Florida Senate - 2014                                     SB 644
       
       
        
       By Senator Simpson
       
       
       
       
       
       18-00433-14                                            2014644__
    1                        A bill to be entitled                      
    2         An act relating to accessory dwelling units; creating
    3         s. 163.31772, F.S.; providing legislative findings;
    4         providing definitions; authorizing certain property
    5         owners to construct accessory dwelling units for
    6         exclusive occupancy by specified seniors, disabled
    7         persons, or the caregivers of such persons under
    8         certain circumstances; requiring such property owners
    9         to submit an application and affidavit to local
   10         government authorities to construct an accessory
   11         dwelling unit; providing that accessory dwelling units
   12         must comply with specified local government
   13         regulations and are subject to local government fees
   14         and charges; providing civil penalties; exempting
   15         certain residential communities from the act;
   16         providing an effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Section 163.31772, Florida Statutes, is created
   21  to read:
   22         163.31772 Accessory dwelling units for seniors, disabled
   23  persons, or caregivers.—
   24         (1) The Legislature finds that the state faces a shortage
   25  of available and suitable affordable housing for the increasing
   26  population of seniors and their families within this state. The
   27  Legislature recognizes that disabled persons within this state
   28  encounter similar housing challenges. The Legislature further
   29  finds that semi-independent living arrangements that include
   30  family member or caregiver support and companionship are
   31  beneficial to seniors and disabled persons. Therefore, the
   32  Legislature finds that it serves an important public purpose to
   33  encourage semi-independent living of seniors and disabled
   34  persons by authorizing the construction of accessory dwelling
   35  units for such persons or their caregivers.
   36         (2) As used in this section, the term:
   37         (a) “Accessory dwelling unit” means an ancillary or
   38  secondary living unit of up to 850 square feet in gross internal
   39  area which may have a separate kitchen, bathroom, living area,
   40  and sleeping area and which exists within the primary dwelling
   41  unit or on the same residential real property as the primary
   42  dwelling unit.
   43         (b) “Caregiver” means a natural person who assists a senior
   44  or a disabled person with the activities of daily living as
   45  defined in s. 429.02(1).
   46         (c) “Disabled person” means a person with a disabling
   47  condition as defined in s. 420.0004.
   48         (d) “Gross internal area” means the floor area contained
   49  within the accessory dwelling unit measured to the internal face
   50  of the external walls.
   51         (e) “Local government” means a county or municipality.
   52         (f) “Primary dwelling unit” means the principal structure
   53  on residential real property used as a home, residence, or
   54  sleeping place by one person or by two or more persons who
   55  maintain a common household.
   56         (g) “Related senior” means a senior who is the natural or
   57  adoptive parent, grandparent, sibling, aunt, uncle, or first
   58  cousin of the property owner or the property owner’s spouse.
   59         (h) “Senior” means a person who is 60 years of age or
   60  older.
   61         (3) Notwithstanding any provision of law, an ordinance, a
   62  regulation, a resolution, or a local comprehensive plan to the
   63  contrary, the owner of residential real property in an area
   64  zoned for single-family residential use may construct an
   65  accessory dwelling unit on such property for the exclusive
   66  occupancy of:
   67         (a) A related senior, a disabled person, or the caregiver
   68  of a related senior, a disabled person, or the property owner
   69  living in the primary dwelling unit, if the property owner is a
   70  permanent resident of the primary dwelling unit.
   71         (b) The property owner, if the property owner is a senior,
   72  a disabled person, or the caregiver of a related senior or a
   73  disabled person living in the primary dwelling unit. The
   74  property owner must intend to be a permanent resident of the
   75  accessory dwelling unit and the primary dwelling unit must be
   76  occupied by a related senior, a disabled person, or a caregiver
   77  for the property owner.
   78         (4) To construct an accessory dwelling unit as authorized
   79  under subsection (3), the property owner shall submit to local
   80  government authorities:
   81         (a) An application for a building permit to construct an
   82  accessory dwelling unit; and
   83         (b) An affidavit of the property owner that attests that
   84  the unit will be occupied by the owner, a related senior, a
   85  disabled person, or the caregiver of such person as authorized
   86  by this section.
   87         (5) The accessory dwelling unit must comply with local
   88  government regulations related to parking, height, setback, lot
   89  coverage, and architectural or site plan review and is subject
   90  to applicable local government fees or charges.
   91         (6) A property owner who constructs an accessory dwelling
   92  unit pursuant to this section is subject to a civil penalty of
   93  up to $10,000, if:
   94         (a) Such accessory dwelling unit is occupied by any person
   95  except the property owner, a related senior, a disabled person,
   96  or the caregiver of such person as authorized by this section.
   97         (b)The property owner knowingly and willfully provides
   98  false information on the building permit application or
   99  affidavit required under subsection (4).
  100         (7) This section does not apply to residential communities
  101  with deed restrictions that prohibit the construction of
  102  accessory dwelling units.
  103         Section 2. This act shall take effect July 1, 2014.