Senate Bill sb2298

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                                  SB 2298

    By Senator Alexander





    17-1121A-07                                         See HB 255

  1                      A bill to be entitled

  2         An act relating to migrant labor housing;

  3         amending s. 381.0083, F.S.; adding required

  4         information to be provided in written notice of

  5         the intent to construct, enlarge, remodel, use,

  6         or occupy a migrant labor camp or residential

  7         migrant housing or convert property for use as

  8         a migrant labor camp or residential migrant

  9         housing; providing that a local government may

10         deny initial siting of a migrant labor camp or

11         residential migrant housing under specified

12         conditions; providing an effective date.

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14  Be It Enacted by the Legislature of the State of Florida:

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16         Section 1.  Section 381.0083, Florida Statutes, is

17  amended to read:

18         381.0083  Permit for migrant labor camp or residential

19  migrant housing; denial of siting by local government.--

20         (1)  Any person who is planning to construct, enlarge,

21  remodel, use, or occupy a migrant labor camp or residential

22  migrant housing or convert property for use as a migrant labor

23  camp or residential migrant housing must give written notice

24  to the department of the intent to do so at least 45 days

25  before beginning such construction, enlargement, or

26  renovation. As part of the written notice, any person who is

27  planning to construct or convert property for use as a migrant

28  labor camp or residential migrant housing shall provide the

29  department with documentation from the local government in

30  which the migrant labor camp or residential migrant housing is

31  to be located that the site of the camp or residential migrant

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    Florida Senate - 2007                                  SB 2298
    17-1121A-07                                         See HB 255




 1  housing has not been denied as provided in subsection (2). If

 2  the local government documentation has been provided as part

 3  of the written notification and if the department is

 4  satisfied, after causing an inspection to be made, that the

 5  camp or the residential migrant housing meets the minimum

 6  standards of construction, sanitation, equipment, and

 7  operation required by rules issued under s. 381.0086 and that

 8  the applicant has paid the application fees required by s.

 9  381.0084, it shall issue in the name of the department the

10  necessary permit in writing on a form to be prescribed by the

11  department. The permit, unless sooner revoked, shall expire on

12  September 30 next after the date of issuance, and it shall not

13  be transferable. An application for a permit shall be filed

14  with the department 30 days prior to operation. When there is

15  a change in ownership of a currently permitted migrant labor

16  camp or residential migrant housing, the new owner must file

17  an application with the department at least 15 days before the

18  change. In the case of a facility owned or operated by a

19  public housing authority, an annual satisfactory sanitation

20  inspection of the living units by the Farmers Home

21  Administration or the Department of Housing and Urban

22  Development shall substitute for the pre-permitting inspection

23  required by the department.

24         (2)  Notwithstanding the provisions of ss. 381.0014 and

25  381.0016, a local government may deny the initial siting of a

26  migrant labor camp or residential migrant housing, whether by

27  construction or conversion of property for that use, when the

28  local government determines that the selected site meets any

29  of the following conditions:

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    Florida Senate - 2007                                  SB 2298
    17-1121A-07                                         See HB 255




 1         (a)  Does not conform to existing zoning regulations

 2  applicable to other multifamily uses or similar uses in the

 3  area.

 4         (b)  Does not meet licensing criteria for a migrant

 5  labor camp or residential migrant housing in this chapter or

 6  applicable rules of the department, including requirements

 7  that the safety and welfare of all persons residing in a

 8  migrant labor camp or residential migrant housing be assured

 9  by the migrant labor camp or residential migrant housing.

10         (c)  Will result in the substantial alteration of the

11  nature and character of the area. For the purpose of this

12  paragraph, "substantially alter the nature and character of

13  the area" means the location of a migrant labor camp or

14  residential migrant housing within a radius of 1,200 feet of

15  any other migrant labor camp or residential migrant housing in

16  a multifamily zone or within a radius of 500 feet of an area

17  zoned as single-family. The distance requirements in this

18  paragraph shall be measured from the nearest point of the

19  existing migrant labor camp or residential migrant housing, or

20  from the nearest area of single-family zoning, to the nearest

21  point of the proposed migrant labor camp or residential

22  migrant housing.

23         Section 2.  This act shall take effect October 1, 2007.

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