urban infill and redevelopment
24 projects; requiring the Department of Community
25 Affairs to provide technical assistance to
26 local governments; providing legislative
27 findings regarding a program for the transfer
28 of development rights and urban infill and
29 redevelopment; requiring the Department of
30 Community Affairs to provide technical
31 assistance to local governments; amending s.
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SENATE AMENDMENT
Bill No. CS for SB 2548, 1st Eng.
Amendment No. ___ Barcode 222284
1 163.3187, F.S.; providing an exception to the
2 limitation on the frequency of plan amendments;
3 amending s. 718.103, F.S.; prohibiting any
4 state, county, or municipal entity from being
5 deemed a developer for purposes of chapter 718,
6 F.S.; providing for
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