Florida Senate - 2024                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 328
       
       
       
       
       
       
                                Ì155140nÎ155140                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             02/07/2024 10:35 AM       .                                
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       Senator Calatayud moved the following:
       
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 113 - 384
    4  and insert:
    5  include the density of any building that met the requirements of
    6  this subsection or the density of any building that has received
    7  any bonus, variance, or other special exception for density
    8  provided in the county’s land development regulations as an
    9  incentive for development.
   10         (c) A county may not restrict the floor area ratio of a
   11  proposed development authorized under this subsection below 150
   12  percent of the highest currently allowed floor area ratio on any
   13  unincorporated land in the county where development is allowed
   14  under the county’s land development regulations. For purposes of
   15  this paragraph, the term “highest currently allowed floor area
   16  ratio does not include the floor area ratio of any building
   17  that met the requirements of this subsection or the floor area
   18  ratio of any building that has received any bonus, variance, or
   19  other special exception for floor area ratio provided in the
   20  county’s land development regulations as an incentive for
   21  development. For purposes of this subsection, the term floor
   22  area ratio includes floor lot ratio.
   23         (d)1.(c) A county may not restrict the height of a proposed
   24  development authorized under this subsection below the highest
   25  currently allowed height for a commercial or residential
   26  building development located in its jurisdiction within 1 mile
   27  of the proposed development or 3 stories, whichever is higher.
   28  For purposes of this paragraph, the term “highest currently
   29  allowed height does not include the height of any building that
   30  met the requirements of this subsection or the height of any
   31  building that has received any bonus, variance, or other special
   32  exception for height provided in the county’s land development
   33  regulations as an incentive for development.
   34         2. If the proposed development is adjacent to, on two or
   35  more sides, a parcel zoned for single-family residential use
   36  which is within a single-family residential development with at
   37  least 25 contiguous single-family homes, the county may restrict
   38  the height of the proposed development to 150 percent of the
   39  tallest building on any property adjacent to the proposed
   40  development, the highest currently allowed height for the
   41  property provided in the county’s land development regulations,
   42  or 3 stories, whichever is higher. For the purposes of this
   43  paragraph, the term “adjacent to” means those properties sharing
   44  more than one point of a property line, but does not include
   45  properties separated by a public road.
   46         (e)(d) A proposed development authorized under this
   47  subsection must be administratively approved and no further
   48  action by the board of county commissioners is required if the
   49  development satisfies the county’s land development regulations
   50  for multifamily developments in areas zoned for such use and is
   51  otherwise consistent with the comprehensive plan, with the
   52  exception of provisions establishing allowable densities, floor
   53  area ratios, height, and land use. Such land development
   54  regulations include, but are not limited to, regulations
   55  relating to setbacks and parking requirements. A proposed
   56  development located within one-quarter mile of a military
   57  installation identified in s. 163.3175(2) may not be
   58  administratively approved. Each county shall maintain on its
   59  website a policy containing procedures and expectations for
   60  administrative approval pursuant to this subsection.
   61         (f)1.(e) A county must consider reducing parking
   62  requirements for a proposed development authorized under this
   63  subsection if the development is located within one-quarter one
   64  half mile of a major transit stop, as defined in the county’s
   65  land development code, and the major transit stop is accessible
   66  from the development.
   67         2.A county must reduce parking requirements by at least 20
   68  percent for a proposed development authorized under this
   69  subsection if the development:
   70         a. Is located within one-half mile of a major
   71  transportation hub that is accessible from the proposed
   72  development by safe, pedestrian-friendly means, such as
   73  sidewalks, crosswalks, elevated pedestrian or bike paths, or
   74  other multimodal design features; and
   75         b. Has available parking within 600 feet of the proposed
   76  development which may consist of options such as on-street
   77  parking, parking lots, or parking garages available for use by
   78  residents of the proposed development. However, a county may not
   79  require that the available parking compensate for the reduction
   80  in parking requirements.
   81         3.A county must eliminate parking requirements for a
   82  proposed mixed-use residential development authorized under this
   83  subsection within an area recognized by the county as a transit
   84  oriented development or area, as provided in paragraph (h).
   85         4.For purposes of this paragraph, the term “major
   86  transportation hub” means any transit station, whether bus,
   87  train, or light rail, which is served by public transit with a
   88  mix of other transportation options.
   89         (g)(f) For proposed multifamily developments in an
   90  unincorporated area zoned for commercial or industrial use which
   91  is within the boundaries of a multicounty independent special
   92  district that was created to provide municipal services and is
   93  not authorized to levy ad valorem taxes, and less than 20
   94  percent of the land area within such district is designated for
   95  commercial or industrial use, a county must authorize, as
   96  provided in this subsection, such development only if the
   97  development is mixed-use residential.
   98         (h)A proposed development authorized under this subsection
   99  which is located within a transit-oriented development or area,
  100  as recognized by the county, must be mixed-use residential and
  101  otherwise comply with requirements of the county’s regulations
  102  applicable to the transit-oriented development or area except
  103  for use, height, density, floor area ratio, and parking as
  104  provided in this subsection or as otherwise agreed to by the
  105  county and the applicant for the development.
  106         (i)(g) Except as otherwise provided in this subsection, a
  107  development authorized under this subsection must comply with
  108  all applicable state and local laws and regulations.
  109         (j)1.Nothing in this subsection precludes a county from
  110  granting a bonus, variance, conditional use, or other special
  111  exception for height, density, or floor area ratio in addition
  112  to the height, density, and floor area ratio requirements in
  113  this subsection.
  114         2. Nothing in this subsection precludes a proposed
  115  development authorized under this subsection from receiving a
  116  bonus for density, height, or floor area ratio pursuant to an
  117  ordinance or regulation of the jurisdiction where the proposed
  118  development is located if the proposed development satisfies the
  119  conditions to receive the bonus except for any condition which
  120  conflicts with this subsection. If a proposed development
  121  qualifies for such bonus, the bonus must be administratively
  122  approved by the county and no further action by the board of
  123  county commissioners is required.
  124         (k)(h) This subsection does not apply to:
  125         1. Airport-impacted areas as provided in s. 333.03.
  126         2. Property defined as recreational and commercial working
  127  waterfront in s. 342.201(2)(b) in any area zoned as industrial.
  128         (l)(i) This subsection expires October 1, 2033.
  129         (8)Any development authorized under paragraph (7)(a) must
  130  be treated as a conforming use even after the expiration of
  131  subsection (7) and the development’s affordability period as
  132  provided in paragraph (7)(a), notwithstanding the county’s
  133  comprehensive plan, future land use designation, or zoning. If
  134  at any point during the development’s affordability period the
  135  development violates the affordability period requirement
  136  provided in paragraph (7)(a), the development must be allowed a
  137  reasonable time to cure such violation. If the violation is not
  138  cured within a reasonable time, the development must be treated
  139  as a nonconforming use.
  140         Section 2. Subsection (7) of section 166.04151, Florida
  141  Statutes, is amended, and subsection (8) is added to that
  142  section, to read:
  143         166.04151 Affordable housing.—
  144         (7)(a) A municipality must authorize multifamily and mixed
  145  use residential as allowable uses in any area zoned for
  146  commercial, industrial, or mixed use if at least 40 percent of
  147  the residential units in a proposed multifamily rental
  148  development are rental units that, for a period of at least 30
  149  years, are affordable as defined in s. 420.0004. Notwithstanding
  150  any other law, local ordinance, or regulation to the contrary, a
  151  municipality may not require a proposed multifamily development
  152  to obtain a zoning or land use change, special exception,
  153  conditional use approval, variance, or comprehensive plan
  154  amendment for the building height, zoning, and densities
  155  authorized under this subsection. For mixed-use residential
  156  projects, at least 65 percent of the total square footage must
  157  be used for residential purposes.
  158         (b) A municipality may not restrict the density of a
  159  proposed development authorized under this subsection below the
  160  highest currently allowed density on any land in the
  161  municipality where residential development is allowed under the
  162  municipality’s land development regulations. For purposes of
  163  this paragraph, the term “highest currently allowed density
  164  does not include the density of any building that met the
  165  requirements of this subsection or the density of any building
  166  that has received any bonus, variance, or other special
  167  exception for density provided in the municipality’s land
  168  development regulations as an incentive for development.
  169         (c) A municipality may not restrict the floor area ratio of
  170  a proposed development authorized under this subsection below
  171  150 percent of the highest currently allowed floor area ratio on
  172  any land in the municipality where development is allowed under
  173  the municipality’s land development regulations. For purposes of
  174  this paragraph, the term “highest currently allowed floor area
  175  ratio does not include the floor area ratio of any building
  176  that met the requirements of this subsection or the floor area
  177  ratio of any building that has received any bonus, variance, or
  178  other special exception for floor area ratio provided in the
  179  municipality’s land development regulations as an incentive for
  180  development. For purposes of this subsection, the term “floor
  181  area ratio” includes floor lot ratio.
  182         (d)1.(c) A municipality may not restrict the height of a
  183  proposed development authorized under this subsection below the
  184  highest currently allowed height for a commercial or residential
  185  building development located in its jurisdiction within 1 mile
  186  of the proposed development or 3 stories, whichever is higher.
  187  For purposes of this paragraph, the term “highest currently
  188  allowed height does not include the height of any building that
  189  met the requirements of this subsection or the height of any
  190  building that has received any bonus, variance, or other special
  191  exception for height provided in the municipality’s land
  192  development regulations as an incentive for development.
  193         2. If the proposed development is adjacent to, on two or
  194  more sides, a parcel zoned for single-family residential use
  195  that is within a single-family residential development with at
  196  least 25 contiguous single-family homes, the municipality may
  197  restrict the height of the proposed development to 150 percent
  198  of the tallest building on any property adjacent to the proposed
  199  development, the highest currently allowed height for the
  200  property provided in the municipality’s land development
  201  regulations, or 3 stories, whichever is higher. For the purposes
  202  of this paragraph, the term “adjacent to” means those properties
  203  sharing more than one point of a property line, but does not
  204  include properties separated by a public road.
  205         (e)(d) A proposed development authorized under this
  206  subsection must be administratively approved and no further
  207  action by the governing body of the municipality is required if
  208  the development satisfies the municipality’s land development
  209  regulations for multifamily developments in areas zoned for such
  210  use and is otherwise consistent with the comprehensive plan,
  211  with the exception of provisions establishing allowable
  212  densities, floor area ratios, height, and land use. Such land
  213  development regulations include, but are not limited to,
  214  regulations relating to setbacks and parking requirements. A
  215  proposed development located within one-quarter mile of a
  216  military installation identified in s. 163.3175(2) may not be
  217  administratively approved. Each municipality shall maintain on
  218  its website a policy containing procedures and expectations for
  219  administrative approval pursuant to this subsection.
  220         (f)1.(e) A municipality must consider reducing parking
  221  requirements for a proposed development authorized under this
  222  subsection if the development is located within one-quarter one
  223  half mile of a major transit stop, as defined in the
  224  municipality’s land development code, and the major transit stop
  225  is accessible from the development.
  226         2.A municipality must reduce parking requirements by at
  227  least 20 percent for a proposed development authorized under
  228  this subsection if the development:
  229         a. Is located within one-half mile of a major
  230  transportation hub that is accessible from the proposed
  231  development by safe, pedestrian-friendly means, such as
  232  sidewalks, crosswalks, elevated pedestrian or bike paths, or
  233  other multimodal design features.
  234         b. Has available parking within 600 feet of the proposed
  235  development which may consist of options such as on-street
  236  parking, parking lots, or parking garages available for use by
  237  residents of the proposed development. However, a municipality
  238  may not require that the available parking compensate for the
  239  reduction in parking requirements.
  240         3.A municipality must eliminate parking requirements for a
  241  proposed mixed-use residential development authorized under this
  242  subsection within an area recognized by the municipality as a
  243  transit-oriented development or area, as provided in paragraph
  244  (h).
  245         4.For purposes of this paragraph, the term “major
  246  transportation hub” means any transit station, whether bus,
  247  train, or light rail, which is served by public transit with a
  248  mix of other transportation options.
  249         (g)(f) A municipality that designates less than 20 percent
  250  of the land area within its jurisdiction for commercial or
  251  industrial use must authorize a proposed multifamily development
  252  as provided in this subsection in areas zoned for commercial or
  253  industrial use only if the proposed multifamily development is
  254  mixed-use residential.
  255         (h)A proposed development authorized under this subsection
  256  which is located within a transit-oriented development or area,
  257  as recognized by the municipality, must be mixed-use residential
  258  and otherwise comply with requirements of the municipality’s
  259  regulations applicable to the transit-oriented development or
  260  area except for use, height, density, floor area ratio, and
  261  parking as provided in this subsection or as otherwise agreed to
  262  by the municipality and the applicant for the development.
  263         (i)(g) Except as otherwise provided in this subsection, a
  264  development authorized under this subsection must comply with
  265  all applicable state and local laws and regulations.
  266         (j)1.Nothing in this subsection precludes a municipality
  267  from granting a bonus, variance, conditional use, or other
  268  special exception to height, density, or floor area ratio in
  269  addition to the height, density, and floor area ratio
  270  requirements in this subsection.
  271         2. Nothing in this subsection precludes a proposed
  272  development authorized under this subsection from receiving a
  273  bonus for density, height, or floor area ratio pursuant to an
  274  ordinance or regulation of the jurisdiction where the proposed
  275  development is located if the proposed development satisfies the
  276  conditions to receive the bonus except for any condition which
  277  conflicts with this subsection. If a proposed development
  278  qualifies for such bonus, the bonus must be administratively
  279  approved by the municipality and no further action by the
  280  governing body of the municipality is required.
  281         (k)(h) This subsection does not apply to:
  282         1. Airport-impacted areas as provided in s. 333.03.
  283         2. Property defined as recreational and commercial working
  284  waterfront in s. 342.201(2)(b) in any area zoned as industrial.
  285         (l)(i) This subsection expires October 1, 2033.
  286         (8)Any development authorized under paragraph (7)(a) must
  287  be treated as a conforming use even after the expiration of
  288  subsection (7) and the development’s affordability period as
  289  provided in paragraph (7)(a), notwithstanding the municipality’s
  290  comprehensive plan, future land use designation, or zoning. If
  291  at any point during the development’s affordability period the
  292  development violates the affordability period requirement
  293  provided in paragraph (7)(a), the development must be allowed a
  294  reasonable time to cure such violation. If the violation is not
  295  cured within a reasonable time, the development must be treated
  296  as a nonconforming use.
  297         Section 3. An applicant for a proposed development
  298  authorized under s. 125.01055(7) or s. 166.04151(7), Florida
  299  Statutes, who submitted an application, written request, or
  300  notice of intent to utilize such provisions to the county or
  301  municipality and which has been received by the county or
  302  municipality, as applicable, before the effective date of this
  303  act may notify the county or municipality by July 1, 2024, of
  304  its intent to proceed under the provisions of ss. 125.01055(7)
  305  or 166.04151(7), Florida Statutes, as they existed at the time
  306  of submittal. A county or municipality shall allow an applicant
  307  who submitted such application, written request, or notice of
  308  intent before the effective date of this act the opportunity to
  309  submit a revised application, written request, or notice of
  310  intent to account for the changes made by this act.
  311  
  312  ================= T I T L E  A M E N D M E N T ================
  313  And the title is amended as follows:
  314         Delete lines 36 - 41
  315  and insert:
  316         specified conditions are satisfied; requiring that
  317         such bonuses be administratively approved by counties
  318         and municipalities, respectively; revising
  319         applicability; authorizing that specified developments
  320         be treated as a conforming use under certain
  321         circumstances; authorizing that specified developments
  322         be treated as a nonconforming use under certain
  323         circumstances; authorizing applicants for certain
  324         proposed developments to notify a county or
  325         municipality, as applicable, of their intent to
  326         proceed under certain provisions; requiring counties
  327         and municipalities to allow certain applicants to
  328         submit a revised application, written request, or
  329         notice of intent; amending s. 196.1978, F.S.; revising