10-06-09 Item 2fCITY OF SOUTH MIAMI
MEMORANDUM
To: Ajibola Balogun, City Manager
From: Thomas J. Vageline, Director
Planning and Zoning Department
Date: October 6, 2009
Re: Summary of Senate Bill 360
ITEM NO.
a
(fo )
Pursuant to the request of the City Commission on September 15, 2009, this memo
summarizing Senate Bill 360 (SB 360) is provided.
Abbreviations used in memo
DRI Development of Regional Impact
FDOT Florida Department of Transportation
LOS Level of Service
TCEA Transportation Concurrency Exception Area
Attached is a copy of SB 360 from Chapter 2009 -96 Laws of Florida. SB 360 is divided
into 35 sections. Each section addresses an item of the bill.
Section Number
1. The act may be cited as the "Community Renewal Act."
2. Amends and adds wording to section 163.3164 amending the definition of
"urban service area" to expand the definition to include Counties designated
as dense urban land areas.
It defines "dense urban land area ".
3. Amends portions of section 163.3177 regarding the annual update of the
capital improvements element. It delays the compliance of the capital
improvements element with the financial feasibility requirement from
December. 2008 to December 2011.
It states that the comprehensive plan and all plan amendments for land uses
within transportation concurrency exception areas are deemed to meet the
level of service (LOS) requirements.
It relaxes the school concurrency requirements.
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It includes the local government in possible sanctions for not entering into an
Interlocal agreement with the school board or failing to implement provisions
of school concurrency.
4. Amends section 163.3180 Concurrency.
Transportation concurrency cannot be solely enhanced through road widening.
Transportation Concurrency Exception Areas (TCEA) are more broadly
defined to include any area that is a dense urban land area. Any dense urban
land area shall within 2 years, amend its comprehensive plan to support and
fund mobility within the TCEA.
By February 1, 2015 the State Office of Program Policy Analysis and
Government Accountability shall submit a report to the Senate and the House
addressing the methods local governments have used to implement and fund
transportation strategies and to determine the effect on mobility, congestion,
urban design, the density and intensity of land use mixes and connectivity
plans.
The Office of Tourism, Trade and Economic Development in conjunction
with the local government may waive transportation concurrency for a
qualified job creation project.
Permits the counting of relocatable facilities in determining capacity for
school concurrency.
Adds charter schools as a way to meet capacity.
5. Amends section 163.31801 Impact fees to relieve the 90 day requirement to
delay effective date of impact fee changes if the fees are decreased, suspended
or eliminated.
6. Adds section 163.31802 prohibiting standards for security devices that require
a lawful business to expend funds.
7. Provides that a local government shall consider an application for zoning
changes that would be required to enact the provisions of any proposed plan
amendment transmitted. The zoning changes approved by the local
government are contingent upon the comprehensive plan or plan amendment
transmitted becoming effective.
8. Amends section 163.3187 Amendment of adopted comprehensive plan. This
changes the frequency of application for Developments of Regional. Impact
(DRI), Capital Improvement Element annual updates, and adds language to
designate urban services areas as a TCEA and areas exempt from the DRI
process.
9. Amends subsection (2) of section 163.32465. Adds designation of an urban
service area by a local government may be accomplished using the alternate
state review process.
10. Amends section 171.091. Requires that any change in municipal boundaries
through annexation or contraction must submit a statement to the Office of
Economic and Demographic Research indicating the population census effect
and the affected land area.
11. Amends section 186.509 to change mediation from voluntary to mandatory
for dispute resolutions between local governments, regional agencies and
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private interests to reconcile differences on planning and growth management
issues.
12. Amends and adds to section 380.06. For DRI projects the transportation
levels of service (LOS) shall be the same LOS used to evaluate concurrency.
Exempts uses of a DRI that include funding agreement with the Office of
Tourism, Trade and Economic Development under the Innovation Incentive
Program with a State award of at least $50 million. Adds subsection 29
exemptions for dense urban areas. Projects that are DRIB are exempt from the
requirement to file as a DRI if they are in a municipality that qualifies as a
dense urban area. Local governments must submit a development order to the
State land planning agency for projects that would be larger than 120 percent
of any applicable DRI threshold.
13. This section outlines the findings of the Legislature in that the present
transportation concurrency programs do not work. The State shall evaluate
and consider the implementation of a mobility fee to replace the existing
transportation concurrency system. The mobility fee should provide for
mobility needs, ensure that development provides mitigation for its impacts on
the transportation system in approximate proportionality to those impacts,
fairly distribute the fee among government entities responsible for
maintaining the impacted roadways, and promote compact, mixed -use, and
energy efficient development. The Florida Department of Transportation
(FDOT) along with the State land planning agency shall study the mobility fee
and recommend a final joint mobility methodology report to the Legislature
by December 1, 2009.
14. In recognition of 2009 real estate market conditions, any permit issued by the
Department of Environmental Protection or a water management district that
has an expiration date of September 1, 2008 through January 1, 2012 is
extended and renewed for 2 years following its date of expiration. This
extension includes any local government- issued development order or
building permit. The 2 year extension also applies to build out dates. The
holder of a valid permit or other authorization that is eligible for the 2 -year
extension shall notify the authorizing agency in writing no later than
December 31, 2009 including a timeframe for acting on the authorization.
The extension provision does not apply to permits of the Army Corps of
Engineers or a permit or other authorization that is determined to be in
significant non - compliance with the conditions of the permit, as identified
through the issuance of a warning letter or notice of violation or the initiation
of formal enforcement. Nothing in this section shall impair a municipality to
require the owner of a property that has notified the municipality of the
owner's intention to receive the extension of time, to maintain and secure the
property in a safe and sanitary condition.
15. Amends section 159.807 State allocation pool. Limits the access of the
Florida Housing Finance Corporation to the state allocation pool.
16. Creates section 193.018 Land owned by community land trust. Allows the
conveyance of structural improvements, condominium parcels or cooperative
parcels on specific parcels of land, with conditions. Requires that all remain
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affordable. Value of structural improvements, condominium parcels or
cooperative parcels providing affordable housing on land owned by a
community land trust and the land owned by the community land trust is
limited to an amount commensurate with the terms of the ground lease that
restricts the use of the land to the provision of affordable housing in
perpetuity.
17. Adds subsection (5) to section 196.196. Determining if property is entitled to
charitable, religious, scientific or literary exemption. Subsection focuses on
affordable housing. Penalties for misrepresentations of exemptions.
18. Amends section 196.1978. Affordable Housing property exemption. Clarifies
language of section.
19. Amends section 212.055. Clarifies use of local government infrastructure
surtax.
20. Amends section 163.3202. Maintaining the density of properties with
adequate infrastructure, that are not in coastal high hazard areas.
21. Adding subsection (25) to section 420.503. Defines moderate rehabilitation.
22. Adding subsection (47) to section 420.507. Provides for preference for
developers and general contractors domiciled in the state and for those with
affordable housing experience.
23. Amends section 420.5087. Provides that developers or general contractors
have substantial experience. Projects to include green building principles,
storm - resistant construction, or other elements that reduce long -term costs
relating to maintenance, utilities and insurance.
24. Amends section 420.622. Provides for the acquisition of property for
homeless programs.
25. Creates section 420.628. Affordable housing for children and young adults
living in foster care. Provides that the Department of Children and Family
Services to make affordable housing available to young adults who leave the
child welfare system.
26. Amends and adds to section 420.9071. Clarifies some definitions. Adds
definitions for assisted housing and preservation.
27. Amends section 420.9072. Provides for one -time relocation grants to persons
who meet the income requirements of the State Housing Initiatives
Partnership Program.
28. Amends and adds to section 420.9073. Local housing distributions are
changed to quarterly instead of monthly, subject to availability of funds.
Provides for withholding of funds from the Local Government Housing Trust
Fund to provide for emergency funding as necessary. Provides for
withholding of funds from the Local Government Housing Trust Fund for the
purchase of properties for which foreclosure proceedings have been initiated.
29. Amends and adds to section 420.9075. Adds persons with disabilities to the
list of eligible persons for affordable housing. Each eligible county or
municipality shall describe initiatives in the local housing assistance plan to
encourage or require innovative design, green building principles, storm -
resistant construction, or other elements that reduce long -term costs relating to
maintenance, utilities or insurance. Develop a strategy for the preservation of
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assisted housing. No more then 20% of funds made available from the local
housing distribution may be used for manufactured housing. Preconstruction
due - diligence activities may be included as part of the program costs if the
result is the finding that the units may not be preserved. Program expenses
may not exceed 3% of the annual local housing distribution. Funds may be
awarded as a grant for construction, rehabilitation or repair as part of disaster
recovery or emergency repairs or to remedy accessibility or health and safety
deficiencies. If funds are expended for an ineligible activity, then the funds
must be repaid to the local housing assistance trust fund. '
30. Amends section 420.9076. Clarifies appointments to the advisory committee
on affordable housing.
31. Section 420.9078 is repealed.
32. Amends section 420.9079. Local government housing trust fund. Clarifies
subsections that apply to this section.
33. Amends section 1001.43. Supplemental powers and duties of the district
school board. A district may use portions of sites purchased for schools,
deemed not usable for educational purposes to provide sites for affordable
housing.
34. Finding by the Legislature that this act fulfills an important state issue.
35. This act shall take effect upon becoming a law.
Approved by the Governor June 1, 2009.
Filed in Office Secretary of State June 1, 2009.
Planning genesis /SB 360 /SB `360 memo summary of bill 9 -17 -2009
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CHAPTER 2009 -96
Committee Substitute for.
Committee Substitute for Senate Bill No. 360
An act relating to growth management; providing a short title; amend-
ing s. 163.3164, F.S.; revising the definition of the term "existing
urban service area "; providing a definition for the term "dense urban
land area" and providing requirements of the Office of Economic and
Demographic Research and the state land planning agency with
respect thereto; amending s. 163.3177, F.S.; revising requirements
for, adopting amendments to the capital improvements element of a
local comprehensive plan; revising requirements for future land use
plan elements and intergovernmental coordination elements of a
local comprehensive plan; revising requirements for the public
school facilities element implementing a school- concurrency pro-
gram; deleting a penalty for local governments that fail to adopt a
public school facilities element and interlocal agreement; authoriz-
ing the Administration Commission to impose sanctions; deleting
authority of the Administration Commission to impose sanctions on
a school board; amending s. 163.3180, F.S.; revising concurrency
requirements; providing legislative findings relating to transporta-
tion concurrency exception areas; providing for the applicability of
transportation concurrency exception areas; deleting certain re-
quirements for transportation concurrency exception areas; provid-
ing that the designation of a transportation concurrency exception
area does not limit a local government's home rule power to adopt
ordinances or impose fees and does not affect any contract or agree-
ment entered into or development order rendered before such desig-
nation; requiring the Office of Program Policy Analysis and Govern-
ment Accountability to submit a report to the Legislature concerning
the effects of the transportation concurrency exception areas; autho-
rizing local governments to provide for a waiver of transportation
concurrency requirements for certain projects under certain circum-
stances; revising school concurrency requirements; requiring char-
ter schools to be considered as a mitigation option under certain
circumstances; amending s. 163.31801, F.S.; revising requirements
for adoption of impact fees; creating s. 163.31802, F.S.; prohibiting
establishment of local standards for security cameras requiring
businesses to expend funds to enhance local. governmental services
or functions under certain circumstances; amending s. 163.3184,
F.S.; revising a definition; requiring local governments to consider
applications for certain zoning changes required to comply with pro-
posed plan amendments; amending s. 163.3187, F.S.; revising cer-
tain comprehensive plan amendments that are exempt from the
twice - per -year limitation; exempting certain additional comprehen-
sive plan amendments from the twice -per -year limitation; amending.
s. 163.32465, F.S.; authorizing_ local governments to use the.alterna-
tive state review process to designate urban service areas; amending
s. 171.091, F.S.; requiring-that a municipality submit a copy of any
revision to the charter boundary article which results from an an=
nexation or contraction to the Office of Economic and Demographic .
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Ch. 2009 -96 LAWS OF FLORIDA Ch. 2009 -96
Research; amending s. 186.509, F.S.; revising provisions relating to
a dispute resolution process to reconcile differences on planning and
growth management issues between certain parties of interest; pro-
viding for mandatory mediation; amending s..380.06, F.S.; specify-
ing levels of service required in the transportation methodology to
be the same levels of service used to evaluate concurrency; revising
statutory exemptions from the development of the regional impact
review process; providing exemptions for dense urban land areas
from the development -of- regional- impact program; providing excep-
tions; providing legislative findings and determinations relating to
replacing the existing transportation concurrency system with a
mobility fee system; requiring the state land planning agency and
the Department of Transportation to continue mobility fee studies;
requiring a joint report on a mobility fee methodology study to the
Legislature; specifying report requirements; correcting cross -
references; providing for extending and renewing certain permits
subject to certain expiration dates; providing for application of the
extension to certain related activities; providing for extension of
commencement and completion dates; requiring permitholders to
notify authorizing agencies of intent to use the extension and antici-
pated time of the extension; specifying nonapplication to certain
permits; providing for application of certain rules to extended per-
mits; preserving the authority of counties and municipalities to im-
pose certain security and sanitary requirements on property owners
under certain circumstances; requiring permitholders to notify per-
mitting agencies of intent to use the extension; amending s. 159.807,
F.S.; providing limitations on the Florida Housing Finance Corpora-
tion's access to the state allocation pool; deleting a provision exempt-
ing the corporation from the applicability of certain uses of the state
allocation pool; creating s. 193.018, F.S.; providing for the assess-
ment of property receiving the low- income housing tax credit; defin-
ing the term "community land trust "; providing for the assessment
of structural improvements, condominium parcels, and cooperative
parcels on land owned by a community land trust and used to pro-
vide affordable housing; providing for the conveyance of structural
improvements, condominium parcels, and cooperative parcels sub-
ject to certain conditions; specifying the criteria to be used in arriv-
ing at just valuation of a structural improvement, condominium
parcel, or cooperative parcel; amending s. 196.196, F.S.; providing
additional criteria for determining whether certain affordable hous-
ing property owned by certain exempt organizations is entitled to an
exemption from ad valorem taxation; providing a definition; subject-
ing organizations owning certain property to ad valorem taxation
under certain circumstances; providing for tax liens; providing for
penalties and interest; providing an exception; providing notice re-
quirements; amending s. 196.1978, F.S.; providing that property
owned by certain nonprofit entities or Florida -based limited partner-
ships and used or held for the purpose of providing affordable hous-
ing to certain income - qualified persons is exempt from ad valorem
taxation; revising legislative intent; amending s. 212.055, F.S.; rede-
fining the term "infrastructure" to allow the proceeds of a local
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Ch. 2009 -96 LAWS OF FLORIDA' Ch. 2009 -96
government infrastructure surtax to be used to purchase land for
certain purposes relating to construction of. affordable housing;
amending s. 163.3202, F.S.; requiring that local land development
regulations maintain the existing density of residential properties
or recreational vehicle parks under certain circumstances; amend-
ing s. 420.503, F.S.; defining the term "moderate rehabilitation" for
purposes of the Florida Housing Finance Corporation Act; amending
s. 420.507, F.S.; providing the corporation with the power to provide
by rule the criteria for developer and contractor preference; provid-
ing criteria for the valuation of domicile and experience of develop-
ers and general contractors; amending s. 420.5087, F.S.; revising
purposes for which state apartment incentive loans may be used;
amending s. 420.622, F.S.; authorizing the agencies that provide a
local homeless assistance continuum of care to use homeless housing
assistance grants, provided by the State Office of Homelessness
within the Department of Children and Family Services, to acquire
transitional or permanent housing units for homeless persons; creat-
ing s. 420.628, F.S.; providing legislative findings and intent; requir-
ing certain governmental entities to develop and implement strate-
gies and procedures designed to increase affordable housing oppor-
tunities for young adults who are leaving the child welfare system;
amending s. 420.9071, F.S.; revising and providing definitions;
amending s. 420.9072, F.S.; conforming a cross - reference; authoriz-
ing counties and eligible municipalities to use funds from the State
Housing Initiatives Partnership Program to provide relocation
grants for persons who are evicted from rental properties that are
in foreclosure; providing eligibility requirements for receiving a
grant; providing that authorization for the relocation grants expires
July 1, 2010; amending s. 420.9073, F.S.; revising the frequency with
which local housing distributions are to be made by the corporation;
authorizing the corporation to withhold funds from the total distri-
bution annually for specified purposes; requiring counties and eligi-
ble municipalities that receive local housing distributions to expend
those funds in a specified manner; amending s. 420.9075, F.S.; re-
quiring that local housing assistance plans address the special hous-
ing needs of persons with disabilities; authorizing counties and cer-
tain municipalities to assist persons and households meeting spe-
cific income requirements; revising requirements to be included in
the local housing assistance plan; requiring counties and certain
municipalities to include certain initiatives and strategies in the
local housing assistance plan; revising criteria that applies to
awards made for the purpose of providing eligible housing; authoriz-
ing and limiting the percentage of funds from the local housing
distribution which may be used for manufactured housing; extend-
ing the expiration date of an exemption from certain income require-
ments in specified areas; providing for retroactive application; au-
thorizing the use of certain funds for preconstruction activities; pro -
viding that certain costs are a program expense; authorizing coun-
ties and certain municipalities to award grant funds under certain
conditions; providing for the repayment of funds by the local housing
assistance trust fund; amending s: 420.9076, F.S.; revising appoint-
ments to a local affordable housing advisory committee; revising
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Ch. 2009 -96 LAWS OF FLORIDA Ch. 2009 -96
notice requirements for public hearings of the advisory committee;
requiring the committee's final report, evaluation, and recommenda-
tions to be submitted to the corporation; deleting cross - references to
conform to changes made by the act; repealing s. 420.9078, F.S.,
relating to state administration of funds remaining in the Local
Government Housing Trust Fund; amending s. 420.9079, F.S.; con-
forming cross - references; amending s. 1001.43, F.S.; revising district
school board powers and duties in relation to use of land for afford-
able housing in certain areas for certain personnel; providing a legis-
lative declaration of important state interest; providing an effective
date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. This act may be cited as the "Community Renewal Act."
Section 2. Subsection (29) of section 163.3164, Florida Statutes, is
amended, and subsection (34) is added to that section, to read:
163.3164 Local Government Comprehensive Planning and Land Devel-
opment Regulation Act; definitions. As used in this act:
(29) "Eing Urban service area" means built -up areas where public
facilities and services, including, but not limited to, central water and sewer
capacity and Sue -A „ treatment systems, roads, sehaels, and ,
are already in place or are committed in the first 3 years of the
capital improvement schedule. In addition, for counties that qualify as dense
definition.
(34) "Dense urban land area" means:
(a) A municipality that has an average of at least 1,000 people per square
mile of land area and a minimum total population of at least 5.000;
(b) A county, including the municipalities located therein, which has an
average of at least 1,000 people per square mile of land area; or
(c) A county, including the municipalities located therein, which has a
population of at least 1 million.
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Ch. 2009 -96 LAWS OF FLORIDA Ch. 2009 -96
population density using the new iurisdictional boundaries as recorded in
accordance with s. 171.091. The Office of Economic and Demographic Re -.
search shall submit to the state land planning agency a list of Jurisdictions
site.
Section 3. Paragraph (b) of subsection (3), paragraph (h) of subsection (6),
and paragraphs (a), 0), and (k) of subsection (12) of section 163.3177, Florida
Statutes, are amended, and paragraph (f) is added to subsection (3) of that
section, to read:
163.3177 Required and optional elements of comprehensive plan; studies
and surveys. —
(3)
(b)1. The capital improvements element must be reviewed on an annual
basis and modified as necessary in accordance with s. 163.3187 or s.
163.3189 in order to maintain a financially feasible 5 -year schedule of capi-
tal improvements. Corrections and modifications concerning costs; revenue
sources; or acceptance of facilities pursuant to dedications which are consist-
ent with the plan may be accomplished by ordinance and shall not be
deemed to be amendments to the local comprehensive plan. A copy of the
ordinance shall be transmitted to the state land planning agency. An
amendment to the comprehensive plan is required to update the schedule
on an annual basis or to eliminate, defer, or delay the construction for any
facility listed in the 5 -year schedule. All public facilities must be consistent
with the capital improvements element. The annual update to the capital
rP,,,,eQM_h_ r_- i 2009. Thereafter, a local government may not amend its future
land use map, except for plan amendments to meet new requirements under
this part and emergency amendments pursuant to s. 163.3187(1)(a), after
December 1, 2011 2009, and every year thereafter, unless and until the local
government has adopted the annual update and it has been transmitted to
the state land planning agency.
2. Capital improvements element amendments adopted after the effec-
tive date of this act shall require only a single public hearing. before the
governing board which shall be an adoption hearing as described in s.
163.3184(7). Such amendments are not subject to the requirements of s.
163.3184(3) -(6).
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Ch. 2009 -96 LAWS OF FLORIDA Ch. 2009 -96
deemed to meet the requirement to achieve and maintain level -of- service
standards for transportation.
(6) In addition to the requirements of subsections (1)45) and (12), the
comprehensive plan shall include the following elements:
(h)1. An intergovernmental coordination element showing relationships,
and stating principles and guidelines to be used in the accomplishment of
coordination of the adopted comprehensive plan with the plans of school
boards, regional water supply authorities, and other units of local govern-
ment providing services but not having regulatory authority over the use of
land, with the comprehensive plans of adjacent municipalities, the county,
adjacent counties, or the region, with the state comprehensive plan and with
the applicable regional water supply plan approved pursuant to s. 373.0361,
as the case may require and as such adopted plans or plans in preparation
may exist. This element of the local comprehensive plan shall demonstrate
consideration of the particular effects of the local plan, when adopted, upon
the development of adjacent municipalities, the county, adjacent counties,
or the region, or upon the state comprehensive plan, as the case may require.
a. The intergovernmental coordination element shall provide for proce-
dures to identify and implement joint planning areas, especially for the
purpose of annexation, municipal incorporation, and joint infrastructure
service areas.
b.. The intergovernmental coordination element shall provide for recogni-
tion of campus master plans prepared pursuant to s. 1013.30.
c. The intergovernmental coordination element shall miy provide for a
_, dispute resolution process as established pursuant to s. 186.509
for bringing to closure in a timely manner intergovernmental disputes. A
tion Pr-oGess Car- this purpose.
2. The intergovernmental coordination element shall further state prin-
ciples and guidelines to be used in the accomplishment of coordination of the
adopted comprehensive plan with the plans of school boards and other units
of local government providing facilities and services but not having regula-
tory authority over the use of land. In addition, the intergovernmental
coordination element shall describe joint processes for collaborative plan-
ning and decisionmaking on population projections and public school siting,
the location and extension of public facilities subject to concurrency, and
siting facilities with countywide significance, including locally unwanted
land uses whose nature and identity are established in an agreement.
Within 1 year of adopting their intergovernmental coordination elements,
each county, all the municipalities within that county, the district school
board, and any unit of local government service providers in that county
shall establish by interlocal or other formal agreement executed by all af-
fected entities, the joint processes described in this subparagraph consistent
with their adopted intergovernmental coordination elements.
. 3. To foster coordination between special districts and local general -
purpose governments as local general - purpose governments implement.
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Ch. 2009 -96 LAWS OF FLORIDA . Ch. 2009-96,
local comprehensive plans, each independent special district must submit
a public facilities report to the appropriate local government as required by
s. 189.415.
4.a. Local governments must execute an interlocal agreement with the
district school board, the county, and nonexempt municipalities pursuant to
s. 163.31777. The local government shall amend the intergovernmental co-
ordination element to provide that coordination between the local govern-
ment and school board is pursuant to the agreement and shall state the
obligations of the local government under the agreement.
b. Plan amendments that comply with this subparagraph are exempt
from the , provisions of s. 163.3187(1).
5. The state land planning agency shall establish a schedule for phased
completion and transmittal of plan amendments to implement subpara-
graphs 1., 2., and 3. from all jurisdictions so as to accomplish their adoption
by December 31, 1999. A local government may complete and transmit its
plan amendments to carry out these provisions prior to the scheduled date
established by the state land planning agency. The plan amendments are
exempt from the provisions of s. 163.3187(1).
6. By January 1, 2004, any county having a population greater than
100,000, and the municipalities and special districts within that county,
shall submit a report to the Department of Community Affairs which:
a. Identifies all existing or proposed interlocal service delivery agree-
ments regarding the following: education; sanitary sewer; public safety;
solid waste; drainage; potable water; parks and recreation; and transporta-
tion facilities.
b. Identifies any deficits or duplication imthe provision of services within
its jurisdiction, whether capital or operational. Upon request, the Depart-
ment of Community Affairs shall provide technical assistance to the local
governments in identifying deficits or duplication.
7. Within 6 months after submission of the report, the Department , of
Community Affairs shall, through the appropriate regional planning coun-
cil, coordinate a meeting of all local governments within the regional plan-
ning area to discuss the reports and potential strategies to remedy any
identified deficiencies or duplications.
8. Each local government shall update its intergovernmental coordina-
tion element based upon the findings in the report submitted pursuant to
subparagraph 6. The report may be used as supporting data and analysis
for the intergovernmental coordination element.
(12) A public school facilities element adopted to implement a school
concurrency program shall meet the requirements of this subsection. Each
county and each municipality within the county, unless exempt or subject
to a waiver, must adopt a public school facilities - element that is consistent
with those adopted by the other local governments within the county and
enter the interlocal agreement pursuant to s. 163.31777.
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Ch. 2009 -96 LAWS OF FLORIDA Ch. 2009 -96
(a) The state land planning agency may provide a waiver to a county and
to the municipalities within the county if the capacity rate for all schools
within the school district is no greater than 100 percent and the projected
5 -year capital outlay full -time equivalent student growth rate is less than
10 percent. The state land planning agency ay allow for a projected 5 -year
rollment is less than 2,000 students and the capacity rate for all schools
within the school district in the tenth year will not exceed the 100 - percent
limitation. The state land planning agency may allow for a single school to
exceed the 100 - percent limitation if it can be demonstrated that the capacity.
rate for that single school is not greater than 105 percent. In making this
determination; the state land planning agency shall consider the following
criteria:
1. Whether the exceedance is due to temporary circumstances;
2. Whether the projected 5 -year capital outlay full time equivalent stu-
dent growth rate for the school district is approaching the 10- percent thresh-
old;
3. Whether one or more additional schools within the school district are
at or approaching the 100 - percent threshold; and
4. The adequacy of the data and analysis submitted to support the waiver
request.
Failure to adopt thePublie seheel fae;i4 -i-es element, to P4 ;tA , into an
dJW The state land planning agency may issue a notice
to the school board and the local government to show cause why sanctions
should not be enforced for failure to enter into an approved interlocal agree-
ment as required by s. 163.31777 or for failure to implement the provisions
of t relating to public school concurrency. If the state land planning
mission which may impose on the local government any of the sanctions set
forth in s. 163.3184(11)(a) and (b) and may-impose on the district school
board any of the sanctions set forth in s. 1008.32(4). The sy-he o 'board naa�
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Ch. 2009 -96 LAWS OF FLORIDA Ch. 2009 -96
Section 4. Subsections (5) and (10) and paragraphs (b) and (e) of subsec-
tion (13) of section 163.3180, Florida Statutes, are amended to read:
163.3180 Concurrency.
(5)(a) The Legislature finds that under limited circumstances dealing
*.xit , +,..,,_Sp9.tati) fag; ities, countervailing planning and public policy
goals may come into conflict with the requirement that adequate public
transportation facilities and services be available concurrent with the im-
pacts of such development. The Legislature further finds that Aften the
unintended result of the concurrency requirement for transportation facili-
ties is often the discouragement of urban infill development and redevelop-
ment. Such unintended results directly conflict with the goals and policies
of the state comprehensive plan and the intent of this part. The Legislature
s�lases�ie�
(b)1. The following are transportation concurrence exception areas:
a. A municipality that qualifies as a dense urban land area under s.
163.3164;
c. A county, including the municipalities located therein, which has a
population of at least 900,000 and qualifies as a dense urban land area
under s. 163.3164, but does not have an urban service area designated in the -
local comprehensive plan.
2. A municipality that does not qualify as a dense urban land area pursu-
ant to s. 163.3164 may designate in its local comprehensive plan the follow-
ing areas as transportation concurrence exception areas:
a. Urban infill as defined in s. 163.3164;
b. Community redevelopment areas as defined in s. 163.340;
c. Downtown revitalization areas as defined in s. 163.3164;
d. Urban infill and redevelopment under s. 163.2517; or
e. Urban service areas as defined in s. 163.3164 or areas within a desig-
nated urban service boundary under s. 163.3177(14).
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Ch. 2009 -96 LAWS OF FLORIDA Ch. 2009 -96
a. Urban infill as defined in s. 163.3164;
b. Urban infill and redevelopment under s. 163.2517; or
c. Urban service areas as defined in s. 163.3164.
4. A local gaovernment that has a transportation concurrence exception
area designated pursuant to subparagraph 1., subparagraph 2., or subpara-
raph 3. shall, within 2 years after the designated area becomes exempt,
a population of at least 1.5 million, has implemented and uses a transporta-
6. Transportation concurrence exception areas designated under sub-
paragraph 1., subparagraph 2., or subparagraph 3. do not apply in any
county that has exempted more than 40 percent of the area inside the urban
service area from transportation concurrency for the purpose of urban infill.
7. A local government that does not have a transportation concurrency
exception area designated pursuant to subparagraph 1., subparagraph 2.,
or subparagraph 3. may grant an exception fr om the concurrency require-
ment for transportation facilities if the proposed development is otherwise
consistent with the adopted local government comprehensive plan and is a
project that promotes public transportation or is located within an area
designated in the comprehensive plan for:
a.4 Urban infill development;
b.2-: Urban redevelopment;
c.3- Downtown revitalization;
d.4. Urban infill and redevelopment under s. 163.2517; or
e.5- An urban service area specifically designated as a transportation
concurrency exception area which includes lands appropriate for compact,
contiguous urban development, which does not exceed the amount of land
needed to accommodate the projected population growth at densities consist-
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Ch.- 2009 -96 LAWS OF FLORIDA Ch. 2009 -96
ent with the adopted comprehensive plan within the 10 -year planning pe-
riod, and which is served or is planned to be served with public facilities and
services as provided by the capital improvements element.
(c) The Legislature also finds that developments located within .urban
infill, urban redevelopment, e�dstin urban service, or downtown revitaliza-
tion areas or areas designated as urban infill and redevelopment areas
under s. 163.2517, which pose only special part -time demands on the trans-
portation system, are exempt from the concurrency re-
quirement for transportation facilities. A special part -time demand is one
that does not have more than 200 scheduled events during any calendar year
and does not affect the 100 highest traffic volume hours.
.L(4-4 The local government shall both adopt into the comprehensive plan
and implement long -term strategies to support and fund mobility within the
designated exception area, including alternative modes of transportation.
The plan amendment must also demonstrate how strategies will support the
purpose of the exception and how mobility within the designated exception
area will be provided.
2. in addition, The strategies must address urban design; appropriate
land use mixes, including intensity and density; and network connectivity
plans needed to promote urban infill, redevelopment, or downtown revital-
ization. The comprehensive plan amendment designating the concurrency
exception area must be accompanied by data and analysis supporting the
local government's determination of the boundaries of the transportation
concurrence exception ;,,4434ng tht; size of +1i ° area.
Le) Before desi ating 1-44or +° +b,., designation of a concurrency excep-
tion area pursuant to subparagraph (b)6., the state land planning agency
and the Department of Transportation shall be consulted by the local gov-
ernment to assess the impact that the proposed exception area is .expected
to have on the adopted level -of- service standards established for regional
transportation facilities identified pursuant to s. 186.507, including the
Strategic Intermodal System faGilities, as d-e-fin-ed- iii s_ . , and roadway
facilities funded in accordance with s. 339.2819. Further, the local govern-
ment shall provide a plan for the mitigation of, in eeiasultation;'vith the st-Ate
to mitigate any impacts to the Strategic Intermodal System, including, if
appropriate, access managgement, parallel reliever roads, transportation de-
mand management, and other measures the level p-„ °^+ of ° lowi g _ +°,-F
sensuFrzeneT managemeiat — system =pu s, „+ +° Sub- Seetie-n- -(9) and s.
163 31 77(3 71 The °.....,.bons may be ;W .,;1 °b.l° only within , the r G;f G
geegr-aphiG area of the designated in the plan. Pursilant to s'
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Ch. 2009 -96 LAWS OF FLORIDA Ch. 2009 -96
ing these guidelines a-p-d- 0-4-e- *.4th-i-A ;AARiGh an eyweption cGould- 1-40
granted-
tation concurrence exception area except as provided in s. 380.06(29)(e).
rencyxception areas created pursuant to this subsection. At a minimum,
the report shall address the methods that local governments have used to
implement and fund transportation strategies to achieve the purposes of
designated transportation concurrence exception areas, and the effects of
the strategies on mobility, congestion, urban design, the density and inten-
sity of land use mixes, and network connectivity plans used to promote
urban infill, redevelopment, or downtown revitalization.
(10) Except in transportation concurrency exception areas, with regard
to roadway facilities on the Strategic Intermodal System designated in .ac-
cordance with s. , 339.63 , and 339.6 4, the Finzid T^ *r
f ndAd in .,,.,,,,,.a.,nnp .,,; +h P 229.284.9 local governments shall adopt the
level -of- service standard established by the Department of Transportation
by rule: However, if the Office of Tourism. Trade, and Economic Develop-
ment concurs in writing with the local government that the proposed devel-
opment is for a qualified job creation project under s. 288.0656 or s. 403.973,
the affected local Government, after consulting with the Department of
Transportation, may provide for a waiver of transportation concurrence for
the project. For all other roads on the State Highway System, local govern-
ments shall establish an adequate level -of- service standard that need not be
consistent with any level -of- service standard established by the Department
of Transportation. In establishing adequate level -of- service standards for
any arterial roads, or collector roads as appropriate, which traverse multiple
jurisdictions, local governments shall consider compatibility with the road-
way facility's adopted level -of- service standards in adjacent jurisdictions.
Each local government within a county shall use a professionally accepted
methodology for measuring impacts on transportation facilities for the pur-
poses of implementing its concurrency management system. Counties are
encouraged to coordinate with adjacent counties, and local governments
within a county are encouraged to coordinate, for the purpose of using
common methodologies for measuring impacts on transportation facilities
for the purpose of implementing their concurrency management systems.
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Ch. 2009 -96 LAWS OF FLORIDA Ch. 2009 -96
(13) School concurrency shall be established on a districtwide basis and
shall include all public schools in the district and all portions of the district,
whether located in a municipality or an unincorporated area unless.exempt
from the public school facilities element pursuant to s. 163.3177(12). The
application of school concurrency to development shall be based upon the
adopted comprehensive plan, as amended. All local governments within a
county, except as provided in paragraph (f), shall adopt and transmit to the
state land planning agency the necessary plan amendments, along with the
interlocal agreement, for a compliance review pursuant to s. 163.3184(7) and
(8). The minimum requirements for school concurrency are the following:
(b) Level -of- service standards. —The Legislature recognizes that an es-
sential requirement for a concurrency management system is the level of
service at which a public facility is expected to operate.
1. Local governments and school boards imposing school concurrency
shall exercise authority in conjunction with each other to establish jointly
adequate level -of- service standards, as defined in chapter 9J -5, Florida Ad-
ministrative Code, necessary to implement the adopted local government
comprehensive plan, based on data and analysis.
2. Public school level -of- service standards shall be included and adopted
into the capital improvements element of the local comprehensive plan and
shall apply districtwide to all schools of the same type. Types of schools may
include elementary, middle, and high schools as well as special purpose
facilities such as magnet schools.
3. Local governments and school boards shall have the option to utilize
tiered level -of- service standards to allow time to achieve an adequate and
desirable level of service as circumstances warrant.
pursuant to s. 1013.20.
(e) Availability standard.— Consistent with the public welfare, a local
government may not deny an application for site plan, final subdivision
approval, or the functional equivalent for a development or phase of a devel-
opment authorizing residential development for failure to achieve and main-
tain the level -of- service standard for public school capacity in a local school
concurrency management system where adequate school facilities will be in
place or under actual construction within 3 years after the issuance of final
subdivision or site plan approval, or the functional equivalent. School con -
currency is satisfied if the developer executes a legally binding commitment
to provide mitigation proportionate to the demand for public school facilities
to be created by actual development of the property, including, but not
limited to, the options described in subparagraph 1. Options for proportion-
ate -share mitigation of impacts on public school facilities must be estab-
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Ch. 2009 -96 LAWS OF FLORIDA Ch. 2009 -96
lished in the public school facilities element and the interlocal agreement
pursuant to s. 163.31777.
1. Appropriate mitigation options include the contribution of land; the
construction, expansion, or payment for land acquisition or construction of
a public school facility; the construction of a charter school that complies
with the requirements of s. 1002.33(18); or the creation of mitigation bank-
ing based on the construction of a public school facility in exchange for the
right to sell capacity credits. Such options must include execution by the
applicant and the local government of a development agreement that consti-
tutes a legally binding commitment to pay proportionate -share mitigation
for the additional residential units approved by the local government in a
development order and actually developed on the property, taking into ac-
count residential density allowed on the property prior to the plan amend-
ment that increased the overall residential density. The district school board
must be a party to such an agreement. As a condition of its entry into such
a development agreement, the local government may require the landowner
to agree to continuing renewal of the agreement upon its expiration.
2. If the education facilities plan and the public educational facilities
element authorize a contribution of land; the construction, expansion, or
payment for land acquisition; or- the construction or expansion of a public
school facility, or a portion thereof: or the construction of a charter school
that complies with the requirements of s. 1002.33(18), as proportionate -
share mitigation, the local government shall credit such a contribution,
construction, expansion, or payment toward any other impact fee or exaction
imposed by local ordinance for the same need, on a dollar- for - dollar basis at
fair market value.
3. Any proportionate -share mitigation must be directed by the school
board toward a school capacity improvement identified in a financially feasi-
ble 5 -year district work plan that satisfies the demands created by the
development in accordance with a binding developer's agreement.
4. If a development is precluded from commencing because there is inad-
equate classroom capacity to mitigate the impacts of the development, the
development may nevertheless commence if there are accelerated facilities
in an approved capital improvement element scheduled for construction in
year four or later of such plan which, when built, will mitigate the proposed
development, or if such accelerated facilities will be in the next annual
update of the capital facilities element, the developer enters into a binding,
financially guaranteed agreement with the school district to construct an
accelerated facility within the first 3 years of an approved capital improve-
ment plan, and the cost of the school facility is equal to or greater than the
development's proportionate share. When the completed school facility is
conveyed to the school district, the developer shall receive impact fee credits
usable within the zone where the facility is constructed or any attendance
zone contiguous with or adjacent to the zone where the facility is con-
structed.
5. This paragraph does not limit the authority of a local government to
deny a development permit or its functional equivalent pursuant to its home
rule regulatory powers, except as provided in this part.
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Ch. 2009 -96 LAWS OF FLORIDA Ch. 2009 -96
Section 5. Paragraph (d) of subsection (3) of section 163.31801, Florida
Statutes, is amended to read:
163.31801 Impact fees; short title; intent; definitions; ordinances levying
impact fees. —
(3) An impact fee adopted by ordinance of a county or municipality or by
resolution of a special district must, at minimum:
(d) Require that notice be provided no less than 90 days before the effec-
tive date of an ordinance or resolution imposing a new or increased amended
impact fee. A county or municipality is not required to wait 90 days_to
decrease, suspend, or eliminate an impact.fee.
Section 6. Section 163.31802, Florida Statutes, is created to read:
163.31802 Prohibited standards for security devices. —A county, munici-
Section 7. Paragraph (b) of subsection (1) of section 163.3184, Florida
Statutes, is amended, and paragraph (e) is added to subsection (3) of that
section, to read:
163.3184 Process for adoption of comprehensive plan or plan amend-
ment.—
(1) DEFINITIONS. —As used in this section, the term:
(b) "In compliance" means consistent with the requirements of ss.
163.3177, ,
163.3178, 163.3180, 163.3191, and 163.3245, with the state comprehensive
plan, with the appropriate strategic regional policy plan, and with chapter
9J -5, Florida Administrative Code, where such rule is not inconsistent with
this part and with the principles for guiding development in designated
areas of critical state concern and with part III of chapter 369, where appli-
cable.
(3) LOCAL GOVERNMENT TRANSMITTAL OF PROPOSED PLAN OR
AMENDMENT.—
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Ch. 2009 -96 LAWS OF FLORIDA Ch. 2009 -96
Section 8. Paragraphs (b) and (f) of subsection (1) of section 163.3187,
Florida Statutes, are amended, and paragraph (q) is added to that subsec-
tion, to read:
163.3187 Amendment of adopted comprehensive plan. —
(1) Amendments to comprehensive plans adopted pursuant to this part
may be made not more than two times during any calendar year, except:
(b) Any local government comprehensive plan amendments directly re-
lated to a proposed development of regional impact, including changes which
have been determined to be substantial deviations and including Florida
Quality Development's pursuant to s. ;380.061, may be initiated by a local
planning agency and considered by the local governing body at the same
time as the application for development approval using the procedures pro-
vided for local plan amendment in this section and applicable local ordi-
nances, without regard to statutory or 1.,...,1 ord- ,,any-p 6 +>,,, f,,_
(f) Any eempr-ehensive plan that Ghanges the sehed_;i
The capital improvements element annual update required in s.
163.3177(3)(b)l.; and any amendments directly related to the schedule
(g) Any local - 'overnment plan amendment to designate an urban service
Section 9. Subsection (2) of section 163.32465, Florida Statutes, is
amended to read:
163.32465 State review of local comprehensive plans in urban areas.—
(2) ALTERNATIVE STATE REVIEW PROCESS PILOT PROGRAM. —
Pinellas and Broward Counties, and the municipalities within these coun-
ties, and Jacksonville, Miami, Tampa, and Hialeah shall follow an alterna-
tive state review process provided in this section. Municipalities within the
pilot counties may elect, by super majority vote of the governing body, not
to participate in the pilot program. In addition to the pilot. program jurisdic-
hensive plan.
Section 10. Section 171.091, Florida Statutes, is amended to read:
171.091 Recording. —Any change in the municipal boundaries through
annexation or contraction shall revise the charter boundary article and shall
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Ch. 2009 -96 LAWS OF FLORIDA Ch. 2009 -96
be filed as a revision of the charter with the Department of State within 30
days. A copy of such revision must be submitted to the Office of Economic
and Demographic Research along with a statement specifying the popula-
tion census effect and the affected land area.
Section 11. Section 186.509, Florida Statutes, is amended to read:
186.509 Dispute resolution process. —Each regional planning council
shall establish by rule a dispute resolution process to reconcile differences
on planning and growth management issues between local governments,
regional agencies, and private interests. The dispute resolution process
shall, within a reasonable set of timeframes, provide for: voluntary meetings
among the disputing parties; if those meetings fail to resolve the dispute,
initiation of mandatory ._, mediation or a similar process; if that
process fails, initiation of arbitration or administrative or judicial action,
where appropriate. The council shall not utilize the dispute resolution proc-
ess to address disputes involving environmental permits or other regulatory
matters unless requested to do so by the parties. The resolution of any issue
through the dispute resolution process shall not alter any person's right to
a judicial determination of any issue if that person is entitled to such a
determination under statutory or common law.
Section 12. Para_ graph (a) of subsection (7) and subsections (24) and (28)
of section 380.06, Florida Statutes, are amended, and subsection (29) is
added to that section, to read:
380.06. Developments of regional impact. —.
(7) PREAPPLICATION PROCEDURES. —
(a) Before filing an application for development approval, the developer
shall contact the regional planning agency with jurisdiction over the pro-
posed development to arrange a preapplication conference. Upon the request
of the developer or the regional planning agency, other affected state and
regional agencies shall participate in this conference and shall identify the
types of permits issued by the agencies, the level of information required,
and the permit issuance procedures as applied to the proposed development.
The levels of service required in the transportation methodology shall be the
same levels of service used to evaluate concurrence in accordance with s.
163.3180. The regional planning agency shall provide the developer infor-
mation about the development -of- regional- impact process and the use of
preapplication conferences to identify issues, coordinate appropriate state
and local agency requirements, and otherwise promote a proper and efficient .
review of the proposed development. If agreement is reached regarding
assumptions and methodology to be used in the application for development
approval, the reviewing agencies may not subsequently object to those as-
sumptions and methodologies unless subsequent changes to the project or
information obtained during the review make those assumptions and meth-
odologies inappropriate.
(24) STATUTORY EXEMPTIONS.
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Ch. 2009 -96 LAWS OF FLORIDA Ch. 2009 -96
(a) Any proposed hospital is exempt from the provisions of this section.
(b) Any proposed electrical transmission line or electrical power plant is
exempt from the provisions of this section.
(c) Any proposed addition to an existing sports facility complex is exempt
from the provisions of this section if the addition meets the following charac-
teristics:
1. It would not operate concurrently with the scheduled hours of opera-
tion of the existing facility.
2. Its seating capacity would be no more than 75 percent of the capacity
of the existing facility.
3. The sports facility complex property is owned by a public body prior
to July 1, 1983.
This exemption does not apply to any pari- mutuel facility.
(d) Any proposed addition or cumulative additions subsequent to July 1,
1988, to an existing sports facility complex owned by .a state university is
exempt if the increased seating capacity of the complex is no more than 30
percent of the capacity of the existing facility.
(e) Any addition of permanent seats or parking spaces for an existing
sports facility located on property owned by a public body prior to July 1,
1973, is exempt from the provisions of this section if future additions do not
expand existing permanent seating or parking capacity more than 15 per-
cent annually in excess of the prior year's capacity.
(f) Any increase in the seating capacity of an existing sports facility
having a permanent seating capacity of at least 50,000 spectators is exempt
from the provisions of this section, provided that such an increase does not
increase permanent seating capacity by more than 5 percent per year and
not to exceed a total of 10 percent in any 5 -year period, and provided that
the sports facility notifies the appropriate local government within which
the facility is located of the increase at least 6 months prior to the initial use
of the increased seating, in order to permit the appropriate local government
to develop a traffic management plan for the traffic generated by the in-
crease. Any traffic management plan shall be consistent with the local com-
prehensive plan, the regional policy plan, and the state comprehensive plan.
(g) Any expansion in the permanent seating capacity or additional im-
proved parking facilities of an existing sports facility is exempt from the
provisions of this section, if the following conditions exist:
La. The sports facility had a permanent seating capacity on January 1,
1991, of at least 41,000 spectator seats;
b. The sum of such expansions in permanent seating capacity does not
exceed a total of 10 percent in any 5 -year period and does not exceed a
cumulative total of 20 percent for any such expansions; or
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Ch. 2009 -96 LAWS OF FLORIDA Ch. 2009 -96
c. The increase in additional improved parking facilities is a one -time
addition and does not exceed 3,500 parking spaces serving the sports facil-
ity; and
2. The local government having jurisdiction of the sports facility includes
in the development order or development permit approving such expansion
under this paragraph a finding of fact that the proposed expansion is
consistent with the transportation, water, sewer and stormwater drainage
provisions of the approved local comprehensive plan and local land develop-
ment regulations relating to those provisions.
Any owner or developer who intends to rely on this statutory exemption
shall provide to the department a copy of the local government application
for a development permit. Within 45 days of, receipt of the application, the
department shall render to the local government an advisory and nonbind-
ing opinion, in writing, stating whether, in the department's opinion, the
prescribed conditions exist for an exemption under this paragraph. The local
government shall render the development order approving each such expan-
sion to the department. The owner, developer, or department may appeal
the local government development order pursuant to s. 380.07, within 45
days after the order is rendered. The scope of review shall be limited to the
determination of whether the conditions prescribed in this paragraph exist.
If any sports facility expansion undergoes development -of- regional- impact
review, all previous expansions which were exempt under this paragraph
shall be included in the development -of- regional- impact review.
(h) Expansion to port harbors, spoil disposal sites, navigation channels,
turning basins, harbor berths, and other related inwater harbor facilities of
ports listed in s. 403.021(9)(b), port transportation facilities and projects
listed in s. 311.07(3)(b), and intermodal transportation facilities identified
pursuant to s. 311.09(3) are exempt from the provisions of this section when
such expansions, projects, or facilities are consistent with comprehensive
master plans that are in compliance with the provisions of s. 163.3178.
(i) Any proposed facility for the storage of any petroleum product or any
expansion of an existing facility is exempt from the provisions of this section.
0) Any renovation or redevelopment within the same land parcel which
does not change land use or increase density or intensity of use.
(k) Waterport and marina development, including dry storage facilities,
are exempt from the provisions of this section.
(1) Any proposed development within an urban service boundary estab-
lished under s. 163.3177(14), which is not otherwise exemRt pursuant to
subsection (29), is exempt from the provisions of this section if the local
government having jurisdiction over the area where the development is
proposed has adopted the urban service boundary, has entered into a bind-
ing agreement with jurisdictions that would be impacted and with the De-
partment of Transportation regarding the mitigation of impacts on state and
regional transportation facilities, and has adopted a proportionate share
methodology pursuant to s. 163.3180(16).
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Ch. 2009 -96 LAWS OF FLORIDA Ch. 2009 -96
(m) Any proposed development within a rural land stewardship area
created under s. 163.3177(11)(d) is exempt from the provisions of this section
if the local government that has adopted the rural land stewardship area
has entered into a binding agreement with jurisdictions that would be im-
pacted and the Department of Transportation regarding the mitigation of
impacts on state and regional transportation facilities, and has adopted a
proportionate share methodology pursuant to s. 163.3180(16).
(a) Any proposed development or- r-edevel,,p- o„+ will ;;,, area desis
,+ ,7 , ,, h.,,, - ---- -1 and redevelopment .,der s 162 9517 ; exempt
Tr-aiaspo#atian r-egar-dilag the mi%iga%ion of imp-a4s, en state and regional
egy par-saant to s. 162.3180(16).
Lnl(a) The establishment, relocation, or expansion of any military instal-
lation as defined in s. 163.3175, is exempt from this section.
Loj(p-) Any self - storage warehousing that does not allow retail or other
services is exempt from this section.
(pX-q) Any proposed nursing home or assisted living facility is exempt
from this section.
LqJW Any development identified in an airport master plan and adopted
into the comprehensive plan pursuant to s. 163.3177(6)(k) is exempt from
this section.
LrJW Any development identified in a campus master plan and adopted
pursuant to s. 1013.30 is exempt from this section.
Ls JW Any development in a specific area plan which is prepared pursuant
to s. 163.3245 and adopted into the comprehensive plan is.exempt from this
section.
x40 Any development within a county with a research and education
authority created by special act and that is also within a research and
development park that is operated or managed by a research and develop-
ment authority pursuant to part V of chapter 159 is exempt from this
section.
If a use is exempt from review as a development of regional impact under
paragraphs (a)- (s(O, but will be part of a larger project that is subject to
review as a development of regional impact, the impact of the exempt`use
must be included in the review of the larger project, unless such exempt use
involves a development of regional impact that includes a landowner, ten-
ant, or user that has entered into a funding agreement with the Office of
Tourism, Trade, and Economic Development under the Innovation Incentive
Program and the agreement contemplates a state award of at least $50
million.
20.
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Ch. 2009 -96 LAWS -OF FLORIDA Ch. 2009 -96
(28) PARTIAL STATUTORY EXEMPTIONS.
(a) If the binding agreement referenced under paragraph (24)(1) for
urban service boundaries is not entered into within 12 months after estab-
lishment of the urban service boundary, the development -of- regional- impact
review for projects within the urban service boundary must _address trans-
portation impacts only.
(b) If the binding agreement referenced under paragraph (24)(m) for
rural land stewardship areas is not entered into within 12 months after the
designation of a rural land stewardship area, the development-of-regional -
impact review for projects within the rural land stewardship area must
address transportation impacts only.
(c) If the binding agreement vefvenoed uncle,- ,,.,,.a„raph (24)(n) for des-
ignated urban infill and redevelopment areas is not entered into within 12
months after the designation of the area or July 1, 2007, whichever occurs
later, the development -of- regional- impact review for projects within the
urban infill and redevelopment area must address transportation impacts
only.
(d) A local government that does not wish to enter into a binding agree-
ment or that is unable to agree on the terms of the agreement referenced
under paragraph (24)(1) or; paragraph (24)(m), ^r paragraph (24)(„) shall
provide written notification to the state land planning agency of the decision
to not enter into a binding agreement or the failure to enter into a binding
agreement within the 12 -month period referenced in paragraphs (a), (b) and
(c). Following the notification of the state land planning agency, develop -
ment-of- regional- impact review for projects within an urban service bound-
ary under paragraph (24)(1), or a rural land stewardship area under para-
graph (24)(m), , an ,,.h.,,, ;,,gin .,,,a ,- ede,,,,l,,.,., ent -a ra„r r „h
(`'24)x;, must address transportation impacts only.
(e) The vesting provision of s. 163.3167(8) relating to an authorized de-
velopment of regional impact shall not apply to those projects partially
exempt from the development -of- regional- impact review process under
paragraphs (a) -(d).
(29) EXEMPTIONS FOR DENSE URBAN LAND AREAS.—
(a) The followinL- are exempt from this section:
1. Any proposed development in a municipality that qualifies as a dense
urban land area as defined in s. 163.3164:
2. Any proposed development within a county that qualifies as a dense
urban land area as defined in s. 163.3164 and that is located within an urban
service area defined in s. 163.3164 which has been adopted into the compre-
hensive plan; or
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Ch. 2009 -96 LAWS OF FLORIDA Ch. 2009 -96
empt from the development -of- regional- impact process:
1. Urban infill as defined in s. 163.3164;
2. Community redevelopment areas as defined in s. 163.340;
3. Downtown revitalization areas as defined in s. 163.3164;
4. Urban infill and redevelopment under s. 163.2517; or
5. Urban service areas as defined in s. 163.3164 or areas within a desig-
nated urban service boundary under s. 163.3177(14).
1. Urban infill as defined in s. 163.3164
2. Urban infill and redevelopment under s. 163.2517, or
3. Urban service areas as defined in s. 163.3164.
(e). In an area that is exempt under paragraphs (a) -(c), any previously
approved development -of- regional- impact development orders shall con-.
comprehensive plan amendment and that elects not to continue develop-
state land planning agency may appeal the development order pursuant to
s. 380.07 for inconsistency with the comprehensive plan adopted under
chapter 163.
a complete, pending application for authorization to commence development
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Ch. 2009 -96 LAWS OF FLORIDA Ch. 2009 -96
may maintain the exemption if the developer is continuing the application
process in good faith or the development is approved.
(h) This subsection does not limit or modify the rights of any person to
complete any development that has been authorized as a development of
regional impact pursuant to this chapter.
(i) This subsection does not apply to areas:
1. Within the boundary of any area of critical state concern designated
pursuant to s. 380.05:.
2. Within the boundary of the Wekiva Study Area as described in s.
369.316: or
3. Within 2 miles of the boundary of the Everglades Protection Area as
described in s. 373.4592(2).
Section 13. (1)(a) The Legislature finds that the existing transportation
concurrence system has not adequately addressed the transportation needs
of this state in an effective, predictable, and equitable manner and is not
producing a sustainable transportation system for the state. The Legislature
finds that the current system is complex, inequitable, lacks uniformity
amongjurisdictions, is too focused on roadways to the detriment of desired
land use patterns and transportation alternatives, and frequently prevents
the attainment of important growth management goals.
mobility needs, ensure that development provides mitigation for its impacts
on the transportation system in approximate proportionality to those im-
pacts, fairly distribute the fee among the governmental entities responsible
for maintaining the impacted roadways, and promote compact, mixed -use,
and energy- efficient development.
government adopted and implemented transportation concurrence manage-
ment systems. The final joint report shall also contain, but is not limited to,
an economic analysis of implementation of the mobility fee, activities neces-
sary to implement the fee, and potential costs and benefits at the state and
local levels and to the private sector.
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Ch. 2009 -96 LAWS OF FLORIDA Ch. 2009 -96
mitigation takes
nally_nermitted.
on the authorization.
(4) The extension provided for in subsection (1) does not apply to:
(a) A permit or other authorization under any nroarammatic or regional
general permit issued by the Army Corps of Engineers.
(c) A permit or other authorization, if granted an extension, that would
delay or prevent compliance with a court order.
sanitary condition in compliance with applicable laws and ordinances.
Section 15. Subsection (4) of section 159.807, Florida Statutes, is
amended to read:
159.807 State allocation pool.—
(4)(a) The state allocation pool shall also be used to provide written
confirmations for private activity bonds that are to be issued by state agen-
cies, which. bonds, notwithstanding any other provisions of this part, shall
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Ch. 2009 -96 LAWS OF FLORIDA Ch. 2009 -96
receive priority in the use of the pool available at the time the notice of intent
to issue such bonds is filed with the division.
P�
Section 16. Section 193.018, Florida Statutes, is created to read:
193.018 Land owned by a community land trust used to provide afford-
able housing: assessment: structural improvements, condominium parcels,
and cooperative parcels.—
(1) As used in this section, the term "community land trust" means a
nonprofit entity that is qualified as charitable under s. 501(c)(3) of the
(3) In arriving at just valuation under s. 193.011, a structural improve-
ment, condominium parcel, or cooperative parcel providing affordable hous-
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Ch. 2009 -96 LAWS OF FLORIDA Ch. 2009 -96
(a) The amount a willing purchaser would pav a willing seller for the land
is limited to an amount commensurate with the terms of the ground lease
that restricts the use of the land to the provision of affordable housing in
perpetuity.
ments restrict the price at which the improvements, condominium parcels;
or cooperative parcels may be sold, is recorded in the official public records
of the county in which the leased land is located, the recorded lease and any
amendments and supplements, or the recorded memorandum, shall be
deemed a land use regulation during the term of the lease as amended or
supplemented.
Section 17. Subsection (5) is added to section 196.196, Florida Statutes,
to read:
196.196 Determining whether property is entitled to charitable, reli-
gious, scientific, or literary exemption.—
ment of the property to providing affordable housing.
(b)1. If property owned by an organization granted an exemption under
this subsection is transferred for a purpose other than directly providing
affordable homeownership or rental housing to persons or families who meet
the extremely- low- income, very -low- income, low - income, or moderate:
income limits, as specified in s. 420.0004, or is not in actual use to provide
such affordable housing within 5 years after the date the organization is
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Ch. 2009 -96 LAWS OF FLORIDA Ch. 2009 -96
housing plus 15 percent interest per annum and a penalty of 50 percent of
the taxes owed.
and interest.
Section 18. Section 196.1978, Florida Statutes., is amended to read:
196.1978 Affordable housing property exemption. — Property used to pro-
vide affordable housing serving eligible persons as defined by s. 159.603(7)
and natural_ persons or families meetinv the extremely -low- income, verv-
low - income, low- income, or moderate - income limits
specified in s.,420.0004 s. 42Q QQ04( ) (19), (11), an (5) which property
is owned entirely by a nonprofit entity that is a corporation not for profit,
for profit which is qualified as charitable under s. 501(c)(3) of the Internal
Revenue Code and which complies with Rev. Proc. 96 -32, 1996 -1 C.B. 717,
shall be considered property owned by an exempt entity and used for a
charitable purpose, and those portions of the affordable housing property
which provide housing to natural persons or families classified as extremely
low income, very low income, low income, or moderate income under s.
420.0004 individiaals with ineemes as d4ned in 420 nnnnrim .,4 (5)
shall be exempt from ad valorem taxation to the extent authorized in s.
196.196. All property identified in this section shall comply with the criteria
for determination of exempt status to be applied by property appraisers on
an annual basis as defined in s. 196.195. The Legislature intends that any
property owned by a limited liability company or limited partnership which
is disregarded as an entity for federal income 'tax purposes pursuant to
Treasury Regulation 301.7701- 3(b)(1)(ii) shall be treated as owned by its
sole member or sole general partner.
Section 19. Paragraph (d) of subsection (2) of section 212.055, Florida
Statutes, is amended to read:
212.055 Discretionary sales surtaxes; legislative intent; authorization
and use of proceeds. —It is the legislative intent that any authorization for
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Ch. 2009 -96 LAWS OF FLORIDA Ch. 2009 -96
imposition of a discretionary sales surtax shall be published in the Florida
Statutes as a subsection of this section, irrespective of the duration of the
levy. Each enactment shall specify the types of counties authorized to levy;
the rate or rates which may be imposed; the maximum length of time the
surtax may be imposed, if any; the procedure which must be followed to
secure voter approval, if required; the purpose for which the proceeds may
be expended; and such other requirements as the Legislature may provide.
Taxable transactions and administrative procedures shall be as provided in
s. 212.054.
(2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.—
(d)4- The proceeds of the surtax authorized by this subsection and any
accrued interest shall be expended by the school district, or
within the county and municipalities within the county, or, in the case of a
negotiated joint county agreement, within another county, to finance, plan,
and construct infrastructures aa4 to acquire land for public recreation, or-
conservation, or protection of natural resources; or apA to finance the closure
of county - owned or municipally owned solid waste landfills that have been
are air-eady closed or are required to be closed dose by order of the Depart-
ment of Environmental Protection. Any use of the &uGh proceeds or interest
for purposes of landfill closure before prier- to July 1, 1993, is ratified. Nei -
ther The proceeds and Rer any interest may not be
used for the operational expenses of arm infrastructure, except that a apy
county that has witk a population of fewer less than 75,000 and that is
required to close a landfill + ^„^„+.,,^„+ ^r E.,.,,. ^,,n4,gnt.,i
Pr- otestiea may use the proceeds or any interest for long-
term maintenance costs associated with landfill closure. Counties, as de-
fined in s. 125.011 s. 14;, and charter counties may, in addition, use
the proceeds or and interest ^^^rued +h ^r ^ +^ to retire or service indebt-
edness incurred for bonds issued before prier -to July 1, 1987, for infrastruc-
ture purposes, and for bonds subsequently issued to refund such bonds. Any
use of the sueh proceeds or interest for purposes of retiring or servicing
indebtedness incurred for suc-h refunding bonds before prier- to July 1, 1999,
is ratified.
1.2- For the purposes of this paragraph, the term "infrastructure" means:
a. Any fixed capital expenditure or fixed capital outlay associated with
the construction, reconstruction, or improvement of public facilities that
have a life expectancy of 5 or more years and any related land acquisition,
land improvement, design, and engineering costs nalatea +h^„^ +^
b. A fire department vehicle, an emergency medical service vehicle, a
sheriffs office vehicle, a police department vehicle, or any other vehicle, and
the sueh equipment necessary to outfit the vehicle for its official use or
equipment that has a life expectancy of at least 5 years.
c. Any expenditure for the construction, lease, or maintenance of, or
provision of utilities or security for, facilities, as defined in s. 29.008.
d. Any fixed capital expenditure or fixed capital outlay associated with
the improvement of private facilities that have a life expectancy of 5 or more
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Ch. 2009 -96 LAWS OF FLORIDA Ch. 2009 -96
years and that the owner agrees to make available for use on a temporary
basis as needed by a local government as a public emergency shelter or a
staging area for emergency response equipment during an emergency offi-
cially declared by the state or by the local government under s. 252.38. Such
improvements are limited to those necessary
to comply with current standards for public emergency evacuation shelters.
The owner must sl;;;ll enter into a written contract with the local govern-
ment providing the improvement funding to make the &uGh private facility
available to the public for purposes of emergency shelter at no cost to the
local government for a minimum period- of 10 years after completion of;the
improvement, with the provision that the suc-h obligation will transfer to any
subsequent owner until the end of the minimum period.
subparagraph.
2.3•: Notwithstanding any other provision of this subsection, a local gov-
ernment infrastructure ai e -etion r• sales surtax imposed or extended after
July 1. 1998. *''^ ^�'^ ^ *�� ^ a^+^ t4ftl;i° ^ ^* may allocate up to
amoilpt not to oxoiqAd 15 percent of the surtax proceeds to
for deposit in to a trust fund within the county's accounts
created for the purpose of funding economic development projects havin of
a general public purpose of improving targeted to improve local economies,
including the funding of operational costs and incentives related to &Ueh
economic development. The ballot statement must indicate the intention to
make an allocation under the authority of this subparagraph.
Section 20. Subsection (2) of section 163.3202, Florida Statutes, is
amended to read:
163.3202 Land development regulations. —
(2) Local land development regulations shall contain specific and de-
tailed provisions necessary or desirable to implement the adopted compre-
hensive plan and shall as a minimum:
(a) Regulate the subdivision of land.
(b) Regulate the use of land and water for those land use categories
included in the land use element and ensure the compatibility of adjacent
uses and provide for open space,;
(c) Provide for protection of potable water wellfields,;
(d) Regulate areas subject to seasonal and periodic flooding and provide
for drainage and stormwater management_;
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Ch. 2009 -96 LAWS OF FLORIDA Ch. 2009 -96
(e) Ensure the protection of environmentally sensitive lands designated
in the comprehensive plan.
(f) Regulate signage_;
(g) Provide that public facilities and services meet or exceed the stand-
ards established in the capital improvements element required by s.
163.3177 and are available when needed for the development, or that devel-
opment orders and permits are conditioned on the availability of these pub-
lic facilities and services necessary to serve the proposed development. Not
later than 1 year after its due date established by the state land planning
agency's rule for submission of local comprehensive plans pursuant to s.
163.3167(2), a local government shall not issue a development order or
permit which results in a reduction in the level of services for the affected
public facilities below the level of services provided in the comprehensive
plan of the local government.
(h) Ensure safe and convenient onsite traffic flow, considering needed
vehicle parking.
Section 21. Present subsections (25) through (41) of section 420.503,
Florida Statutes, are redesignated as subsections (26) through (42), respec-
tively, and a new subsection (25) is added to that section to read:
420.503 Definitions. —As used in this part, the term:
(25) "Moderate rehabilitation" means repair or restoration of a dwelling
unit when the value of such repair or restoration is 40 percent or less of the
value of the dwelling unit but not less than $10,000.
Section 22. Subsection (47) is added to section 420.507, Florida Statutes,
to read:
420.507 Powers of the corporation. —The corporation shall have all the
powers necessary or convenient to carry out and effectuate the purposes and
provisions of this part, including the following powers which are in addition,
to all other powers granted by other provisions of this part:
(47) To provide by rule in connection with any corporation cornpetitive'-
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Ch. 2009 -96 LAWS OF FLORIDA Ch. 2009 -96
ity of the developer's or General contractor's principals and financial benefi-
ciaries reside in Florida.
either provided by or administered by the corporation.
Section 23. Paragraphs (c) and (1) of subsection (6) of section 420.5087,
Florida Statutes, are amended to read:
420.5087 State Apartment Incentive Loan Program. —There is hereby
created the State Apartment Incentive Loan Program for the purpose of
providing first, second, or other subordinated mortgage loans or loan guar-
antees to sponsors, including for - profit, nonprofit, and public entities, to
provide housing affordable to very -low- income persons.
(6) On all state apartment incentive loans, except loans made to housing
communities for the elderly to provide for lifesafety, building preservation,
health, sanitation, or security- related repairs or improvements, the follow-
ing provisions shall apply:
(c) The corporation shall provide by rule for the establishment of a review
committee composed of the department and corporation staff and shall es-
tablish by rule a scoring system for evaluation and competitive ranking of
applications submitted in this program, including, but not limited to, the
following criteria:
1. Tenant income and demographic targeting objectives of the corpora-
tion.
2. Targeting objectives of the corporation which will ensure an equitable;
distribution of loans between rural and urban areas.
3. Sponsor's agreement to reserve the units for persons or families who
have incomes below 50 percent of the state or local median income, which-
ever is higher, for a time period to exceed the minimum required by federal
law or the provisions of this part.
4. Sponsor's agreement to reserve more than:
a. Twenty percent of the units in the project for persons or families who
have incomes that do not exceed 50 percent of the state or local median
income, whichever is higher; or
b. Forty percent of the units in the project for persons or families who
have incomes that do not exceed 60 percent of the state or local median
income, whichever is higher, without requiring a greater amount of the
loans as provided in this section.
5. Provision for tenant counseling.
6. Sponsor's agreement to accept rental assistance certificates or vouch-
ers as payment for rent.
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Ch. 2009 -96 LAWS OF FLORIDA Ch. 2009 -96
7. Projects requiring the least amount of a state apartment incentive
loan compared to overall project cost except that the share of the loan
attributable to units serving extremely - low - income persons shall be ex-
cluded from this requirement.
8. Local government contributions and local government comprehensive
planning and activities that promote affordable housing.
9. Project feasibility.
10. Economic viability of the project.
11. Commitment of first mortgage financing.
12. Sponsor's prior experience, including; whether the developer and gen-
eral contractor have substantial experience, as provided in s. 420.507(47).
13. Sponsor's ability to proceed with construction.
14. Projects that directly implement or assist welfare -to -work transition -
ing.
15. Projects that reserve units for extremely -low- income persons.
16. Projects that include eTeen building principles, storm - resistant con-
struction, or other elements that reduce long -term costs relating to mainte-
nance, utilities, or insurance.
17. Domicile of the developer and general contractor, as provided in s.
420.507(47).
(1) The proceeds of all loans shall be used for new construction: moderate
rehabilitation, or substantial rehabilitation which creates or preserves af-
fordable, safe, and sanitary housing units.
Section 24. Subsection (5) of section 420.622, Florida Statutes, is
amended to read:
420.622 State Office on Homelessness; Council on Homelessness. —
(5) The State Office on Homelessness, with the concurrence of the Coun-
cil on Homelessness, may administer moneys appropriated to it to provide
homeless housing assistance grants annually to lead agencies for local
homeless assistance continuum of care, as recognized by the State Office on
Homelessness, to acquire, construct, or rehabilitate transitional or .perma-
nent housing units for homeless persons. These moneys shall consist of any
sums that the state may appropriate, as well as money received from dona-
tions, gifts, bequests, or otherwise from any public or private source, which
are money is intended to acquire, construct, or rehabilitate transitional or
permanent housing units for homeless persons.
(a) Grant applicants shall be ranked competitively. Preference must be
given to applicants who leverage additional private funds and public funds,
particularly federal funds designated for the acquisition, construction, or
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Ch. 2009 -96 LAWS OF FLORIDA Ch. 2009 -96
a-Rd rehabilitation of transitional or permanent housing for homeless per-
sons who who acquire, build, or rehabilitate the greatest number of units-
who acquire, build, or rehabilitate in catchment areas having the greatest
need for housing for the homeless relative to the population of the catchment
area.
(b) Funding for any particular project may not exceed $750,000.
(c) Projects must reserve, for a minimum of 10 years, the number of units
acquired, constructed, or rehabilitated through homeless housing assistance.
grant funding to serve persons who are homeless at the time they assume
tenancy.
(d) No more than two grants may be awarded annually in any given local
homeless assistance continuum of care catchment area.
(e) A project may not be funded which is not included in the local home-
less assistance continuum of care plan, as recognized by the State Office on
Homelessness, for the catchment area in which the project is located.
(f) The maximum percentage of funds that the State Office on Homeless-
ness and each applicant may spend on administrative costs is 5 percent.
Section 25. Section 420.628, Florida Statutes, is created to read:
420.628 Affordable housing for children and young adults leavin . foster
oster
caret legislative findings and intent.—
(1)(a) The Legislature finds that there are many young adults who,
through no fault of their own, live in foster families, group homes, and
training, and opportunities provided to such young adults may not be effec-
tive. Making affordable housing available will decrease the chance of home-
lessness and may increase the ability of such young adults to live indepen-
dently.
(d) The Legislature intends that the Florida Housing Finance Corpora-
33.
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Ch. 2009 -96 LAWS OF FLORIDA Ch. 2009 -96
of Children and Family Services, their agents, and community -based care
providers who provide services under s. 409.1671 to develop and implement
strategies and procedures designed to make affordable housing available
whenever and wherever possible to young adults who leave the child welfare
system.
(2) Young adults who leave the child welfare system meet the definition
of eligible persons under ss. 420.503(7) and 420.907(10) for affordable hous-
Section 26. Subsections (4), (8), (16), and (25) of section 420.9071, Florida
Statutes, are amended, and subsections (29) and (30) are added to that
section, to read:.
420,9071 Definitions. As used in ss. 420.907- 420.9079, the term:
(4) "Annual gross income" means annual income as defined under the
Section 8 housing assistance payments programs in 24 C.F.R. part 5; annual
income as reported under the census long form for the recent available
decennial census; or adjusted gross income as defined for purposes of report-
ing under Internal Revenue Service Form 1040 for individual federal annual
income tax purposes or as defined by standard practices used in the lending
industry as detailed in the local housing assistance plan and approved by
the corporation. Counties and eligible municipalities shall calculate income
by annualizing verified sources of income for the household as the amount
of income to be received in a household during the 12 months following the
effective date of the determination.
(8) "Eligible housing" means any real and personal property located
within the county or the eligible municipality which is designed and in-
tended for the primary purpose of providing decent, safe, and sanitary resi-
dential units that are designed to meet the standards of the Florida Building
Code or previous building codes adopted under chapter 553, or manufac-
tured housing constructed after June 1994 and installed in accordance with
the installation standards for mobile or manufactured homes contained in
rules of the Department of Hi hway Safety and Motor Vehicles, for home
ownership or rental for eligible persons as designated by each county or
eligible municipality participating in the State Housing Initiatives Partner-
ship Program.
(16) "Local housing incentive strategies" means local regulatory reform
or incentive programs to encourage or facilitate affordable housing produc-
tion, which include at a minimum, assurance that permits as defined in s.
163.3164(7) and (8) for affordable housing projects are expedited to a greater
degree than other projects; an ongoing process for review of local policies,
ordinances, regulations, and plan provisions that increase the cost of hous-
ing prior to their adoption; and a schedule for implementing the incentive
strategies. Local housing incentive strategies may also include other regula-
tory reforms, such as those enumerated in s. 420.9076 or those recom-
mended by the affordable housing advisory committee in its triennial evalu-
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Ch. 2009 -96 LAWS OF FLORIDA Ch. 2009 -96
ation of the implementation of affordable housing incentives, and adopted'
by the local governing body.
(25) "Recaptured funds" means funds that are recouped by a county or
eligible municipality in accordance with the recapture provisions of its local
housing assistance plan pursuant to s. 420.9075(5)LW(g) from eligible per-
sons or eligible sponsors, which funds were not used for assistance to an
eligible household for an eligible activity, when there is a W419 default on the
terms of a grant award or loan award.
(29) "Assisted housing" or "assisted housing development" means a
Section 27. Subsections (6) and (7) of section 420.9072, Florida Statutes,
are amended to read:
420.9072 State Housing Initiatives Partnership Program. —The State
Housing Initiatives Partnership Program is created for the purpose of pro-
viding funds to counties and eligible municipalities as an incentive for the
creation of local housing partnerships, to expand production of and preserve
affordable housing, to further the housing element of the local government
comprehensive plan specific to affordable housing, and to increase housing -
related employment.
(6) The moneys that otherwise would be distributed pursuant to s.
420.9073 to a local government that does not meet the program's require-
ments for receipts of such distributions shall remain in the Local Govern-
ment Housing Trust Fund to be administered by the corporation pursuant
(7) A county or an eligible municipality must expend its portion of the
local housing distribution only to implement a local housing assistance plan
or as provided in this subsection.
(a) A county or an eligible municipality may not expend its portion of the
local housing distribution to provide rent subsidies; however, this does not
prohibit the use of funds for security and utility deposit assistance.
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Ch. 2009 -96 LAWS OF FLORIDA Ch. 2009 -96
paid for at least 3 months before the date of eviction, including the month
that the notice of eviction was served. Relocation assistance under this
paragraph is limited to a one -time grant of not more than $5,000 and is not
limited to persons who are subiect to eviction from projects funded under "the
State Housing Initiatives Partnership Program. This paragraph expires
July 1, 2010.
Section 28. Subsections (1) and (2) of section 420.9073, Florida Statutes,
are amended, and subsections (5), (6), and (7) are added to that section, to
read:
420.9073 Local housing distributions.
(1) Distributions calculated in this section shall be disbursed on a quar-
terly or more frequent month! y basis by the corporation begin ii4g the first
gat, of the menth after- pizqgram ^1 pursuant to s. 420.9072, subject
to availability of funds. Each county's share of the funds to be distributed
from the portion of the funds in the Local Government Housing Trust Fund
received pursuant to s. 201.15(9) shall be calculated by the corporation for
each fiscal year as follows:
(a) Each county other than a county that has implemented the provisions
of chapter 83 -220, Laws of Florida, as amended by chapters 84 -270, 86 -152,
and 89 -252, Laws of Florida, shall receive the guaranteed amount for each
fiscal year.
(b) Each county other than a county that has implemented the provisions
of chapter 83 -220, Laws of Florida, as amended by chapters 84 -270, 86 -152,
and 89 -252, Laws of Florida, may receive an additional share calculated as
follows:
1. Multiply each county's percentage of the total state population exclud-
ing the population of any county that has implemented the provisions of
chapter 83 -220, Laws of Florida, as amended by chapters 84 -270, 86 -152,
and 89 -252, Laws of Florida, by the total funds to be distributed.
2. If the result in subparagraph 1. is less than the guaranteed amount
as determined in subsection (3), that county's additional share shall be zero.
3. For each county in which the result in subparagraph 1. is greater than
the guaranteed amount as determined in subsection (3), the amount calcu-
lated in subparagraph 1. shall be reduced by the guaranteed amount. The
result for each such county shall be expressed as a percentage of the
amounts so determined for all counties. Each such county shall receive an
additional share equal to such percentage multiplied by the total funds
received by the Local Government Housing Trust Fund pursuant to s.
201.15(9) reduced by the guaranteed amount paid to all counties.
(2) RfzeeirivP hily 1, 1995, Distributions calculated in this section shall
be disbursed on a quarterly or more frequent menthly basis by the corpora-
tion beginning the first day of th-e -P „ti, - After- program approval pursuant
to s. 420.9072, subject to availability of funds. Each county's share of the
funds to be distributed from the portion of the funds in the Local Govern-
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Ch. 2009 -96 LAWS OF FLORIDA Ch. 2009 -96
ment- Housing Trust Fund received pursuant to s. 201.15(10) shall be calcu-
lated by the corporation for each fiscal year as follows:
(a) Each county shall receive the guaranteed amount for each fiscal year.
(b) Each county may receive an additional share calculated as follows:
1. Multiply each county's percentage of the total state population, by the
total funds to be distributed.
2. If the result in subparagraph 1. is less than the guaranteed amount
as determined in subsection (3), that county's additional share shall be zero.
3. For each county in which the result in subparagraph 1. is greater than
the guaranteed amount, the amount calculated in subparagraph 1. shall be
reduced by the guaranteed amount. The result for each such county shall be
expressed as a percentage of the amounts so determined for all counties.
Each such county shall receive an additional share equal to this percentage
multiplied by the total funds received by the Local Government Housing
Trust Fund pursuant to s. 201.15(10) as reduced by the guaranteed amount
paid to all counties.
subsections (1) and (2).
provided in subsections (1) and (2).
Section 29. Subsections (1), (3), (5), and (8), paragraphs (a) and (h) of
subsection (10), and paragraph (b) of subsection (13) of section 420.9075,
Florida Statutes, are amended, and subsection (14) is added to that section,
to read:
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Ch. 2009 -96 LAWS OF FLORIDA Ch. 2009 -96
420.9075 Local housing assistance plans; partnerships.—
(1)(a) Each county or eligible municipality participating in the State
Housing Initiatives Partnership Program shall develop and implement a.
local housing assistance plan created to make affordable residential. units
available to persons of very low income, low income, or moderate income and
to persons who have special housing needs, including, but not limited to,
homeless people, the elderly, a-n4 migrant farmworkers, and persons with
disabilities. Counties or eligible municipalities may include strategies to
percent of area median income. The plans are intended to increase the
availability of affordable residential units by combining local resources and
cost - saving measures into a local housing partnership and using private and
public funds to reduce the cost of housing.
(b) Local housing assistance plans may allocate funds to:
1. Implement local housing assistance strategies for the provision of af-
fordable housing.
2. Supplement funds available to the corporation to provide enhanced
funding.of state housing programs within the county or the eligible munici-
pality.
3. Provide the local match_ ing share of federal affordable housing grants
or programs.
4. Fund emergency repairs, including, but not limited to, repairs per-
formed by existing service providers under weatherization assistance pro-
grams under ss. 409.509- 409.5093.
5. Further the housing element of the local government comprehensive
plan adopted pursuant to s.. 163.3184, specific to affordable housing.
(3)(a) Each local housing assistance plan shall include a definition of
essential service personnel for the county or eligible municipality, including,
but not limited to, teachers and educators, other school district, community
college, and university employees, police and fire personnel, health care
personnel, skilled building trades personnel, and other job categories.
(b) Each county and each eligible municipality is encouraged to develop
a strategy within its local housing assistance plan that emphasizes the
recruitment and retention of essential service personnel. The local govern-
ment is encouraged to involve public and private sector employers. Compli-
ance with the eligibility criteria established under this strategy shall be
verified by the county or eligible municipality.
(c) Each county and each eligible municipality is encouraged to develop
a strategy within its local housing assistance plan that addresses the needs
of persons who are deprived of affordable housing due to the closure of a
mobile home park or the conversion of affordable rental units to condomini-
ums.
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Ch. 2009 -96 LAWS OF FLORIDA Ch. 2009 -96
(d) Each county and each eligible municipality shall describe initiatives
in the local housing assistance plan to encourage or require innovative
desi rgn, green building principles, storm - resistant construction, or other ele-
ments that reduce long -term costs relating to maintenance, utilities, or
insurance.
(5) The following criteria apply to awards made to eligible sponsors or
eligible persons for the purpose of providing eligible housing:
(a) At least 65 percent of the funds made available in each county and
eligible municipality from the local housing distribution must be reserved
for home ownership for eligible persons.
(b) At least 75 percent of the funds made available in each county and
eligible municipality from the local housing distribution must be reserved
for construction, rehabilitation, or emergency repair of affordable, eligible
housing.
(c) Not more than 20 percent of the funds made available in each county
and eligible municipality from the local housing distribution may be used for
manufactured housing.
Ld�(,O The sales price or value of new or existing eligible housing may not
exceed 90 percent of the average area purchase price in the statistical area
in which the eligible housing is located. Such average area purchase price
may be that calculated for any 12 -month period beginning not earlier than
the fourth calendar year prior to the year in which the award occurs or as
otherwise established by the United States Department of the Treasury.
LeJW41. All units constructed, rehabilitated, or otherwise assisted with
the funds provided from the local housing assistance trust fund must be
occupied by very -low- income persons, low - income persons, and moderate -
income persons except as otherwise provided in this section.
2. At least 30 percent of the funds deposited into the local housing assist-
ance trust fund must be reserved for awards to very- low - income persons or
eligible sponsors who will serve very -low- income persons and at least an
additional 30 percent of the funds deposited into the local housing assistance
trust fund must be reserved for awards to low - income persons or eligible
sponsors who will serve low- income persons. This subparagraph does not
apply to a county or an eligible municipality that includes, or has included
within the previous 5 years, an area of critical state concern designated or
ratified by the Legislature for which the Legislature has declared its intent
to provide affordable housing. The exemption created by this act expires on
July 1, 2013, and shall apply retroactively 2008.
Mf (Q Loans shall be provided for periods not exceeding 30 years, except
for deferred payment loans or loans that extend beyond 30 years which
continue to serve eligible persons.
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Ch. 2009 -96 LAWS OF FLORIDA Ch. 2009 -96
�g } Loans or grants for eligible rental housing constructed, rehabili-
tated, or otherwise assisted from the local housing assistance trust fund
must be subject to recapture requirements as provided by the county or
eligible municipality in its local housing assistance plan unless reserved for
eligible persons for 15 years or the term of the assistance, whichever period
is longer. Eligible sponsors that offer rental housing for sale before 15 years
or that have remaining mortgages funded under this program must give a
first right of refusal to eligible nonprofit organizations for purchase at the
current market value for continued occupancy by eligible persons.
L(g) Loans or grants for eligible owner- occupied housing constructed,
rehabilitated, or otherwise assisted from proceeds provided from the local
housing assistance trust fund shall be subject to recapture requirements as
provided by the county or eligible municipality in its local housing assistance
plan.
Li (h) The total amount of monthly mortgage payments or the amount of
monthly rent charged by the eligible sponsor or her or his designee must be
made affordable.
(i,) The maximum sales price or value per unit and the maximum
award per unit for eligible housing benefiting from awards made pursuant
to this section must be established in the local housing assistance plan.
Lk�4) The benefit of assistance provided through the State Housing Ini-
tiatives Partnership Program must accrue to eligible persons occupying
eligible housing. This provision shall not be construed to prohibit use of the
local housing distribution funds for a mixed income rental development.
UJW Funds from the local housing distribution not used to meet the
criteria established in paragraph (a) or paragraph (b) or not used for the
administration of a local housing assistance plan must be used for housing
production and finance activities, including, but not limited to, financing
preconstruction activities or the purchase of existing units, providing rental
housing, and providing home ownership training to prospective home buyers
and owners of homes assisted through the local housing assistance plan.
1. Notwithstanding the provisions of paragraphs (a) and (b), program
income as defined in s. 420.9071(24) may also be used to fund activities
described in this paragraph.
deemed a program expense rather than an administrative expense if such
program expenses do not exceed 3 percent of the annual local housing distri-
bution.
3. If both an award under the local housing assistance plan and federal
low- income housing tax credits are used to assist a project and there is a
conflict between the criteria prescribed in this subsection and the require-
ments of s. 42 of the Internal Revenue Code of 1986, as amended, the county
or eligible municipality may resolve the conflict by giving precedence to the
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Ch. 2009 -96 LAWS OF FLORIDA . Ch. 2009 -96
requirements of s. 42 of the Internal Revenue Code of 1986, as amended, in
lieu of following the criteria prescribed in this subsection with the exception
of paragraphs (a) and (e) W-) of this subsection.
4. Each county and each eligible municipality may award funds as a
Qrant for construction, rehabilitation, or repair as part of disaster recovery
ance plan.
(8) Pursuant to s. 420.531, the corporation shall provide training and
technical assistance to local governments regarding the creation of partner-
ships, the design of local housing assistance strategies, the implementation
of local housing incentive strategies, and the provision of support services.
(10) Each county or eligible municipality shall submit to the corporation
by September 15 of each year a report of its affordable housing programs and
accomplishments through June 30 immediately preceding submittal of the
report. The report shall be certified as accurate and complete by the local
government's chief elected official or his or her designee. Transmittal of the
annual report by a county's or eligible municipality's chief elected official,
or his or her designee, certifies that the local housing incentive strategies,
or, if applicable, the local housing incentive plan, have been implemented
or are in the process of being implemented pursuant to the adopted schedule
for implementation. The report must include, but is not limited to:
(a) The number of households served by income category, age, family
size, and race, and data regarding any special needs populations such as
farmworkers, homeless persons, persons with disabilities, and the elderly.
Counties shall report this information separately for households served in
the unincorporated area and each municipality within the county.
(h) Such other data or affordable housing accomplishments considered
significant by the reporting county or eligible municipality or by the corpora-
tion.
(13)
(b) If, as a result of its review of the annual report, the corporation
determines that a county or eligible municipality has failed to implement a
local housing incentive strategy, or, if applicable, a local housing incentive
plan, it shall send a notice of termination of the local government's share of
the local housing distribution by certified mail to the affected county or
eligible municipality.
1. The notice must specify a date of termination of the funding if the
affected county or eligible municipality does not implement the plan or
strategy and provide for a local response. A county or eligible municipality
shall respond to the corporation within 30 days after receipt of the notice of
termination.
2. The corporation shall consider the local response that extenuating
circumstances precluded implementation and grant an extension to the
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Ch. 2009 -96 LAWS OF FLORIDA Ch. 2009 -96
timeframe for implementation. Such an extension shall be made in the form
of an extension agreement that provides a timeframe for implementation.
The chief elected official of a county or eligible municipality or his or her
designee shall have the authority to enter into the agreement on behalf of
the local government.
3. If the county or the eligible municipality has not implemented the
incentive strategy or entered into an extension agreement by the termina-
tion date specified in the notice, the local housing distribution share termi-
nates, and any uncommitted local housing distribution funds held by the
affected county or eligible municipality in its local housing assistance trust
fund shall be transferred to'the Local Government Housing Trust Fund to
the credit of the corporation to administer 420 9078
4.a. If the affected local government fails to meet the timeframes speci-
fied in the agreement, the corporation shall terminate funds. The corpora-
tion shall send a notice of termination of the local government's share of the
local housing distribution by certified mail to the affected local government.
The notice shall specify the termination date, and any uncommitted funds
held by the affected local government shall be transferred to the Local
Government Housing Trust Fund to the credit of the corporation to adminis-
ter .
b. If the corporation terminates funds to a county, but an eligible munici-
pality receiving a local housing distribution pursuant to an interlocal agree-
ment maintains compliance with program requirements, the corporation
shall thereafter distribute directly to the participating eligible municipality
its share calculated in the manner provided in s. 420.9072.
c. Any county or eligible municipality whose local distribution share has
been terminated may subsequently elect to receive directly its local distribu-
tion share by adopting the ordinance, resolution, and local housing assist-
ance plan in the manner and according to the procedures provided in ss.
420.907- 420.9079.
tives Partnership Program.
Section 30. Paragraph (h) of subsection (2), subsections (5) and (6), and
paragraph (a) of subsection (7) of section 420.9076, Florida Statutes, are
amended to read:
420.9076 Adoption of affordable housing incentive strategies; commit-
tees.=
(2) The governing board of a county or municipality shall appoint the
members of the affordable housing advisory committee by resolution. Pursu-
ant to the. terms of any interlocal agreement, a county and municipality may
create and jointly appoint an advisory committee to prepare a joint plan. The
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Ch. 2009 -96 LAWS OF FLORIDA Ch. 2009 -96
ordinance adopted pursuant to s. 420.9072 which creates the advisory com-
mittee or the resolution appointing the advisory committee members must
provide for 11 committee members and their terms. The committee must
include:
(h) One citizen who actively serves on the local planning agency pursu-
ant to s. 163.3174. If the local planning agency is comprised of the governing
board of the county or municipality, the governing board may appoint a
designee who is knowledgeable in the local planning process.
If a county or eligible municipality whether due to its small size, the pres-
ence of a conflict of interest by prospective appointees, or other reasonable
factor, is unable to appoint a citizen actively engaged in these activities in
connection with affordable housing, a citizen engaged in the activity without
regard to affordable housing may be appointed. Local governments that
receive the minimum allocation under the State Housing Initiatives Part-
nership Program may elect to appoint an affordable housing advisory com-
mittee with fewer than 11 representatives if they are unable to find repre-
sentatives who meet the criteria of paragraphs (a) -(k).
(5) The approval by the advisory committee of its local housing incentive
strategies recommendations and its review of local government implementa-
tion of previously recommended strategies must be made by affirmative vote
of a majority of the membership of the advisory committee taken at a public
hearing. Notice of the time, . date, and place of the public hearing of the
advisory committee to adopt its evaluation and final local housing incentive
strategies recommendations must be published in a newspaper of general
paid circulation in the county. The notice must contain a short and concise
summary of the evaluation and local housing incentives strategies recom-
mendations to be considered by the advisory committee. The notice must
state the public place where a copy of the evaluation and tentative advisory
committee recommendations can be obtained by interested persons. The
final report, evaluation, and recommendations shall be submitted to the
corporation.
(6) Within 90 days after the date of receipt of the evaluation and local
housing incentive strategies recommendations from the advisory committee,
the governing body of the appointing local government shall adopt an
amendment to its local housing assistance plan to incorporate the local
housing incentive strategies it will implement within its jurisdiction. The
amendment must include, at a minimum, the local housing incentive strate-
gies required under s. 420.9071(16). The local government must consider the
strategies specified in paragraphs (4)(a) -(k) as recommended by the advisory
committee.
(7) The governing board of the county or the eligible municipality shall
notify. the corporation by certified mail of its adoption of an amendment of
its local housing assistance plan to incorporate local housing incentive strat-
egies. The notice must include a copy of the approved amended plan.
(a) If the corporation fails to receive timely the approved amended local
housing assistance plan to incorporate local housing incentive strategies, a
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Ch. 2009 -96 LAWS OF FLORIDA I I Ch. 2009 -96
notice of termination of its share of the local housing distribution shall be
sent by certified mail by the corporation to the affected county or eligible
municipality. The notice of termination must specify a date of termination
of the funding if the affected county or eligible municipality has not adopted
an amended local housing assistance plan to incorporate local housing in-
centive strategies. If the county or the eligible municipality has not adopted
an amended local housing assistance plan to incorporate local housing in-
centive strategies by the termination date specified in the notice of termina-
tion, the local distribution share terminates; and any uncommitted local
distribution funds held by the affected county or eligible municipality in its
local housing assistance trust fund shall be transferred to the Local Govern-
ment Housing Trust Fund to the credit of the corporation to administer the
local government housing program pursuant to s 490 9078
Section 31.. Section 420.9078, Florida Statutes, is repealed.
Section 32. Section 420.9079, Florida Statutes, is amended to read:
420.9079 Local Government Housing Trust Fund. —
(1) There is created in the State Treasury the Local Government Housing
Trust Fund, which shall be administered by the corporation on behalf of the
department according to the provisions of ss. 420.907 - 420.9076 420 907-
420 9075 and this section. There shall be deposited into the fund a portion
of the documentary stamp tax revenues as provided in s. 201.15, moneys
received from any other source for the purposes of ss. 420.907- 420.9076
4-20.90 7 420 9078 and this section, and all,proceeds derived from the invest-
ment of such moneys. Moneys in the fund that are not currently needed for
the purposes of the programs administered pursuant to ss. 420.907-
420.9076 and this section shall be deposited to the credit
of the fund and may be invested as provided by law. The interest received
on any such investment shall be credited to the fund.
(2) The corporation shall administer the fund exclusively for the purpose
of implementing the programs described in ss. 420.907- 420.9076 420 907_
d `'moo and this section. With the exception of monitoring the activities of
counties and eligible municipalities to determine local compliance with pro-
gram requirements, the corporation shall not receive appropriations from
the fund for administrative or personnel costs. For the purpose of imple-
menting the compliance monitoring provisions of s. 420.9075(9), the corpora-
tion may request a maximum of one - quarter of 1 percent of the annual
appropriation per state fiscal year. When such funding is appropriated, the
corporation shall deduct the amount appropriated prior to calculating the
local housing distribution pursuant to ss. 420.9072 and 420.9073.
Section 33... Subsection (12) of section 1001.43, Florida Statutes, is
amended to read:
1001.43 Supplemental powers and duties of district school board. —The
district school board may exercise the following supplemental powers and
duties as authorized by this code or State Board of Education rule.
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J
Ch. 2009 -96 LAWS OF FLORIDA Ch. 2009 -96
(12) AFFORDABLE HOUSING. —A district school board may use por-
tions of school sites purchased within the guidelines of the State Require-
ments for Educational Facilities, land deemed not usable for educational
purposes because of location or other factors, or land declared as surplus by
the board to provide sites for affordable housing for teachers and other
district personnel and, in areas of critical state concern, for other essential
services personnel as defined by local affordable housing eligibility reguire-
ments, independently or in conjunction with other agencies as described in
subsection (5).
Section 34. The Legislature finds that this act fulfills an important state
interest.
Section 35. This act shall take effect upon becoming a law.
Approved by the Governor June 1, 2009.
Filed in Office Secretary of State June 1, 2009.
45
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DRI Development of Regional Impact
Effective September 28, 2009
Pursuant to Florida Administrative Code, the following are the threshholds for
Developments of Regional Impact in these listed categories. There are more categories,
such as airports, port facilities, mining operations and others that would likely not be
candidates for location within the City of South Miami.
28- 24.023 Residential Developments.
(1) Subject to Section 380.06(2)(d), Florida Statutes, the following developments
shall be developments of regional impact:
Any proposed residential development that is planned to create or accommodate more
than the following number of dwelling units:
(a) In counties with a population of less than 25,000 — 250 dwelling units.
(b) In counties with a population between 25,000 and 50,000 — 500 dwelling units.
(c) In counties with a population between 50,001 and 100,000 — 750 dwelling units.
(d) In counties with a population between 100,001 and 250,000 — 1,000 dwelling
units.
(e) In counties with a population between 250,001 and 500,000 — 2,000 dwelling
units.
(f) In counties with a population in excess of 500,000 — 3,000 dwelling units.
However, any residential development twenty -five percent of which is located within two
(2) miles or less of a county line shall be treated as if it were located in the less populous
county.
(2) As used in this rule the term "residential development" shall include but not be
limited to:
(a) The subdivision of any land attributable to common ownership into lots, parcels,
units or interests, or
(b) Land or dwelling units which are part of a common plan of rental, advertising, or
sale, or
(c) The construction of residential structures, or
(d) The establishment of mobile home parks.
(3) As used in this rule the term "dwelling unit" shall mean a single room or unified
combination of rooms, regardless of form of ownership, that is designed for residential
use by a single family. This definition shall include, but not be limited to, condominium
units, individual apartments and individual houses.
(4) For the purpose of this rule the population of the county shall be the most recent
estimate for that county, at the time of the application for a development permit. The
most recent estimate shall be that determined by the Executive Office of the Governor
pursuant to Section 23.019; Florida Statutes.
Specific Authority 380.06(2) FS Law Implemented 380:06, 380.0651 FS. History —New
12- 31 -85, Formerly, 27F- 2.023.
28- 24.007 Office Parks.
The following development shall be presumed to be a development of regional impact
and subject to the requirements of Chapter 380, Florida Statutes:
Any proposed office park operated under one common property. ownership or
management, that:
(1) Occupies more than thirty (30) acres of land; or _
(2) Encompasses more than three hundred thousand (300,000) square feet of gross
floor area.
Specific Authority 380.06(2) FS. Law Implemented 380.06, 380.10 FS. History —New 7 -1-
73, Formerly 22F -2.07, 27F -2.07, 27F - 2.007.
28- 24.032 Multi -Use Development.
Subject to Section 380.06(2)(d), Florida Statutes, the following development shall be a
development of regional impact:
(1) Any proposed development with two or more land uses where the sum of the
percentages of the appropriate thresholds identified in Rules 28- 24.015 through .28-
24.017, 28- 24.019 through 28- 24.021, 28- 24.023 through 28- 24.024, 28- 24.026 through
28- 24.027 and 28- 24.029 through 28- 24.031, F.A.C., for each land use in the
development is equal to or greater than 145 percent; or
(2) Any proposed development with three or more land uses, one of which is
residential and contains 100 dwelling units or 15 percent of the applicable residential
threshold, whichever is greater, where the sum of the percentages of the appropriate-
thresholds identified in Rules 28- 24.015 through 28- 24.017, 28- 24.019 through 28-
24.021, 28- 24.023 through 28- 24.024, 28- 24.026 through 28- 24.027 and 28- 24.029
through 28- 24.031, F.A.C., for each land use in the development is equal -to or greater
than.160 percent. The thresholds listed in subsections (1) and (2) of this paragraph are in
addition to, and do not preclude, a development from being required to undergo
development of regional impact review under any other threshold.
Specific Authority 380.06(2)(c), 380.0651(3) FS (Supp. 1988). Law Implemented 380.06
FS. History —New 7- 25 -89.
28- 24.031 Retail and Service Development.
Subject- to Section 380.06(2)(d), Florida Statutes, any proposed retail, service or
wholesale business establishment or group of establishments which deals primarily with
the general public on -site, operated under one common property ownership, development
plan, or management that:
(1) Encompasses more than 400,000 square feet of gross area;
(2) Occupies more than 40 acres of land; or
(3) Provides parking spaces for more than 2,500 cars.
Specific Authority 380.0651(3)(0 FS. Law Implemented 380.06 FS. History —New 7 -25-
89.
K
28- 24.029 Industrial Plants, Industrial Parks and Distribution, Warehousing or
Wholesaling Facilities.
Subject to Section 380.06(2)(d), Florida Statutes, any proposed industrial, manufacturing,
or. processing plant, - or distribution, warehousing, or wholesaling- facility, excluding
wholesaling developments which deal primarily with the general public on -site, under
common ownership, or any .proposed industrial, manufacturing, or processing activity or
distribution, warehousing, or wholesaling activity, excluding wholesaling activities which
,deal primarily with the general public on -site, which:
(1) Provides parking for more than 2,500 motor vehicles; or
(2) Occupies a site greater than 320 acres.
Specific Authority 380.0651.(3)(c) FS. Law Implemented 380.06 FS. History —New 7 -25-
89.
28- 24.026 Hotel or Motel Development.
Subject to Section 380.06(2)(d), Florida Statutes, the following developments shall be a
development of regional impact:
(1) Any proposed. hotel or motel development that is planned to create or
accommodate 350 or more units; or
(2) Any proposed hotel or motel development that is planned to create or
accommodate 750 or more units, in counties with a population greater than 500,000, and
only in geographic areas specifically designated as highly suitable for increased threshold
intensity in the approved local comprehensive plan and the comprehensive regional
policy plan.
Specific A uthority 380.0651(3) (g) FS. Law Implemented 380.06 FS. History —New 12 -31-
85, Formerly 27F- 2.026
Planning genesis/DRI Development of Regional Impact/DRI thresholds 9 -28 -2009
3