| 1 | A bill to be entitled |
| 2 | An act relating to migrant labor housing; amending s. |
| 3 | 381.0083, F.S.; adding required information to be provided |
| 4 | in written notice of the intent to construct, enlarge, |
| 5 | remodel, use, or occupy a migrant labor camp or |
| 6 | residential migrant housing or convert property for use as |
| 7 | a migrant labor camp or residential migrant housing; |
| 8 | providing that a local government may deny initial siting |
| 9 | of a migrant labor camp or residential migrant housing |
| 10 | under specified conditions; providing an effective date. |
| 11 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 14 | Section 1. Section 381.0083, Florida Statutes, is amended |
| 15 | to read: |
| 16 | 381.0083 Permit for migrant labor camp or residential |
| 17 | migrant housing; denial of siting by local government.-- |
| 18 | (1) Any person who is planning to construct, enlarge, |
| 19 | remodel, use, or occupy a migrant labor camp or residential |
| 20 | migrant housing or convert property for use as a migrant labor |
| 21 | camp or residential migrant housing must give written notice to |
| 22 | the department of the intent to do so at least 45 days before |
| 23 | beginning such construction, enlargement, or renovation. As part |
| 24 | of the written notice, any person who is planning to construct |
| 25 | or convert property for use as a migrant labor camp or |
| 26 | residential migrant housing shall provide the department with |
| 27 | documentation from the local government in which the migrant |
| 28 | labor camp or residential migrant housing is to be located that |
| 29 | the site of the camp or residential migrant housing has not been |
| 30 | denied as provided in subsection (2). If the local government |
| 31 | documentation has been provided as part of the written |
| 32 | notification and if the department is satisfied, after causing |
| 33 | an inspection to be made, that the camp or the residential |
| 34 | migrant housing meets the minimum standards of construction, |
| 35 | sanitation, equipment, and operation required by rules issued |
| 36 | under s. 381.0086 and that the applicant has paid the |
| 37 | application fees required by s. 381.0084, it shall issue in the |
| 38 | name of the department the necessary permit in writing on a form |
| 39 | to be prescribed by the department. The permit, unless sooner |
| 40 | revoked, shall expire on September 30 next after the date of |
| 41 | issuance, and it shall not be transferable. An application for a |
| 42 | permit shall be filed with the department 30 days prior to |
| 43 | operation. When there is a change in ownership of a currently |
| 44 | permitted migrant labor camp or residential migrant housing, the |
| 45 | new owner must file an application with the department at least |
| 46 | 15 days before the change. In the case of a facility owned or |
| 47 | operated by a public housing authority, an annual satisfactory |
| 48 | sanitation inspection of the living units by the Farmers Home |
| 49 | Administration or the Department of Housing and Urban |
| 50 | Development shall substitute for the pre-permitting inspection |
| 51 | required by the department. |
| 52 | (2) Notwithstanding the provisions of ss. 381.0014 and |
| 53 | 381.0016, a local government may deny the initial siting of a |
| 54 | migrant labor camp or residential migrant housing, whether by |
| 55 | construction or conversion of property for that use, when the |
| 56 | local government determines that the selected site meets any of |
| 57 | the following conditions: |
| 58 | (a) Does not conform to existing zoning regulations |
| 59 | applicable to other multifamily uses or similar uses in the |
| 60 | area. |
| 61 | (b) Does not meet licensing criteria for a migrant labor |
| 62 | camp or residential migrant housing in this chapter or |
| 63 | applicable rules of the department, including requirements that |
| 64 | the safety and welfare of all persons residing in a migrant |
| 65 | labor camp or residential migrant housing be assured by the |
| 66 | migrant labor camp or residential migrant housing. |
| 67 | (c) Will result in the substantial alteration of the |
| 68 | nature and character of the area. For the purpose of this |
| 69 | paragraph, "substantially alter the nature and character of the |
| 70 | area" means the location of a migrant labor camp or residential |
| 71 | migrant housing within a radius of 1,200 feet of any other |
| 72 | migrant labor camp or residential migrant housing in a |
| 73 | multifamily zone or within a radius of 500 feet of an area zoned |
| 74 | as single-family. The distance requirements in this paragraph |
| 75 | shall be measured from the nearest point of the existing migrant |
| 76 | labor camp or residential migrant housing or from the nearest |
| 77 | point of single-family zoning to the nearest point of the |
| 78 | proposed migrant labor camp or residential migrant housing. |
| 79 | Section 2. This act shall take effect October 1, 2007. |