June 17, 2019
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Senate Bill 2188

Senate Bill sb2188

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 2188

    By the Committee on Comprehensive Planning





    316-1472A-04

  1                      A bill to be entitled

  2         An act relating to land development; amending

  3         s. 197.502, F.S.; providing for the issuance of

  4         an escheatment tax deed that is free and clear

  5         of any tax certificates, accrued taxes, and

  6         liens of any nature for certain properties;

  7         providing immunity for a county from

  8         environmental liability for certain properties

  9         that escheat to the county; providing for a

10         written agreement between a county and the

11         Department of Environmental Protection which

12         addresses any investigative and remedial acts

13         necessary for certain properties; amending s.

14         163.3177, F.S.; providing legislative findings

15         regarding mixed-use, high-density urban infill

16         and redevelopment projects; requiring the

17         Department of Community Affairs to provide

18         technical assistance to local governments,

19         including a model ordinance; providing

20         legislative findings regarding a program for

21         the transfer of development rights and urban

22         infill and redevelopment; requiring the

23         Department of Community Affairs to provide

24         technical assistance to local governments,

25         including a model ordinance; providing

26         legislative findings with respect to the

27         shortage of affordable rentals in the state;

28         providing a statement of important public

29         purpose; providing definitions; authorizing

30         local governments to permit accessory dwelling

31         units in areas zoned for single-family

                                  1

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    Florida Senate - 2004                                  SB 2188
    316-1472A-04




 1         residential use based upon certain findings;

 2         providing for certain accessory dwelling units

 3         to apply towards satisfying the affordable

 4         housing component of the housing element in a

 5         local government's comprehensive plan;

 6         requiring the Department of Community Affairs

 7         to report to the Legislature; providing an

 8         effective date.

 9  

10  Be It Enacted by the Legislature of the State of Florida:

11  

12         Section 1.  Subsection (8) of section 197.502, Florida

13  Statutes, is amended to read:

14         197.502  Application for obtaining tax deed by holder

15  of tax sale certificate; fees.--

16         (8)  Taxes shall not be extended against parcels listed

17  as lands available for taxes, but in each year the taxes that

18  would have been due shall be treated as omitted years and

19  added to the required minimum bid. Three years after from the

20  day the land was offered for public sale, the land shall

21  escheat to the county in which it is located, free and clear.

22  All tax certificates, accrued taxes, and liens of any nature

23  against the property shall be deemed canceled as a matter of

24  law and of no further legal force and effect, and the clerk

25  shall execute an escheatment a tax deed vesting title in the

26  board of county commissioners of the county in which the land

27  it is located.

28         (a)  When a property escheats to the county under this

29  subsection, the county is not subject to any liability imposed

30  by chapter 376 or chapter 403 for preexisting soil or

31  groundwater contamination due solely to its ownership.

                                  2

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    Florida Senate - 2004                                  SB 2188
    316-1472A-04




 1  However, this subsection does not affect the rights or

 2  liabilities of any past or future owners of the escheated

 3  property and does not affect the liability of any governmental

 4  entity for the results of its actions that create or

 5  exacerbate a pollution source.

 6         (b)  The county and the Department of Environmental

 7  Protection may enter into a written agreement for the

 8  performance, funding, and reimbursement of the investigative

 9  and remedial acts necessary for a property that escheats to

10  the county.

11         Section 2.  Present paragraphs (d), (e), and (f) of

12  subsection (11) of section 163.3177, Florida Statutes, are

13  redesignated as paragraphs (f), (g), and (h), respectively,

14  and new paragraphs (d) and (e) are added to that subsection,

15  to read:

16         163.3177  Required and optional elements of

17  comprehensive plan; studies and surveys.--

18         (11)

19         (d)  The Legislature finds that mixed-use, high-density

20  development is appropriate for urban infill and redevelopment

21  areas. Mixed-use projects accommodate a variety of uses,

22  including residential and commercial, and usually at higher

23  densities that promote pedestrian-friendly, sustainable

24  communities. The Legislature recognizes that mixed-use,

25  high-density development improves the quality of life for

26  residents and businesses in urban areas. The Legislature finds

27  that mixed-use, high-density redevelopment and infill benefits

28  residents by creating a livable community with alternative

29  modes of transportation. Furthermore, the Legislature finds

30  that local zoning ordinances often discourage mixed-use,

31  high-density development in areas that are appropriate for

                                  3

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    Florida Senate - 2004                                  SB 2188
    316-1472A-04




 1  urban infill and redevelopment. The Legislature intends to

 2  discourage single-use zoning in urban areas which often leads

 3  to lower-density, land-intensive development outside an urban

 4  service area. Therefore, the Department of Community Affairs

 5  shall provide technical assistance to local governments,

 6  including a model ordinance, to encourage mixed-use,

 7  high-density urban infill and redevelopment projects.

 8         (e)  The Legislature finds that a program for the

 9  transfer of development rights is a useful tool to preserve

10  historic buildings and create public open spaces in urban

11  areas. A program for the transfer of development rights allows

12  the transfer of density credits from historic properties and

13  public open spaces to areas designated for high-density

14  development. The Legislature recognizes that high-density

15  development is integral to the success of many urban infill

16  and redevelopment projects. The Legislature intends to

17  encourage high-density urban infill and redevelopment while

18  preserving historic structures and open spaces. Therefore, the

19  Department of Community Affairs shall provide technical

20  assistance to local governments, including a model ordinance,

21  in order to promote the transfer of development rights within

22  urban areas for high-density infill and redevelopment

23  projects.

24         Section 3.  Accessory dwelling units.--

25         (1)  The Legislature finds that the median price of

26  homes in this state has increased steadily over the last

27  decade and at a greater rate of increase than the median

28  income in many urban areas. The Legislature finds that the

29  cost of rental housing has also increased steadily and the

30  cost often exceeds an amount that is affordable to

31  very-low-income, low-income, or moderate-income persons and

                                  4

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    Florida Senate - 2004                                  SB 2188
    316-1472A-04




 1  has resulted in a critical shortage of affordable rentals in

 2  many urban areas in the state. This shortage of affordable

 3  rentals constitutes a threat to the health, safety, and

 4  welfare of the residents of the state. Therefore, the

 5  Legislature finds that it serves an important public purpose

 6  to encourage the permitting of accessory dwelling units in

 7  single-family residential areas in order to increase the

 8  availability of affordable rentals for very-low-income,

 9  low-income, or moderate-income persons.

10         (2)  As used in this section, the term:

11         (a)  "Accessory dwelling unit" means an ancillary or

12  secondary living unit, that has a separate kitchen, bathroom,

13  and sleeping area, existing either within the same structure,

14  or on the same lot, as the primary dwelling unit.

15         (b)  "Affordable rental" means that monthly rent and

16  utilities do not exceed 30 percent of that amount which

17  represents the percentage of the median adjusted gross annual

18  income for very-low-income, low-income, or moderate-income

19  persons.

20         (c)  "Local government" means a county or municipality.

21         (d)  "Low-income persons" has the same meaning as in

22  section 420.0004(9), Florida Statutes.

23         (e)  "Moderate-income persons" has the same meaning as

24  in section 420.0004(10), Florida Statutes.

25         (f)  "Very-low-income persons" has the same meaning as

26  in section 420.0004(14), Florida Statutes.

27         (3)  Upon a finding by a local government that there is

28  a shortage of affordable rentals within its jurisdiction, the

29  local government may adopt an ordinance to allow accessory

30  dwelling units in any area zoned for single-family residential

31  use.

                                  5

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    Florida Senate - 2004                                  SB 2188
    316-1472A-04




 1         (4)  If the local government adopts an ordinance under

 2  this section, an application for a building permit to

 3  construct an accessory dwelling unit must include an affidavit

 4  from the applicant which attests that the unit will be rented

 5  at an affordable rate to a very-low-income, low-income, or

 6  moderate-income person or persons.

 7         (5)  Each accessory dwelling unit allowed by an

 8  ordinance adopted under this section shall apply towards

 9  satisfying the affordable housing component of the housing

10  element in the local government's comprehensive plan under

11  section 163.3177(6)(f), Florida Statutes.

12         (6)  The Department of Community Affairs shall evaluate

13  the effectiveness of using accessory dwelling units to address

14  a local government's shortage of affordable housing and report

15  to the Legislature by January 1, 2007. The report must specify

16  the number of ordinances adopted by a local government under

17  this section and the number of accessory dwelling units that

18  were created under these ordinances.

19         Section 4.  This act shall take effect July 1, 2004.

20  

21            *****************************************

22                          SENATE SUMMARY

23    Requires that a county be issued an escheatment tax deed
      that is free and clear of tax certificates, accrued
24    taxes, and liens under certain circumstances. Absolves
      the county of liability for certain preexisting soil or
25    water contamination of land that escheats to the county.
      Authorizes agreements with the Department of
26    Environmental Protection regarding such property.
      Requires the Department of Community Affairs to provide
27    technical assistance to local governments in encouraging
      mixed-use, high-density urban infill and redevelopment,
28    including a model ordinance. Authorizes local governments
      to permit accessory dwelling units in certain areas zoned
29    for single-family residential use. Provides for the
      accessory dwelling units to apply towards satisfying the
30    affordable housing component of the housing element in a
      local government's comprehensive plan. Requires the
31    Department of Community Affairs to report to the
      Legislature. (See bill for details.)
                                  6

CODING: Words stricken are deletions; words underlined are additions.

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