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A bill to be entitled

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An act relating to affordable housing; amending s.

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163.3177, F.S.; requiring that a county adopt a local land

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development regulation that requires certain housing to be

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affordable; requiring the county to transmit a copy of

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such regulation to the Department of Community Affairs;

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requiring the state land planning agency to adopt rules by

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a certain date; providing a penalty if a local government

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fails to adopt and transmit the regulation to the state

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land planning agency; creating s. 163.32461, F.S.;

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providing legislative intent relating to the availability

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of affordable housing; providing definitions; providing

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for expedited state and regional review of proposals for

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affordable housing developments; requiring that certain

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counties and municipalities amend their local

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comprehensive plans by a certain date to include criteria

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for such review; providing that such review applies within

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an urban service area; requiring certain counties to amend

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their comprehensive plans to include rural affordable

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housing overlay by a certain date; providing that certain

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future land use map amendments are subject to the

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alternative state review process; requiring the state land

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planning agency to adopt a schedule; providing a penalty

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for a local government that fails to comply with such

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schedule; requiring certain counties and municipalities to

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provide density bonuses; providing limitations on such

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density bonuses; requiring a local government to establish

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procedures for the unified and streamlined review of

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proposals for affordable housing developments near an

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employment center; providing for the expedited review and

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issuance of certain permit applications; exempting certain

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affordable housing developments from the transportation

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concurrency requirements; repealing s. 420.615, F.S.,

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relating to affordable housing land donation density bonus

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incentives; providing an effective date.

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

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     Section 1.  Paragraph (f) of subsection (6) of section

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163.3177, Florida Statutes, is amended to read:

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     163.3177  Required and optional elements of comprehensive

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plan; studies and surveys.--

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     (6)  In addition to the requirements of subsections (1)-(5)

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and (12), the comprehensive plan shall include the following

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elements:

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     (f)1.  A housing element consisting of standards, plans, and

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principles to be followed in:

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     a.  The provision of housing for all current and anticipated

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future residents of the jurisdiction.

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     b.  The elimination of substandard dwelling conditions.

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     c.  The structural and aesthetic improvement of existing

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housing.

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     d.  The provision of adequate sites for future housing,

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including affordable workforce housing as defined in s.

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380.0651(3)(j), housing for low-income, very low-income, and

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moderate-income families, mobile homes, and group home facilities

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and foster care facilities, with supporting infrastructure and

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public facilities.

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     e.  Provision for relocation housing and identification of

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historically significant and other housing for purposes of

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conservation, rehabilitation, or replacement.

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     f.  The formulation of housing implementation programs.

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     g.  The creation or preservation of affordable housing to

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minimize the need for additional local services and avoid the

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concentration of affordable housing units only in specific areas

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of the jurisdiction.

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     h.  By July 1, 2008, each county in which the gap between

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the buying power of a family of four and the median county home

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sale price exceeds $170,000, as determined by the Florida Housing

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Finance Corporation, and which is not designated as an area of

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critical state concern shall adopt a plan for ensuring affordable

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workforce housing. At a minimum, the plan shall identify adequate

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sites for such housing. For purposes of this sub-subparagraph,

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the term "workforce housing" means housing that is affordable to

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natural persons or families whose total household income does not

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exceed 140 percent of the area median income, adjusted for

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household size.

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     i.  Failure by a local government to comply with the

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requirement in sub-subparagraph h. will result in the local

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government being ineligible to receive any state housing

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assistance grants until the requirement of sub-subparagraph h. is

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met.

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The goals, objectives, and policies of the housing element must

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be based on the data and analysis prepared on housing needs,

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including the affordable housing needs assessment. State and

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federal housing plans prepared on behalf of the local government

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must be consistent with the goals, objectives, and policies of

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the housing element. Local governments are encouraged to utilize

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job training, job creation, and economic solutions to address a

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portion of their affordable housing concerns.

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     2.  To assist local governments in housing data collection

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and analysis and assure uniform and consistent information

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regarding the state's housing needs, the state land planning

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agency shall conduct an affordable housing needs assessment for

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all local jurisdictions on a schedule that coordinates the

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implementation of the needs assessment with the evaluation and

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appraisal reports required by s. 163.3191. Each local government

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shall utilize the data and analysis from the needs assessment as

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one basis for the housing element of its local comprehensive

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plan. The agency shall allow a local government the option to

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perform its own needs assessment, if it uses the methodology

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established by the agency by rule.

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     3. By July 1, 2009, each county shall adopt a local land

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development regulation that requires at least 15 percent of all

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newly constructed housing within developments of 200 or more

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residential units to be affordable as defined in s. 420.0004. The

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state land planning agency shall provide a model land development

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regulation to the county. Immediately after adoption, the county

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shall transmit a copy of the land development regulation to the

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state land planning agency. The state land planning agency shall

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adopt rules to implement the requirement, which must include, but

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need not be limited to, options for the distribution of units

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among income categories and mechanisms for creating long-term or

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permanent affordability. The requirement must be implemented by

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October 1, 2008, and may be adopted at the local level. If a

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local government fails to adopt a land development regulation in

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accordance with this subparagraph, such local government may not

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adopt amendments to its comprehensive plan which increase

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residential density until the land development regulation has

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been adopted and transmitted to the state land planning agency.

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     Section 2.  Section 163.32461, Florida Statutes, is created

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to read:

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     163.32461 Affordable housing growth strategies.--

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     (1) LEGISLATIVE INTENT.--It is the intent of the

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Legislature to increase the availability of affordable housing in

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the state consistent with this section, the State Comprehensive

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Plan, and the State Housing Strategy Act. The Legislature

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recognizes that construction costs increase as a result of

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regulatory delays in approving the development of affordable

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housing. The Legislature further recognizes that the state's

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growth management laws need to be amended in a manner that will

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assist in making affordable housing more readily available.

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Therefore, it is the intent of the Legislature to streamline and

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expedite state review of comprehensive plan amendments and local

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government review of development proposals that will provide for

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affordable housing. It is further the intent of the Legislature

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to require local governments to amend their respective local

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comprehensive plans so that there is a greater opportunity for

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the development of affordable housing. It is further the intent

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of the Legislature to establish a procedure for the state to

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review local decisions that deny a unified application to provide

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affordable housing.

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     (2) DEFINITIONS.--As used in this section, the term:

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     (a) "Expedited state and regional review" means the

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alternative state review process in s. 163.32465(2)-(6).

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     (b) "Affordable housing" means residential units subject to

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a deed restriction that requires the units to be sold or rented

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solely to a person qualifying as extremely low-income, low-

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income, moderate-income, or very-low-income as defined in s.

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420.0004.

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     (c) "Green affordable housing" means housing that is

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certified by a governmental or nonprofit organization which

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incorporates the principles of sustainable design and satisfies

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the Leadership in Energy and Environmental Design Standards, the

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Florida Green Building Coalition's Green Development Standards,

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or the standards of another certification program recognized by

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the state, and that is subject to a deed restriction that

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requires the units to be sold or rented solely to a person

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qualifying as extremely low-income, low-income, moderate-income,

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or very-low-income for a period of not less than 10 years.

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     (3) EXPEDITED REVIEW OF FUTURE LAND USE MAP AMENDMENTS.--

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     (a) Each county having a population greater than 75,000 and

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any municipality within such county shall amend its respective

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local comprehensive plan by July 1, 2009, to include specific

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criteria that a proposal for the development of affordable

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housing must satisfy in order to receive expedited state and

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regional review. The criteria may require, but need not be

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limited to, long-term deed or rental restrictions and a certain

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number of affordable units. The expedited review applies within

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an urban service area as identified in the local comprehensive

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plan.

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     (b) Each county having a population of 75,000 or fewer

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shall amend its local comprehensive plan to include a rural

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affordable housing overlay by July 1, 2010. The rural affordable

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housing overlay must identify areas that are appropriate for

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affordable housing and identify goals and policies to encourage

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the development of affordable housing in such identified areas.

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The county may adopt a rural land stewardship overlay as provided

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in s. 163.3177 at the same time as the rural affordable housing

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overlay.

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     (c) After a local government has amended its local

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comprehensive plan and confirmed by resolution that the future

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land use map amendment relating to affordable housing is

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consistent with the local government's comprehensive plan, such

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future land use map amendment is subject to the alternative

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review process provided in s. 163.32465(3)-(6). Any policies or

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map notations for a special area plan which are directly related

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to the land use map amendment may be adopted at the same time and

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in the same manner as the land use map amendment.

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     (d) The alternative review process applies to any future

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land use map amendment relating to a development in which all of

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the housing units are certified by a governmental or nonprofit

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organization as incorporating the principles of sustainable

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design and satisfying the Leadership in Energy and Environmental

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Design Standards, the Florida Green Building Coalition's Green

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Development Standards, or other certification program recognized

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by the state.

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     (e) The alternative review process applies to any future

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land use map amendment for a development in which all of the

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units meet the Florida Building Code Plus under part IV of

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chapter 553 or satisfy the Leadership in Energy and Environmental

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Design Standards, the Florida Green Building Coalition's Green

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Development Standards, or other certification program recognized

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by the state.

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     (f) The state land planning agency shall develop and adopt

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a schedule for local governments to follow when amending their

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respective comprehensive plans as required by this subsection.

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The state land planning agency shall develop a schedule that

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prioritizes the transmission of the comprehensive plan amendments

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based on data compiled by the Shimberg Center for Affordable

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Housing at the University of Florida in the 2005 Gap Between

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Buying Power and Median Sales Price, by County for Homesteaded

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Single Family Homes, with the local governments that have the

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greatest gap transmitting their amendments first.

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     (g) A local government that does not transmit an amendment

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to its comprehensive plan in accordance with the schedule is

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ineligible to receive any state funding for the affordable

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housing until the amendment has been transmitted to the state

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land planning agency.

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     (4) AFFORDABLE HOUSING DENSITY BONUSES.--Each county having

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a population greater than 75,000 and any municipality within such

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county shall amend its respective comprehensive plan by December

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31, 2009, to provide density bonuses that encourage the provision

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of affordable housing.

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     (a) Each local government shall amend its local

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comprehensive plan to provide a density bonus if land is donated

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for the development of affordable housing. The density bonus must

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be at least a 40-percent increase above the allowable number of

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residential units. The donated land must be suitable for the

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development of affordable housing and conveyed to the local

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government in fee simple. The local government may transfer all

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or a portion of the donated land to a nonprofit organization,

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including a community land trust, housing authority, or community

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redevelopment agency, to be used for the development and

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preservation of permanent affordable housing in a project in

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which at least 30 percent of the residential units are

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affordable.

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     (b) Each local government shall amend its comprehensive

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plan to provide a density bonus for the development of green

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affordable housing. The green affordable housing density bonus

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shall be at least a 40-percent increase above the allowable

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number of residential units.

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     (c) Each local government shall adopt, as part of its

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comprehensive plan, policies for the development of affordable

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housing and mixed-use affordable housing near employment centers

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requiring compact development and served by central water and

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sewer. Any development of affordable housing or mixed-use

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affordable housing that complies with the local comprehensive

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plan and is located within 2 miles of an existing employment

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center or an employment center shall receive at least a 40

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percent density bonus above the allowable number of residential

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units. For purposes of this paragraph, the term "employment

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center" means a single place of employment that employs 25 or

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more full-time employees and is not within a rural land

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stewardship area or sector plan.

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     (d) The density bonuses authorized under this subsection

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may be used only on land within a designated urban service area

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and not used on land within a coastal high-hazard area, an area

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of critical state concern, or any other hazard vulnerability

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zones or on lands identified in the local comprehensive plan as

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environmentally sensitive. The density bonuses do not require an

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amendment to the local comprehensive plan text or map and shall

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be awarded at the time the developer receives site plan approval

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for the development of the affordable housing units.

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     (5) UNIFIED APPLICATION AND STREAMLINED REVIEW.--Each local

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government subject to subsection (2) shall amend its

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comprehensive plan and subsequently amend its land development

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regulations to establish a process for the unified and

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streamlined review of an application for a proposal to develop

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affordable housing, green affordable housing, or mixed-use

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affordable housing near an employment center.

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     (a) Each local government shall develop a unified

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application for all comprehensive plan amendments related to

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affordable housing, green affordable housing, and mixed-use

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affordable housing. A local government may adopt procedures and

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requirements for a preapplication conference to coordinate with

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the applicant for the completion and submission of the

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application.

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     (b) Each local government shall adopt procedures that

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require an expedited review of a unified application. At a

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minimum, the procedures shall require the governing body of a

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local government to consider the comprehensive plan amendment

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portion of the unified application as provided in s. 163.32465(4)

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no later than 60 days after the application is complete. The

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procedures shall require the governing body of the local

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government to consider the entire unified application no later

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than 30 days after receipt of any agency comments submitted

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pursuant to 163.32465(4)(b).

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     (c) Upon consideration of a unified application, the

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governing body of a local government may approve, approve with

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conditions, or deny a request for a comprehensive plan amendment

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or rezoning.

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     (d) Each local government shall adopt procedures to ensure

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that applications for a subdivision, site plan approval, or

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building permits for affordable housing are issued expeditiously.

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     (6) TRANSPORTATION CONCURRENCY EXEMPTION.--Any development

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of affordable housing that is located within a designated urban

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service area is exempt from the transportation concurrency

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requirements of s. 163.3180.

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     Section 3. Section 420.615, Florida Statutes, is repealed.

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     Section 4.  This act shall take effect July 1, 2008.