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: |
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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 uses in the area. |
60 | (b) Does not meet licensing criteria for a migrant labor |
61 | camp or residential migrant housing in this chapter or |
62 | applicable rules of the department, including requirements that |
63 | the safety and welfare of all persons residing in a migrant |
64 | labor camp or residential migrant housing be assured by the |
65 | migrant labor camp or residential migrant housing. |
66 | (c) Will result in the substantial alteration of the |
67 | nature and character of the area. For the purpose of this |
68 | paragraph, "substantially alter the nature and character of the |
69 | area" means the location of a migrant labor camp or residential |
70 | migrant housing within a radius of 1,200 feet of any other |
71 | migrant labor camp or residential migrant housing in a |
72 | multifamily zone or within a radius of 500 feet of an area zoned |
73 | as single-family. |
74 | Section 2. This act shall take effect October 1, 2007. |