HB 255

1
A bill to be entitled
2An act relating to migrant labor housing; amending s.
3381.0083, F.S.; adding required information to be provided
4in written notice of the intent to construct, enlarge,
5remodel, use, or occupy a migrant labor camp or
6residential migrant housing or convert property for use as
7a migrant labor camp or residential migrant housing;
8providing that a local government may deny initial siting
9of a migrant labor camp or residential migrant housing
10under specified conditions; providing an effective date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  Section 381.0083, Florida Statutes, is amended
15to read:
16     381.0083  Permit for migrant labor camp or residential
17migrant housing; denial of siting by local government.--
18     (1)  Any person who is planning to construct, enlarge,
19remodel, use, or occupy a migrant labor camp or residential
20migrant housing or convert property for use as a migrant labor
21camp or residential migrant housing must give written notice to
22the department of the intent to do so at least 45 days before
23beginning such construction, enlargement, or renovation. As part
24of the written notice, any person who is planning to construct
25or convert property for use as a migrant labor camp or
26residential migrant housing shall provide the department with
27documentation from the local government in which the migrant
28labor camp or residential migrant housing is to be located that
29the site of the camp or residential migrant housing has not been
30denied as provided in subsection (2). If the local government
31documentation has been provided as part of the written
32notification and if the department is satisfied, after causing
33an inspection to be made, that the camp or the residential
34migrant housing meets the minimum standards of construction,
35sanitation, equipment, and operation required by rules issued
36under s. 381.0086 and that the applicant has paid the
37application fees required by s. 381.0084, it shall issue in the
38name of the department the necessary permit in writing on a form
39to be prescribed by the department. The permit, unless sooner
40revoked, shall expire on September 30 next after the date of
41issuance, and it shall not be transferable. An application for a
42permit shall be filed with the department 30 days prior to
43operation. When there is a change in ownership of a currently
44permitted migrant labor camp or residential migrant housing, the
45new owner must file an application with the department at least
4615 days before the change. In the case of a facility owned or
47operated by a public housing authority, an annual satisfactory
48sanitation inspection of the living units by the Farmers Home
49Administration or the Department of Housing and Urban
50Development shall substitute for the pre-permitting inspection
51required by the department.
52     (2)  Notwithstanding the provisions of ss. 381.0014 and
53381.0016, a local government may deny the initial siting of a
54migrant labor camp or residential migrant housing, whether by
55construction or conversion of property for that use, when the
56local government determines that the selected site meets any of
57the following conditions:
58     (a)  Does not conform to existing zoning regulations
59applicable to other uses in the area.
60     (b)  Does not meet licensing criteria for a migrant labor
61camp or residential migrant housing in this chapter or
62applicable rules of the department, including requirements that
63the safety and welfare of all persons residing in a migrant
64labor camp or residential migrant housing be assured by the
65migrant labor camp or residential migrant housing.
66     (c)  Will result in the substantial alteration of the
67nature and character of the area. For the purpose of this
68paragraph, "substantially alter the nature and character of the
69area" means the location of a migrant labor camp or residential
70migrant housing within a radius of 1,200 feet of any other
71migrant labor camp or residential migrant housing in a
72multifamily zone or within a radius of 500 feet of an area zoned
73as single-family.
74     Section 2.  This act shall take effect October 1, 2007.


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