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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CODING: Words stricken are deletions; words underlined are additions.
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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CODING: Words stricken are deletions; words underlined are additions.
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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CODING: Words stricken are deletions; words underlined are additions.