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       Florida Senate - 2010                                    SB 2078
       By Senator Bennett
       21-01722B-10                                          20102078__
    1                        A bill to be entitled                      
    2         An act relating to platted lots; creating s. 163.08,
    3         F.S.; providing legislative findings and intent;
    4         establishing a pilot program for the purpose of
    5         redeveloping antiquated subdivisions; providing
    6         definitions; requiring that the Department of
    7         Community Affairs administer the pilot program;
    8         providing eligibility requirements for participation
    9         in the pilot program; providing for the determination
   10         of density credits or units and for the transfer or
   11         sale of density credits or units; requiring the owner
   12         of a lot that receives density credits to execute a
   13         restrictive covenant; clarifying that platted lots
   14         where the pilot program is implemented remain subject
   15         to other land use and development regulations;
   16         providing that the pilot program does not affect the
   17         existing future land use map or zoning designation of
   18         any property; requiring that the Office of Program
   19         Policy Analysis and Government Accountability submit a
   20         report to the Legislature by a specified date;
   21         providing for future expiration; providing an
   22         effective date.
   24  Be It Enacted by the Legislature of the State of Florida:
   26         Section 1. Section 163.08, Florida Statutes, is created to
   27  read:
   28         163.08Platted lots pilot program.—
   29         (1) LEGISLATIVE FINDINGS AND INTENT.—The Legislature
   30  recognizes that some areas of Florida are beset by a large
   31  number of antiquated subdivisions with platted lots which have
   32  failed to develop. The Legislature finds that it is appropriate
   33  to establish a pilot program to determine the feasibility of
   34  redeveloping these areas and allow the full use of existing
   35  urban infrastructure such as roads and sanitary sewer systems.
   36  The Legislature further finds that the pilot program benefits
   37  the local and state economies by providing job opportunities and
   38  revitalizing urban areas.
   39         (2) DEFINITIONS.-As used in this section, the term:
   40         (a) “Antiquated subdivision” means:
   41         1. A subdivision that was recorded before February 1, 1992,
   42  or approved before February 1, 1992;
   43         2. Less than 30 percent of the total subdivision area has
   44  been built in accordance with the subdivision’s zones or land
   45  use purposes; and
   46         3. The continued buildout of the subdivision would cause an
   47  imbalance of land uses and would be detrimental to the local and
   48  regional economies and environment, hinder current planning
   49  practices, and lead to inefficient and fiscally irresponsible
   50  development patterns as determined by the respective
   51  jurisdiction in which the subdivision is located.
   52         (b) “Base density” means the number of residential density
   53  units permitted by a lot’s or parcel’s existing zoning district
   54  per gross acre of land, which is determined by dividing the
   55  number of units by the total area of land within the boundaries
   56  of a lot or parcel. If there is an inconsistency between the
   57  future land use map designation and the zoning district, the
   58  density of the least intensive zoning district that implements
   59  the future land use map designation shall be used.
   60         (c) “Certificate of transferable density credits” or
   61  “certificate” means the certificate issued by the pilot
   62  community which indicates the amount of density available to be
   63  used or sold by the certificateholder, as well as any
   64  specifications for use of the density.
   65         (d) “Certification of transferable density units” or
   66  “certification” means the process whereby density is severed
   67  from real property and a certificate is issued by the pilot
   68  community signifying that the certificateholder has ownership of
   69  the indicated number of density units.
   70         (e) “Covenant” means a perpetual conservation easement or
   71  other perpetual restrictive covenant that encumbers the property
   72  constituting a sending zone, granted by the owner thereof to the
   73  pilot community or to some other entity acceptable to the pilot
   74  community.
   75         (f) “Density” means the number of density units permissible
   76  within a given property.
   77         (g) “Density credit” means a density unit that has been
   78  severed from a property through the processes identified in this
   79  section and recognized by a certificate of transferable density
   80  credits.
   81         (h) “Density unit” means a development right equaling one
   82  increment of housing designed and intended for residential use
   83  by one family, such as a single-family residence or mobile home,
   84  or as part of a duplex, apartment, or condominium project.
   85         (i) “Receiving zone” means an area designated in the pilot
   86  community’s comprehensive plan where density credits may be
   87  transferred. The receiving zone must be in an urban service area
   88  as designated in the pilot community’s comprehensive plan.
   89         (j) “Residential zoning” means any zoning category in the
   90  pilot community’s regulations which allows for the development
   91  of single-family or multifamily dwelling units.
   92         (k) “Sending zone” means an area designated in the pilot
   93  community’s comprehensive plan from which density credits may be
   94  transferred.
   96         (a) The Department of Community Affairs shall administer a
   97  pilot program for the redevelopment of antiquated subdivisions.
   98  The department shall grant at least one application from a local
   99  government on or before October 1, 2010, if the application
  100  meets the requirements in this subsection.
  101         (b) In order to be eligible to participate in this pilot
  102  program, a local government:
  103         1. Must be a county having a population of 150,000 or more
  104  or a municipality having a population of 50,000 or more;
  105         2. Must have more than 75,000 platted lots located within
  106  antiquated subdivisions;
  107         3. Must designate antiquated subdivisions as being within
  108  sending zones in the pilot community’s comprehensive plan;
  109         4. Must have an existing transferable density units program
  110  that allows for the transfer of buildable density units from
  111  sending zones to receiving zones;
  112         5. Must hold at least one public hearing soliciting public
  113  input concerning the local government’s proposal to participate;
  114  and
  115         6. Must designate receiving zones for density severed under
  116  this pilot program in the pilot community’s comprehensive plan.
  117         (4) DETERMINATION OF DENSITY.—
  118         (a) In order to encourage communities to eliminate
  119  unproductive platted lots, the pilot community shall provide
  120  density credits to landowners within sending zones designated in
  121  the pilot community’s comprehensive plan who relinquish their
  122  development rights. These density credits may be transferred to
  123  receiving zones designated in the pilot community’s
  124  comprehensive plan which are more suitable for development.
  125         (b) The pilot program shall provide plat owners with up to
  126  three density credits for every density unit severed from a
  127  parcel within an antiquated subdivision. If a landowner
  128  relinquishes development rights to eight or more contiguous
  129  platted lots in an antiquated subdivision, or four or more lots
  130  in areas having high environmental or ecological quality, the
  131  program shall provide plat owners up to four density credits per
  132  lot.
  133         (c) The density for a sending zone:
  134         1. Within an urban service area shall be the base density.
  135         2. Outside an urban service area for platted lots that
  136  existed on or before February 1, 1992, and that are divided into
  137  individual lots of size less than that allowed by existing
  138  zoning shall be one density unit per each lot or parcel.
  139  Otherwise, the density shall be the base density.
  140         3. Shall be certified and transferred only in whole units.
  141  A fractional unit does not entitle the petitioner to an
  142  additional density unit.
  143         (d) A certification of transferable density units may not
  144  be derived from density that has already been sold, transferred,
  145  or limited by easements, deed restrictions, equitable
  146  servitudes, restrictive covenants, special exceptions, existing
  147  development, land development regulations, or similar measures.
  148         (e) In order to receive the three or four density credits,
  149  an owner of a platted lot must execute a covenant that restricts
  150  the use of the property to agricultural, conservation, or
  151  environmental uses. Once a platted lot owner executes the
  152  covenant, the owner shall be granted a certificate of
  153  transferable density credits which allows the owner to transfer
  154  density credits to lots within the pilot community’s receiving
  155  zone which have a zoning designation that permits residential
  156  uses by right. Alternatively, these density credits may be sold
  157  to a party desiring to build on a lot in the pilot community’s
  158  receiving zone having a residential zoning designation that
  159  permits residential uses by right. Density credits shall be
  160  added to the existing base density of the residential lot in the
  161  receiving zone.
  162         (f) Any comprehensive plan amendment associated with a
  163  receiving zone parcel that receives density credits from an
  164  antiquated subdivision is not required to demonstrate that the
  165  land in the receiving zone parcel is necessary in order to
  166  accommodate anticipated growth or that the additional density is
  167  necessitated by the projected population of the pilot community
  168  pursuant to s. 163.3177(6)(a). Platted lots within the pilot
  169  community’s sending and receiving zones shall remain subject to
  170  all other land use and development regulations, including, but
  171  not limited to, setback, side lot line, and lot coverage
  172  requirements.
  173         (g) This section does not affect the existing future land
  174  use map or zoning designation of any property. Therefore, a
  175  petitioner may not increase density beyond that allowed by the
  176  pilot community’s laws and ordinances or the pilot community’s
  177  comprehensive plan.
  178         (5) REPORT.—On or before February 1, 2018, the Office of
  179  Program Policy Analysis and Government Accountability shall
  180  submit a report to the Legislature which contains an analysis of
  181  the impact the pilot program has had on the number of
  182  unproductive platted lots, the use of the severed density
  183  credits, and the local and state economies.
  184         (6) EXPIRATION.—This section expires December 31, 2020.
  185         Section 2. This act shall take effect July 1, 2010.

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