Florida Senate - 2020                          SENATOR AMENDMENT
       Bill No. CS/CS/CS/HB 1339, 2nd Eng.
       
       
       
       
       
       
                                Ì780448@Î780448                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             03/10/2020 01:58 PM       .                                
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       Senator Brandes moved the following:
       
    1         Senate Amendment to Amendment (105450) (with title
    2  amendment)
    3  
    4         Delete lines 5 - 158
    5  and insert:
    6         Section 1. Section 125.01055, Florida Statutes, is amended
    7  to read:
    8         125.01055 Affordable housing.—
    9         (1) Notwithstanding any other provision of law, a county
   10  may adopt and maintain in effect any law, ordinance, rule, or
   11  other measure that is adopted for the purpose of increasing the
   12  supply of affordable housing using land use mechanisms such as
   13  inclusionary housing or linkage fee ordinances.
   14         (2) An inclusionary housing ordinance may require a
   15  developer to provide a specified number or percentage of
   16  affordable housing units to be included in a development or
   17  allow a developer to contribute to a housing fund or other
   18  alternatives in lieu of building the affordable housing units.
   19         (3)An affordable housing linkage fee ordinance may require
   20  the payment of a flat or percentage-based fee, whether
   21  calculated on the basis of the number of approved dwelling
   22  units, the amount of approved square footage, or otherwise.
   23         (4)However, In exchange for a developer fulfilling the
   24  requirements of subsection (1) or subsection (2), a county must
   25  provide incentives to fully offset all costs to the developer of
   26  its affordable housing contribution or linkage fee. Such
   27  incentives may include, but are not limited to:
   28         (a) Allowing the developer density or intensity bonus
   29  incentives or more floor space than allowed under the current or
   30  proposed future land use designation or zoning;
   31         (b) Reducing or waiving fees, such as impact fees or water
   32  and sewer charges; or
   33         (c) Granting other incentives.
   34         (5)(3) Subsection (2) does not apply in an area of critical
   35  state concern, as designated in s. 380.0552.
   36         (6) Notwithstanding any other law or local ordinance or
   37  regulation to the contrary, the board of county commissioners
   38  may approve the development of housing that is affordable, as
   39  defined in s. 420.0004, on any parcel zoned for residential,
   40  commercial, or industrial use.
   41         Section 2. Paragraph (d) of subsection (3) of section
   42  129.03, Florida Statutes, is amended to read:
   43         129.03 Preparation and adoption of budget.—
   44         (3) The county budget officer, after tentatively
   45  ascertaining the proposed fiscal policies of the board for the
   46  next fiscal year, shall prepare and present to the board a
   47  tentative budget for the next fiscal year for each of the funds
   48  provided in this chapter, including all estimated receipts,
   49  taxes to be levied, and balances expected to be brought forward
   50  and all estimated expenditures, reserves, and balances to be
   51  carried over at the end of the year.
   52         (d) By October 15, 2019, and each October 15 annually
   53  thereafter, the county budget officer shall electronically
   54  submit the following information regarding the final budget and
   55  the county’s economic status to the Office of Economic and
   56  Demographic Research in the format specified by the office:
   57         1. Government spending per resident, including, at a
   58  minimum, the spending per resident for the previous 5 fiscal
   59  years.
   60         2. Government debt per resident, including, at a minimum,
   61  the debt per resident for the previous 5 fiscal years.
   62         3. Median income within the county.
   63         4. The average county employee salary.
   64         5. Percent of budget spent on salaries and benefits for
   65  county employees.
   66         6. Number of special taxing districts, wholly or partially,
   67  within the county.
   68         7. Annual county expenditures providing for the financing,
   69  acquisition, construction, reconstruction, or rehabilitation of
   70  housing that is affordable, as that term is defined in s.
   71  420.0004. The reported expenditures must indicate the source of
   72  such funds as “federal,” “state,” “local,” or “other,” as
   73  applicable. The information required by this subparagraph must
   74  be included in the submission due by October 15, 2020, and each
   75  annual submission thereafter.
   76         Section 3. Subsections (3) and (4) of section 163.31771,
   77  Florida Statutes, are amended to read:
   78         163.31771 Accessory dwelling units.—
   79         (3) A Upon a finding by a local government that there is a
   80  shortage of affordable rentals within its jurisdiction, the
   81  local government may adopt an ordinance to allow accessory
   82  dwelling units in any area zoned for single-family residential
   83  use.
   84         (4) If the local government adopts an ordinance under this
   85  section, An application for a building permit to construct an
   86  accessory dwelling unit must include an affidavit from the
   87  applicant which attests that the unit will be rented at an
   88  affordable rate to an extremely-low-income, very-low-income,
   89  low-income, or moderate-income person or persons.
   90         Section 4. Subsection (10) is added to section 163.31801,
   91  Florida Statutes, to read:
   92         163.31801 Impact fees; short title; intent; minimum
   93  requirements; audits; challenges.—
   94         (10)In addition to the items that must be reported in the
   95  annual financial reports under s. 218.32, a county,
   96  municipality, or special district must report all of the
   97  following data on all impact fees charged:
   98         (a)The specific purpose of the impact fee, including the
   99  specific infrastructure needs to be met, including, but not
  100  limited to, transportation, parks, water, sewer, and schools.
  101         (b)The impact fee schedule policy describing the method of
  102  calculating impact fees, such as flat fees, tiered scales based
  103  on number of bedrooms, or tiered scales based on square footage.
  104         (c)The amount assessed for each purpose and for each type
  105  of dwelling.
  106         (d)The total amount of impact fees charged by type of
  107  dwelling.
  108         (e) Each exception and waiver provided for construction or
  109  development of housing that is affordable.
  110         Section 5. Section 166.04151, Florida Statutes, is amended
  111  to read:
  112         166.04151 Affordable housing.—
  113         (1) Notwithstanding any other provision of law, a
  114  municipality may adopt and maintain in effect any law,
  115  ordinance, rule, or other measure that is adopted for the
  116  purpose of increasing the supply of affordable housing using
  117  land use mechanisms such as inclusionary housing or linkage fee
  118  ordinances.
  119         (2) An inclusionary housing ordinance may require a
  120  developer to provide a specified number or percentage of
  121  affordable housing units to be included in a development or
  122  allow a developer to contribute to a housing fund or other
  123  alternatives in lieu of building the affordable housing units.
  124         (3) An affordable housing linkage fee ordinance may require
  125  the payment of a flat or percentage-based fee, whether
  126  calculated on the basis of the number of approved dwelling
  127  units, the amount of approved square footage, or otherwise.
  128         (4)However, In exchange for a developer fulfilling the
  129  requirements of subsection (1) or subsection (2), a municipality
  130  must provide incentives to fully offset all costs to the
  131  developer of its affordable housing contribution or linkage fee.
  132  Such incentives may include, but are not limited to:
  133         (a) Allowing the developer density or intensity bonus
  134  incentives or more floor space than allowed under the current or
  135  proposed future land use designation or zoning;
  136         (b) Reducing or waiving fees, such as impact fees or water
  137  and sewer charges; or
  138         (c) Granting other incentives.
  139         (5)(3) Subsection (2) does not apply in an area of critical
  140  state concern, as designated by s. 380.0552 or chapter 28-36,
  141  Florida Administrative Code.
  142         (6) Notwithstanding any other law or local ordinance or
  143  
  144  ================= T I T L E  A M E N D M E N T ================
  145  And the title is amended as follows:
  146         Delete lines 1694 - 1716
  147  and insert:
  148         125.01055, F.S.; adding linkage fee ordinances as land
  149         use mechanisms that counties are authorized to adopt
  150         and maintain; providing that affordable housing
  151         linkage fee ordinances may require the payment of
  152         certain fees; authorizing a board of county
  153         commissioners to approve development of affordable
  154         housing on any parcel zoned for residential,
  155         commercial, or industrial use; amending s. 129.03,
  156         F.S.; revising the information required to be annually
  157         submitted by county budget officers to the Office of
  158         Economic and Demographic Research; requiring certain
  159         information to be included beginning in a specified
  160         submission; amending s. 163.31771, F.S.; revising
  161         conditions under which local governments are
  162         authorized to adopt ordinances that allow accessory
  163         dwelling units in any area zoned for single-family
  164         residential use; amending s. 163.31801, F.S.;
  165         requiring counties, municipalities, and special
  166         districts to include certain data relating to impact
  167         fees in their annual financial reports; amending s.
  168         166.04151, F.S.; adding linkage fee ordinances as land
  169         use mechanisms that municipalities are authorized to
  170         adopt and maintain; providing that affordable housing
  171         linkage fee ordinances may require the payment of
  172         certain fees; authorizing governing bodies of