Florida Senate - 2025                                    SB 1572
       
       
        
       By Senator Collins
       
       
       
       
       
       14-01165-25                                           20251572__
    1                        A bill to be entitled                      
    2         An act relating to adaptive reuse of land; creating
    3         ss. 125.01056 and 166.04152, F.S.; requiring counties
    4         and municipalities, respectively, to authorize certain
    5         allowable uses for the development of adaptive reuse
    6         projects; excluding developers of such projects from
    7         certain land regulations and requirements; providing
    8         legislative intent; requiring counties and
    9         municipalities to create programs to streamline the
   10         building permit and development order processes for
   11         such projects; requiring counties and municipalities
   12         to reduce parking requirements for such projects when
   13         certain conditions are met; requiring the Adaptive
   14         Reuse Public-Private Partnership Council to perform a
   15         certain evaluation as it relates to the reduction in
   16         parking; authorizing counties and municipalities to
   17         exempt from the levy of ad valorem taxes landowners
   18         and developers who provide for or develop land for
   19         certain housing units in adaptive reuse projects;
   20         requiring counties and municipalities to reduce impact
   21         fees by a specified amount for such landowners and
   22         developers; requiring counties and municipalities to
   23         exempt other specified taxes for landowners and
   24         developers of hotels or motels who operate as
   25         multifamily property and enter into certain lease
   26         agreements; requiring that adaptive reuse projects
   27         comply with general law and regulations; creating ss.
   28         125.01057 and 166.04153, F.S.; authorizing a board of
   29         county commissioners and a municipal governing body,
   30         respectively, to adopt an ordinance for transitional
   31         housing for a specified purpose; establishing
   32         eligibility requirements; establishing ordinance
   33         requirements; creating s. 163.32025, F.S.; providing a
   34         short title; providing legislative intent; authorizing
   35         the Florida Housing Finance Corporation to provide
   36         technical assistance to counties and municipalities;
   37         defining terms; creating the Adaptive Reuse Public
   38         Private Partnership Council to facilitate and oversee
   39         the development of adaptive reuse projects; providing
   40         for council membership; requiring annual election of
   41         the chair; providing meeting and project approval
   42         process requirements; providing reporting
   43         requirements; providing recordkeeping requirements;
   44         requiring the council to monitor approved projects for
   45         specified purposes; requiring the council to perform
   46         project evaluations on a regular basis of approved
   47         projects for specified purposes; prohibiting members
   48         of the council from receiving compensation;
   49         authorizing reimbursement for per diem and travel
   50         expenses for members; requiring the council to
   51         annually report specified information to the Governor
   52         and the Legislature by a specified date; providing for
   53         future repeal; providing an effective date.
   54          
   55  Be It Enacted by the Legislature of the State of Florida:
   56  
   57         Section 1. Section 125.01056, Florida Statutes, is created
   58  to read:
   59         125.01056Adaptive reuse of land.-
   60         (1)A county must authorize multifamily and mixed-use
   61  residential as allowable uses in any area zoned for commercial,
   62  industrial, or mixed use, or authorize hotels or motels to
   63  operate unencumbered as a transitional housing use, when an
   64  adaptive reuse project has been approved for the development of
   65  land under s. 163.32025.
   66         (2)Notwithstanding any other law, local ordinance, or
   67  regulation to the contrary, a county may not require the
   68  developer of a proposed adaptive reuse project to obtain a
   69  zoning or land use change, special exception, conditional use
   70  approval, variance, or comprehensive plan amendment for the
   71  zoning authorized under this section.
   72         (3)The Legislature intends to simplify and expedite the
   73  permitting process for adaptive reuse projects that have been
   74  approved for the development of land under s. 163.32025. The
   75  governing body of a county shall create a program to streamline
   76  the building permit and development order processes for such
   77  projects in accordance with the Florida Building Code and this
   78  section.
   79         (4)(a)A county shall reduce parking requirements for a
   80  proposed adaptive reuse project if:
   81         1.Land zoned for commercial use as a hotel or motel is
   82  rezoned for multifamily and mixed-use residential use. The
   83  county shall reduce parking to the unit ratio of 1:0.75 for
   84  studio units, 1:1 for single-bedroom units, and 1:1.25 for all
   85  other dwelling units.
   86         2.Land zoned for commercial use as an office building is
   87  rezoned for multifamily and mixed-use residential use. There
   88  must be an additional 20 percent variance or reduction in the
   89  required parking spaces.
   90         3.Land zoned for industrial, retail, school, religious, or
   91  recreational use is rezoned for multifamily and mixed-use
   92  residential use. There must be an additional 15 percent variance
   93  or reduction in the required parking spaces.
   94         (b)The Adaptive Reuse Public-Private Partnership Council
   95  created in s. 163.32025 shall evaluate any current and future
   96  impacts of a reduction in parking as part of its adaptive reuse
   97  project evaluation performed under s. 163.32025(5)(d).
   98         (5)(a)A county may exempt from the levy of ad valorem
   99  taxes landowners or developers who provide for or develop land
  100  for housing units that are affordable as defined in s.
  101  420.0004(3) in adaptive reuse projects.
  102         (b)A county shall reduce impact fees to one-third of the
  103  original face value for landowners or developers who provide for
  104  or develop land for housing units that are affordable as defined
  105  in s. 420.0004 in adaptive reuse projects.
  106         (c)A county shall exempt from the levy of sales tax,
  107  discretionary sales surtax, and any tourism-related tax
  108  landowners or developers of hotels or motels who operate such
  109  hotels or motels as multifamily property and enter into bona
  110  fide written agreements with tenants for continuous residence
  111  for longer than 6 months.
  112         (6)Except as otherwise provided in this section, an
  113  adaptive reuse project approved under s. 163.32025 must comply
  114  with all applicable state and local laws and regulations.
  115         Section 2. Section 125.01057, Florida Statutes, is created
  116  to read:
  117         125.01057Transitional housing ordinances.-
  118         (1)Notwithstanding any other provision of law, a board of
  119  county commissioners may adopt an ordinance for the purpose of
  120  transitional housing to increase the supply of affordable
  121  housing.
  122         (2)For the development of property to be eligible as
  123  transitional housing under this section, all of the following
  124  criteria must be met:
  125         (a)The property is a hotel or motel development that
  126  accommodates 50 or more units.
  127         (b)There is an existing hotel or motel footprint that
  128  provides for essential living space design elements, including
  129  full kitchens, full bathrooms, queen-size beds or larger,
  130  electrical panels, and adequate life safety and fire suppression
  131  requirements.
  132         (c)The units contain minimum amenities, including full
  133  kitchens with stoves, Internet access, cable television or
  134  streaming service, and laundry facilities.
  135         (d)Any unit that is leased for 6 months or more is subject
  136  to the Florida Residential Landlord and Tenant Act.
  137         (e)Any unit that is subject to lease for 6 months or more
  138  is assigned an individual mailbox that meets postal requirements
  139  and is located in the hotel or motel lobby or a covered outdoor
  140  area.
  141         (f)The property development meets the requirements of the
  142  Florida Building Code and the Florida Fire Prevention Code.
  143         (3)An ordinance adopted under this section must:
  144         (a)Be adopted under the procedures for adoption of a
  145  nonemergency ordinance by a board of county commissioners
  146  specified in this chapter.
  147         (b)Designate the local entity under the supervision of the
  148  board of county commissioners which must develop, receive, and
  149  review applications and develop notices of determination of
  150  eligibility.
  151         (c)Require the local entity to verify that the property
  152  meets the requirements of the ordinance and forward the notice
  153  to the applicant. If the local entity denies the application, it
  154  must notify the applicant and include reasons for the denial.
  155         (d)Require the property to meet the eligibility criteria
  156  specified in paragraph (2)(a).
  157         (e)Require that the deadline to submit an application be
  158  published on the county’s website.
  159         (f)Require the county to post on its website a list of
  160  properties receiving the transitional housing designation for
  161  the purpose of facilitating access to affordable housing.
  162         Section 3. Section 163.32025, Florida Statutes, is created
  163  to read:
  164         163.32025Adaptive Reuse Public-Private Partnership
  165  Council.-
  166         (1)This section may be cited as the “Adaptive Reuse
  167  Initiative Act.”
  168         (2)This section is intended to promote economic
  169  revitalization, address affordable housing needs, and encourage
  170  sustainable development by evaluating and supporting adaptive
  171  reuse projects through the redevelopment of underutilized
  172  property in this state.
  173         (3)The Florida Housing Finance Corporation is authorized
  174  to provide technical assistance to counties and municipalities
  175  to support implementation of this section.
  176         (4)As used in this section, the term:
  177         (a)“Affordable housing” has the same meaning as in s.
  178  163.3164(3).
  179         (b)“Council” means the Adaptive Reuse Public-Private
  180  Partnership Council.
  181         (c)“Governmental agency” has the same meaning as in s.
  182  163.3164(21).
  183         (d)“Local planning agency” has the same meaning as in s.
  184  163.3164(30).
  185         (e)“Project” means an adaptive reuse project submitted for
  186  approval under this section.
  187         (f)“State land planning agency” means the Department of
  188  Commerce.
  189         (5)(a)There is created the Adaptive Reuse Public-Private
  190  Partnership Council, an advisory council as defined in s. 20.03,
  191  to facilitate and oversee the process of evaluating the
  192  feasibility of adaptive reuse projects.
  193         (b)The council is composed of 12 members, as follows:
  194         1.Four members appointed by the Secretary of Commerce.
  195         2.Four members appointed by the local planning agency.
  196         3.Four members appointed from private sector industries,
  197  such as real estate development, architecture, construction,
  198  finance, and urban planning.
  199         (c)Members shall elect a chair annually.
  200         (d)1.The council shall meet at least biannually at the
  201  call of the chair. The business of the council must be presented
  202  to the council in the form of an agenda set by the chair and
  203  must include project proposals submitted to the council.
  204         2.Upon submission to the council of a project proposal,
  205  the chair shall nominate six members of the council to perform a
  206  project evaluation. The chair shall nominate one member to
  207  prepare and submit a written report. The report must contain an
  208  assessment of the viability of the project proposal, including
  209  any reduction in parking pursuant to s. 125.01056(4)(a).
  210         3.The council shall hold a public hearing to provide the
  211  local community, stakeholders, and residents affected by the
  212  proposed project the opportunity to be heard.
  213         4.The council shall review and vote on each project
  214  proposal based on the findings of the project evaluation and
  215  public hearing. The council shall also consider the following
  216  criteria:
  217         a.Economic impact.
  218         b.Housing affordability.
  219         c.Environmental sustainability.
  220         d.Community benefits.
  221         e.Compliance with the Florida Building Code and the
  222  Florida Fire Prevention Code.
  223  
  224  Action by the council requires a majority vote of the members
  225  present, and the chair shall cast the deciding vote.
  226         (e)A majority of the members constitutes a quorum, and
  227  action by a majority of a quorum shall be official.
  228         (f)The chair of the council shall make a written report of
  229  each meeting and submit the report to the state land planning
  230  agency and local planning agency. Such report must include the
  231  names of the members present and a record of the council’s
  232  discussions and actions taken. The state land planning agency
  233  shall keep the records of the meetings on file and shall make
  234  the records available to any interested person or group.
  235         (g)The council shall monitor each project approved by the
  236  council to ensure compliance with the approved plans, the
  237  Florida Building Code, and the Florida Fire Prevention Code.
  238         (h)The council shall perform project evaluations on a
  239  regular basis, as determined by the chair, of approved projects
  240  to assess and ensure project implementation and to address any
  241  issue or problem that may arise.
  242         (i)A member may not receive a commission, fee, or
  243  financial benefit in connection with serving on the council.
  244  Council members may be reimbursed for per diem and travel
  245  expenses in accordance with s. 112.061 by the state agency that
  246  the member represents. If a member is not affiliated with a
  247  state agency, the member shall be reimbursed by the appropriate
  248  governmental agency.
  249         (j)By October 31 of each year, the council shall submit a
  250  report to the Governor, the President of the Senate, and the
  251  Speaker of the House of Representatives summarizing the
  252  activities and outcomes of the council during the preceding
  253  year.
  254         (6)In accordance with s. 20.052(8), this section is
  255  repealed October 2, 2028, unless reviewed and saved from repeal
  256  through reenactment by the Legislature.
  257         Section 4. Section 166.04152, Florida Statutes, is created
  258  to read:
  259         166.04152Adaptive reuse of land.-
  260         (1)A municipality must authorize multifamily and mixed-use
  261  residential as allowable uses in any area zoned for commercial,
  262  industrial, or mixed use, or authorize hotels or motels to
  263  operate unencumbered as a transitional housing use, when an
  264  adaptive reuse project has been approved for the development of
  265  land under s. 163.32025.
  266         (2)Notwithstanding any other law, local ordinance, or
  267  regulation to the contrary, a municipality may not require the
  268  developer of a proposed adaptive reuse project to obtain a
  269  zoning or land use change, special exception, conditional use
  270  approval, variance, or comprehensive plan amendment for the
  271  zoning authorized under this section.
  272         (3)The Legislature intends to simplify and expedite the
  273  permitting process for adaptive reuse projects that have been
  274  approved for the development of land under s. 163.32025. The
  275  municipal governing body shall create a program to streamline
  276  the building permit and development order processes for such
  277  projects in accordance with the Florida Building Code and this
  278  section.
  279         (4)(a)A municipality shall reduce parking requirements for
  280  a proposed adaptive reuse project if:
  281         1.Land zoned for commercial use as a hotel or motel is
  282  rezoned for multifamily and mixed-use residential use. The
  283  county shall reduce parking to the unit ratio of 1:0.75 for
  284  studio units, 1:1 for single-bedroom units, and 1:1.25 for all
  285  other dwelling units.
  286         2.Land zoned for commercial use as an office building is
  287  rezoned for multifamily and mixed-use residential use. There
  288  must be an additional 20 percent variance or reduction in the
  289  required parking spaces.
  290         3.Land zoned for industrial, retail, school, religious, or
  291  recreational use is rezoned for multifamily and mixed-use
  292  residential use. There must be an additional 15 percent variance
  293  or reduction in the required parking spaces.
  294         (b)The Adaptive Reuse Public-Private Partnership Council
  295  created in s. 163.32025 shall evaluate any current and future
  296  impacts of a reduction in parking as part of its adaptive reuse
  297  project evaluation under s. 163.32025(4)(d).
  298         (5)(a)A municipality may exempt from the levy of ad
  299  valorem taxes landowners or developers who provide for or
  300  develop land for housing units that are affordable as defined in
  301  s. 420.0004(3) in adaptive reuse projects.
  302         (b)A municipality shall reduce impact fees to one-third of
  303  the original face value for landowners or developers who provide
  304  for or develop land for housing units that are affordable as
  305  defined in s. 420.0004 in adaptive reuse projects.
  306         (c)A municipality shall exempt from the levy of sales tax,
  307  discretionary sales surtax, and any tourism-related tax
  308  landowners or developers of hotels or motels who operate such
  309  hotels or motels as multifamily property and enter into bona
  310  fide written agreements with tenants for continuous residence
  311  for longer than 6 months.
  312         (6)Except as otherwise provided in this section, an
  313  adaptive reuse project approved under s. 163.32025 must comply
  314  with all applicable state and local laws and regulations.
  315         Section 5. Section 166.04153, Florida Statutes, is created
  316  to read:
  317         166.04153Transitional housing ordinances.-
  318         (1)Notwithstanding any other provision of law, a municipal
  319  governing body may adopt an ordinance for the purpose of
  320  transitional housing to increase the supply of affordable
  321  housing.
  322         (2)For the development of property to be eligible as
  323  transitional housing, all of the following criteria must be met:
  324         (a)The property is a hotel or motel development that
  325  accommodates 50 or more units.
  326         (b)There is an existing hotel or motel footprint that
  327  provides for essential living space design elements, including
  328  full kitchens, full bathrooms, queen-size beds or larger,
  329  electrical panels, and adequate life safety and fire suppression
  330  requirements.
  331         (c)The units contain minimum amenities, including full
  332  kitchens with stoves, Internet access, cable television or
  333  streaming service, and laundry facilities.
  334         (d)Any unit that is leased for 6 months or more is subject
  335  to the Florida Residential Landlord and Tenant Act.
  336         (e)Any unit that is subject to lease for 6 months or more
  337  is assigned an individual mailbox located in the hotel or motel
  338  lobby or a covered outdoor area, and such mailbox meets postal
  339  requirements.
  340         (f)The property development meets the requirements of the
  341  Florida Building Code and the Florida Fire Prevention Code.
  342         (3)An ordinance adopted under this section must:
  343         (a)Be adopted under the procedures for adoption of a
  344  nonemergency ordinance by a municipal governing body specified
  345  in this chapter.
  346         (b)Designate the local entity under the supervision of the
  347  governing body of a municipality which must develop, receive,
  348  and review applications and develop notices of determination of
  349  eligibility.
  350         (c)Require the local entity to verify that the property
  351  meets the requirements of the ordinance and forward the notice
  352  to the applicant. If the local entity denies the application, it
  353  must notify the applicant and include reasons for the denial.
  354         (d)Require the property to meet the eligibility criteria
  355  specified in paragraph (2)(a).
  356         (e)Require that the deadline to submit an application be
  357  published on the municipality’s website.
  358         (f)Require the municipality to post on its website a list
  359  of properties receiving the transitional housing designation for
  360  the purpose of facilitating access to affordable housing.
  361         Section 6. This act shall take effect July 1, 2025.