Florida Senate - 2023                          SENATOR AMENDMENT
       Bill No. CS for SB 102
       
       
       
       
       
       
                                Ì895764PÎ895764                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                  Floor: WD            .                                
             03/08/2023 03:58 PM       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Calatayud moved the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 328 - 475
    4  and insert:
    5  residential as allowable uses in any area zoned for commercial,
    6  industrial, or mixed use if at least 40 percent of the
    7  residential units in a proposed multifamily rental development
    8  are, for a period of at least 30 years, affordable as defined in
    9  s. 420.0004. Notwithstanding any other law, local ordinance, or
   10  regulation to the contrary, a county may not require a proposed
   11  multifamily development to obtain a zoning or land use change,
   12  special exception, conditional use approval, variance, or
   13  comprehensive plan amendment for the building height, zoning,
   14  and densities authorized under this subsection. For mixed-use
   15  residential projects, at least 65 percent of the total square
   16  footage must be used for residential purposes.
   17         (b)A county may not restrict the density of a proposed
   18  development authorized under this subsection below the highest
   19  allowed density on any unincorporated land in the county where
   20  residential development is allowed.
   21         (c)A county may not restrict the height of a proposed
   22  development authorized under this subsection below the highest
   23  currently allowed height for a commercial or residential
   24  development located in its jurisdiction within 1 mile of the
   25  proposed development or 3 stories, whichever is higher.
   26         (d)A proposed development authorized under this subsection
   27  must be administratively approved and no further action by the
   28  board of county commissioners is required if the development
   29  satisfies the county’s land development regulations for
   30  multifamily developments in areas zoned for such use and is
   31  otherwise consistent with the comprehensive plan, with the
   32  exception of provisions establishing allowable densities,
   33  height, and land use. Such land development regulations include,
   34  but are not limited to, regulations relating to setbacks and
   35  parking requirements.
   36         (e)A county must consider reducing parking requirements
   37  for a proposed development authorized under this subsection if
   38  the development is located within one-half mile of a major
   39  transit stop, as defined in the county’s land development code,
   40  and the major transit stop is accessible from the development.
   41         (f)For proposed multifamily developments in an
   42  unincorporated area zoned for commercial or industrial use which
   43  is within the boundaries of a multicounty independent special
   44  district that was created to provide municipal services and is
   45  not authorized to levy ad valorem taxes, and less than 20
   46  percent of the land area within such district is designated for
   47  commercial or industrial use, a county must authorize, as
   48  provided in this subsection, such development only if the
   49  development is mixed-use residential.
   50         (g)Except as otherwise provided in this subsection, a
   51  development authorized under this subsection must comply with
   52  all applicable state and local laws and regulations.
   53         (h)This subsection expires October 1, 2033.
   54         Section 4. Section 125.379, Florida Statutes, is amended to
   55  read:
   56         125.379 Disposition of county property for affordable
   57  housing.—
   58         (1) By October 1, 2023 July 1, 2007, and every 3 years
   59  thereafter, each county shall prepare an inventory list of all
   60  real property within its jurisdiction to which the county or any
   61  dependent special district within its boundaries holds fee
   62  simple title which that is appropriate for use as affordable
   63  housing. The inventory list must include the address and legal
   64  description of each such real property and specify whether the
   65  property is vacant or improved. The governing body of the county
   66  must review the inventory list at a public hearing and may
   67  revise it at the conclusion of the public hearing. The governing
   68  body of the county shall adopt a resolution that includes an
   69  inventory list of such property following the public hearing.
   70  Each county shall make the inventory list publicly available on
   71  its website to encourage potential development.
   72         (2) The properties identified as appropriate for use as
   73  affordable housing on the inventory list adopted by the county
   74  may be used for affordable housing through a long-term land
   75  lease requiring the development and maintenance of affordable
   76  housing, offered for sale and the proceeds used to purchase land
   77  for the development of affordable housing or to increase the
   78  local government fund earmarked for affordable housing, or may
   79  be sold with a restriction that requires the development of the
   80  property as permanent affordable housing, or may be donated to a
   81  nonprofit housing organization for the construction of permanent
   82  affordable housing. Alternatively, the county or special
   83  district may otherwise make the property available for use for
   84  the production and preservation of permanent affordable housing.
   85  For purposes of this section, the term “affordable” has the same
   86  meaning as in s. 420.0004(3).
   87         (3) Counties are encouraged to adopt best practices for
   88  surplus land programs, including, but not limited to:
   89         (a)Establishing eligibility criteria for the receipt or
   90  purchase of surplus land by developers;
   91         (b)Making the process for requesting surplus lands
   92  publicly available; and
   93         (c)Ensuring long-term affordability through ground leases
   94  by retaining the right of first refusal to purchase property
   95  that would be sold or offered at market rate and by requiring
   96  reversion of property not used for affordable housing within a
   97  certain timeframe.
   98         Section 5. Subsections (5) and (6) of section 166.04151,
   99  Florida Statutes, are amended, and subsection (7) is added to
  100  that section, to read:
  101         166.04151 Affordable housing.—
  102         (5) Subsection (4) (2) does not apply in an area of
  103  critical state concern, as designated by s. 380.0552 or chapter
  104  28-36, Florida Administrative Code.
  105         (6) Notwithstanding any other law or local ordinance or
  106  regulation to the contrary, the governing body of a municipality
  107  may approve the development of housing that is affordable, as
  108  defined in s. 420.0004, including, but not limited to, a mixed
  109  use residential development, on any parcel zoned for
  110  residential, commercial, or industrial use. If a parcel is zoned
  111  for commercial or industrial use, an approval pursuant to this
  112  subsection may include any residential development project,
  113  including a mixed-use residential development project, so long
  114  as at least 10 percent of the units included in the project are
  115  for housing that is affordable and the developer of the project
  116  agrees not to apply for or receive funding under s. 420.5087.
  117  The provisions of this subsection are self-executing and do not
  118  require the governing body to adopt an ordinance or a regulation
  119  before using the approval process in this subsection.
  120         (7)(a) A municipality must authorize multifamily and mixed
  121  use residential as allowable uses in any area zoned for
  122  commercial, industrial, or mixed use if at least 40 percent of
  123  the residential units in a proposed multifamily rental
  124  development are, for a period of at least 30 years, affordable
  125  as defined in s. 420.0004. Notwithstanding any other law, local
  126  ordinance, or regulation to the contrary, a municipality may not
  127  require a proposed multifamily development to obtain a zoning or
  128  land use change, special exception, conditional use approval,
  129  variance, or comprehensive plan amendment for the building
  130  height, zoning, and densities authorized under this subsection.
  131  For mixed-use residential projects, at least 65 percent of the
  132  total square footage must be used for residential purposes.
  133         (b)A municipality may not restrict the density of a
  134  proposed development authorized under this subsection below the
  135  highest allowed density on any land in the municipality where
  136  residential development is allowed.
  137         (c)A municipality may not restrict the height of a
  138  proposed development authorized under this subsection below the
  139  highest currently allowed height for a commercial or residential
  140  development located in its jurisdiction within 1 mile of the
  141  proposed development or 3 stories, whichever is higher.
  142         (d)A proposed development authorized under this subsection
  143  must be administratively approved and no further action by the
  144  governing body of the municipality is required if the
  145  development satisfies the municipality’s land development
  146  regulations for multifamily developments in areas zoned for such
  147  use and is otherwise consistent with the comprehensive plan,
  148  with the exception of provisions establishing allowable
  149  densities, height, and land use. Such land development
  150  regulations include, but are not limited to, regulations
  151  relating to setbacks and parking requirements.
  152         (e)A municipality must consider reducing parking
  153  requirements for a proposed development authorized under this
  154  subsection if the development is located within one-half mile of
  155  a major transit stop, as defined in the municipality’s land
  156  development code, and the major transit stop is accessible from
  157  the development.
  158         (f)A municipality that designates less than 20 percent of
  159  the land area within its jurisdiction for commercial or
  160  industrial use must authorize a proposed multifamily development
  161  as provided in this subsection in areas zoned for commercial or
  162  industrial use only if the proposed multifamily development is
  163  mixed-use residential.
  164         (g)Except as otherwise provided in this subsection, a
  165  development authorized under this subsection must comply with
  166  all applicable state and local laws and regulations.
  167         (h)This subsection expires October 1, 2033.