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Senate Bill 2188

Senate Bill sb2188c2

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    Florida Senate - 2004                    CS for CS for SB 2188

    By the Committees on Finance and Taxation; and Comprehensive
    Planning




    314-2676-04

  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; providing

14         legislative findings with respect to the

15         shortage of affordable rentals in the state;

16         providing a statement of important public

17         purpose; providing definitions; authorizing

18         local governments to permit accessory dwelling

19         units in areas zoned for single-family

20         residential use based upon certain findings;

21         providing for certain accessory dwelling units

22         to apply towards satisfying the affordable

23         housing component of the housing element in a

24         local government's comprehensive plan;

25         requiring the Department of Community Affairs

26         to report to the Legislature; amending s.

27         163.3167, F.S.; requiring a local government to

28         address certain water supply sources in its

29         comprehensive plan; amending s. 163.3177, F.S.;

30         providing that rural land stewardship area

31         designation should be specifically encouraged

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 1         as an overlay on the future land use map;

 2         extending the deadline for certain information

 3         to be included in a comprehensive plan;

 4         requiring a work plan to be updated at certain

 5         intervals; requiring the Department of

 6         Community Affairs, in cooperation with other

 7         specified state agencies, to provide assistance

 8         to local governments in implementing provisions

 9         relating to rural land stewardship areas;

10         providing for multicounty rural land

11         stewardship areas; revising requirements,

12         including the acreage threshold for designating

13         a rural land stewardship area; providing that

14         transferable rural land use credits may be

15         assigned at different ratios according to the

16         natural resource or other beneficial use

17         characteristics of the land; providing

18         legislative findings regarding mixed-use,

19         high-density urban infill and redevelopment

20         projects; requiring the Department of Community

21         Affairs to provide technical assistance to

22         local governments; providing legislative

23         findings regarding a program for the transfer

24         of development rights and urban infill and

25         redevelopment; requiring the Department of

26         Community Affairs to provide technical

27         assistance to local governments; amending s.

28         163.3187, F.S.; providing an exception to the

29         limitation on the frequency of plan amendments;

30         amending s. 288.107, F.S.; reducing the number

31         of jobs that must be created for participation

                                  2

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 1         in the brownfield redevelopment bonus refund;

 2         amending s. 376.86, F.S.; increasing the

 3         percentage of a primary lender loan to which

 4         the limited state loan guaranty applies for

 5         redevelopment projects in brownfield areas;

 6         amending s. 718.103, F.S.; prohibiting any

 7         state, county, or municipal entity from being

 8         deemed a developer for purposes of s. 718.103,

 9         F.S.; amending s. 718.401, F.S.; prohibiting

10         any association, owner, or third party from

11         purchasing the fee interest of any real

12         property owned by a county or municipal entity,

13         unless agreed to by the governmental entity;

14         providing an effective date.

15  

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

17  

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

19  Statutes, is amended to read:

20         197.502  Application for obtaining tax deed by holder

21  of tax sale certificate; fees.--

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

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

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

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

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

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

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

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

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

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

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

 2  it is located.

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

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

 5  by chapter 376 or chapter 403 for preexisting soil or

 6  groundwater contamination due solely to its ownership.

 7  However, this subsection does not affect the rights or

 8  liabilities of any past or future owners of the escheated

 9  property and does not affect the liability of any governmental

10  entity for the results of its actions that create or

11  exacerbate a pollution source.

12         (b)  The county and the Department of Environmental

13  Protection may enter into a written agreement for the

14  performance, funding, and reimbursement of the investigative

15  and remedial acts necessary for a property that escheats to

16  the county.

17         Section 2.  Accessory dwelling units.--

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

19  homes in this state has increased steadily over the last

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

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

22  cost of rental housing has also increased steadily and the

23  cost often exceeds an amount that is affordable to

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

25  has resulted in a critical shortage of affordable rentals in

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

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

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

29  Legislature finds that it serves an important public purpose

30  to encourage the permitting of accessory dwelling units in

31  single-family residential areas in order to increase the

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

 2  low-income, or moderate-income persons.

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

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

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

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

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

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

 9  utilities do not exceed 30 percent of that amount which

10  represents the percentage of the median adjusted gross annual

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

12  persons.

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

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

15  section 420.0004(9), Florida Statutes.

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

17  in section 420.0004(10), Florida Statutes.

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

19  in section 420.0004(14), Florida Statutes.

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

21  a shortage of affordable rentals within its jurisdiction, the

22  local government may adopt an ordinance to allow accessory

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

24  use.

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

26  this section, an application for a building permit to

27  construct an accessory dwelling unit must include an affidavit

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

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

30  moderate-income person or persons.

31  

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 1         (5)  Each accessory dwelling unit allowed by an

 2  ordinance adopted under this section shall apply towards

 3  satisfying the affordable housing component of the housing

 4  element in the local government's comprehensive plan under

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

 6         (6)  The Department of Community Affairs shall evaluate

 7  the effectiveness of using accessory dwelling units to address

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

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

10  the number of ordinances adopted by a local government under

11  this section and the number of accessory dwelling units that

12  were created under these ordinances.

13         Section 3.  Subsection (13) is added to section

14  163.3167, Florida Statutes, to read:

15         163.3167  Scope of act.--

16         (13)  Each local government shall address in its

17  comprehensive plan, as enumerated in this chapter, the water

18  supply sources necessary to meet and achieve the existing and

19  projected water use demand for the established planning

20  period, considering the applicable plan developed pursuant to

21  s. 373.0361.

22         Section 4.  Paragraphs (a) and (c) of subsection (6)

23  and subsection (11) of section 163.3177, Florida Statutes, are

24  amended to read:

25         163.3177  Required and optional elements of

26  comprehensive plan; studies and surveys.--

27         (6)  In addition to the requirements of subsections

28  (1)-(5), the comprehensive plan shall include the following

29  elements:

30         (a)  A future land use plan element designating

31  proposed future general distribution, location, and extent of

                                  6

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    Florida Senate - 2004                    CS for CS for SB 2188
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 1  the uses of land for residential uses, commercial uses,

 2  industry, agriculture, recreation, conservation, education,

 3  public buildings and grounds, other public facilities, and

 4  other categories of the public and private uses of land.

 5  Counties are encouraged to designate rural land stewardship

 6  areas, pursuant to the provisions of paragraph (11)(d), as

 7  overlays on the future land use map.  Each future land use

 8  category must be defined in terms of uses included, and must

 9  include standards to be followed in the control and

10  distribution of population densities and building and

11  structure intensities. The proposed distribution, location,

12  and extent of the various categories of land use shall be

13  shown on a land use map or map series which shall be

14  supplemented by goals, policies, and measurable objectives.

15  The future land use plan shall be based upon surveys, studies,

16  and data regarding the area, including the amount of land

17  required to accommodate anticipated growth; the projected

18  population of the area; the character of undeveloped land; the

19  availability of public services; the need for redevelopment,

20  including the renewal of blighted areas and the elimination of

21  nonconforming uses which are inconsistent with the character

22  of the community; and, in rural communities, the need for job

23  creation, capital investment, and economic development that

24  will strengthen and diversify the community's economy. The

25  future land use plan may designate areas for future planned

26  development use involving combinations of types of uses for

27  which special regulations may be necessary to ensure

28  development in accord with the principles and standards of the

29  comprehensive plan and this act. In addition, for rural

30  communities, the amount of land designated for future planned

31  industrial use shall be based upon surveys and studies that

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 1  reflect the need for job creation, capital investment, and the

 2  necessity to strengthen and diversify the local economies, and

 3  shall not be limited solely by the projected population of the

 4  rural community. The future land use plan of a county may also

 5  designate areas for possible future municipal incorporation.

 6  The land use maps or map series shall generally identify and

 7  depict historic district boundaries and shall designate

 8  historically significant properties meriting protection.  The

 9  future land use element must clearly identify the land use

10  categories in which public schools are an allowable use.  When

11  delineating the land use categories in which public schools

12  are an allowable use, a local government shall include in the

13  categories sufficient land proximate to residential

14  development to meet the projected needs for schools in

15  coordination with public school boards and may establish

16  differing criteria for schools of different type or size.

17  Each local government shall include lands contiguous to

18  existing school sites, to the maximum extent possible, within

19  the land use categories in which public schools are an

20  allowable use. All comprehensive plans must comply with the

21  school siting requirements of this paragraph no later than

22  October 1, 1999. The failure by a local government to comply

23  with these school siting requirements by October 1, 1999, will

24  result in the prohibition of the local government's ability to

25  amend the local comprehensive plan, except for plan amendments

26  described in s. 163.3187(1)(b), until the school siting

27  requirements are met. Amendments proposed by a local

28  government for purposes of identifying the land use categories

29  in which public schools are an allowable use or for adopting

30  or amending the school-siting maps pursuant to s. 163.31776(3)

31  are exempt from the limitation on the frequency of plan

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 1  amendments contained in s. 163.3187. The future land use

 2  element shall include criteria that encourage the location of

 3  schools proximate to urban residential areas to the extent

 4  possible and shall require that the local government seek to

 5  collocate public facilities, such as parks, libraries, and

 6  community centers, with schools to the extent possible and to

 7  encourage the use of elementary schools as focal points for

 8  neighborhoods. For schools serving predominantly rural

 9  counties, defined as a county with a population of 100,000 or

10  fewer, an agricultural land use category shall be eligible for

11  the location of public school facilities if the local

12  comprehensive plan contains school siting criteria and the

13  location is consistent with such criteria.

14         (c)  A general sanitary sewer, solid waste, drainage,

15  potable water, and natural groundwater aquifer recharge

16  element correlated to principles and guidelines for future

17  land use, indicating ways to provide for future potable water,

18  drainage, sanitary sewer, solid waste, and aquifer recharge

19  protection requirements for the area.  The element may be a

20  detailed engineering plan including a topographic map

21  depicting areas of prime groundwater recharge. The element

22  shall describe the problems and needs and the general

23  facilities that will be required for solution of the problems

24  and needs.  The element shall also include a topographic map

25  depicting any areas adopted by a regional water management

26  district as prime groundwater recharge areas for the Floridan

27  or Biscayne aquifers, pursuant to s. 373.0395.  These areas

28  shall be given special consideration when the local government

29  is engaged in zoning or considering future land use for said

30  designated areas.  For areas served by septic tanks, soil

31  surveys shall be provided which indicate the suitability of

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    Florida Senate - 2004                    CS for CS for SB 2188
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 1  soils for septic tanks. By December 1, 2006 January 1, 2005,

 2  or the Evaluation and Appraisal Report adoption deadline

 3  established for the local government pursuant to s.

 4  163.3191(a), whichever date occurs first, the element must

 5  consider the appropriate water management district's regional

 6  water supply plan approved pursuant to s. 373.0361. The

 7  element must include a work plan, covering at least a 10-year

 8  planning period, for building water supply facilities that are

 9  identified in the element as necessary to serve existing and

10  new development and for which the local government is

11  responsible. The work plan shall be updated, at a minimum,

12  every 5 years within 12 months after the approval of the

13  revised regional water supply plan. Amendments to incorporate

14  the work plan do not count toward the limitation on the

15  frequency of adoption of amendments to a comprehensive plan.

16         (11)(a)  The Legislature recognizes the need for

17  innovative planning and development strategies which will

18  address the anticipated demands of continued urbanization of

19  Florida's coastal and other environmentally sensitive areas,

20  and which will accommodate the development of less populated

21  regions of the state which seek economic development and which

22  have suitable land and water resources to accommodate growth

23  in an environmentally acceptable manner.  The Legislature

24  further recognizes the substantial advantages of innovative

25  approaches to development which may better serve to protect

26  environmentally sensitive areas, maintain the economic

27  viability of agricultural and other predominantly rural land

28  uses, and provide for the cost-efficient delivery of public

29  facilities and services.

30         (b)  It is the intent of the Legislature that the local

31  government comprehensive plans and plan amendments adopted

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 1  pursuant to the provisions of this part provide for a planning

 2  process which allows for land use efficiencies within existing

 3  urban areas and which also allows for the conversion of rural

 4  lands to other uses, where appropriate and consistent with the

 5  other provisions of this part and the affected local

 6  comprehensive plans, through the application of innovative and

 7  flexible planning and development strategies and creative land

 8  use planning techniques, which may include, but not be limited

 9  to, urban villages, new towns, satellite communities,

10  area-based allocations, clustering and open space provisions,

11  mixed-use development, and sector planning.

12         (c)  It is the further intent of the Legislature that

13  local government comprehensive plans and implementing land

14  development regulations shall provide strategies which

15  maximize the use of existing facilities and services through

16  redevelopment, urban infill development, and other strategies

17  for urban revitalization.

18         (d)1.  The department, in cooperation with the

19  Department of Agriculture and Consumer Services, the

20  Department of Environmental Protection, water management

21  districts, and regional planning councils, shall provide

22  assistance to local governments in the implementation of this

23  paragraph and rule 9J-5.006(5)(l), Florida Administrative

24  Code.  Implementation of those provisions shall include a

25  process by which the department may authorize up to five local

26  governments to designate all or portions of lands classified

27  in the future land use element as predominantly agricultural,

28  rural, open, open-rural, or a substantively equivalent land

29  use, as a rural land stewardship area within which planning

30  and economic incentives are applied to encourage the

31  implementation of innovative and flexible planning and

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 1  development strategies and creative land use planning

 2  techniques, including those contained herein and in rule

 3  9J-5.006(5)(l), Florida Administrative Code. Assistance may

 4  include, but is not limited to:

 5         a.  Assistance from the Department of Environmental

 6  Protection and water management districts in creating the

 7  geographic information systems land cover database and aerial

 8  photogrammetry needed to prepare for a rural land stewardship

 9  area;

10         b.  Support for local government implementation of

11  rural land stewardship concepts by providing information and

12  assistance to local governments regarding land acquisition

13  programs that may be used by the local government or

14  landowners to leverage the protection of greater acreage and

15  maximize the effectiveness of rural land stewardship areas;

16  and

17         c.  Expansion of the role of the Department of

18  Community Affairs as a resource agency to facilitate

19  establishment of rural land stewardship areas in smaller rural

20  counties that do not have the staff or planning budgets to

21  create a rural land stewardship area.

22         2.  The department shall encourage participation by

23  local governments of different sizes and rural characteristics

24  in establishing and implementing rural land stewardship areas.

25  It is the intent of the Legislature that rural land

26  stewardship areas be used to further the following broad

27  principles of rural sustainability:  restoration and

28  maintenance of the economic value of rural land; control of

29  urban sprawl; identification and protection of ecosystems,

30  habitats, and natural resources; promotion of rural economic

31  activity; maintenance of the viability of Florida's

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 1  agricultural economy; and protection of the character of rural

 2  areas of Florida. Rural land stewardship areas may be

 3  multicounty in order to encourage coordinated regional

 4  stewardship planning.

 5         3.  A local government, in conjunction with a regional

 6  planning council, a stakeholder organization of private land

 7  owners, or another local government, shall notify may apply to

 8  the department in writing of its intent requesting

 9  consideration for authorization to designate a rural land

10  stewardship area and shall describe its reasons for applying

11  for the authorization with supporting documentation regarding

12  its compliance with criteria set forth in this section.

13         4.  In selecting a local government, the department

14  shall, by written agreement:

15         a.  Ensure that the local government has expressed its

16  intent to designate a rural land stewardship area pursuant to

17  the provisions of this subsection and clarify that the rural

18  land stewardship area is intended.

19         b.  Ensure that the local government has the financial

20  and administrative capabilities to implement a rural land

21  stewardship area.

22         5.  The written notification agreement shall describe

23  include the basis for the designation, authorization and

24  provide criteria for evaluating the success of the

25  authorization including the extent to which the rural land

26  stewardship area enhances rural land values, controls; control

27  urban sprawl,; provides necessary open space for agriculture

28  and protection of the natural environment,; promotes rural

29  economic activity,; and maintains rural character and the

30  economic viability of agriculture. The department may

31  

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 1  terminate the agreement at any time if it determines that the

 2  local government is not meeting the terms of the agreement.

 3         4.6.  A rural land stewardship area shall be not less

 4  than 10,000 50,000 acres and shall not exceed 250,000 acres in

 5  size, shall be located outside of municipalities and

 6  established urban growth boundaries, and shall be designated

 7  by plan amendment.  The plan amendment designating a rural

 8  land stewardship area shall be subject to review by the

 9  Department of Community Affairs pursuant to s. 163.3184 and

10  shall provide for the following:

11         a.  Criteria for the designation of receiving areas

12  within rural land stewardship areas in which innovative

13  planning and development strategies may be applied.  Criteria

14  shall at a minimum provide for the following: adequacy of

15  suitable land to accommodate development so as to avoid

16  conflict with environmentally sensitive areas, resources, and

17  habitats; compatibility between and transition from higher

18  density uses to lower intensity rural uses; the establishment

19  of receiving area service boundaries which provide for a

20  separation between receiving areas and other land uses within

21  the rural land stewardship area through limitations on the

22  extension of services; and connection of receiving areas with

23  the rest of the rural land stewardship area using rural design

24  and rural road corridors.

25         b.  Goals, objectives, and policies setting forth the

26  innovative planning and development strategies to be applied

27  within rural land stewardship areas pursuant to the provisions

28  of this section.

29         c.  A process for the implementation of innovative

30  planning and development strategies within the rural land

31  stewardship area, including those described in this subsection

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 1  and rule 9J-5.006(5)(l), Florida Administrative Code, which

 2  provide for a functional mix of land uses and which are

 3  applied through the adoption by the local government of zoning

 4  and land development regulations applicable to the rural land

 5  stewardship area.

 6         d.  A process which encourages visioning pursuant to s.

 7  163.3167(11) to ensure that innovative planning and

 8  development strategies comply with the provisions of this

 9  section.

10         e.  The control of sprawl through the use of innovative

11  strategies and creative land use techniques consistent with

12  the provisions of this subsection and rule 9J-5.006(5)(l),

13  Florida Administrative Code.

14         5.7.  A receiving area shall be designated by the

15  adoption of a land development regulation.  Prior to the

16  designation of a receiving area, the local government shall

17  provide the Department of Community Affairs a period of 30

18  days in which to review a proposed receiving area for

19  consistency with the rural land stewardship area plan

20  amendment and to provide comments to the local government.

21         6.8.  Upon the adoption of a plan amendment creating a

22  rural land stewardship area, the local government shall, by

23  ordinance, assign to the area a certain number of credits, to

24  be known as "transferable rural land use credits," which shall

25  not constitute a right to develop land, nor increase density

26  of land, except as provided by this section.  The total amount

27  of transferable rural land use credits assigned to the rural

28  land stewardship area must correspond to the 25-year or

29  greater projected population of the rural land stewardship

30  area.  Transferable rural land use credits are subject to the

31  following limitations:

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 1         a.  Transferable rural land use credits may only exist

 2  within a rural land stewardship area.

 3         b.  Transferable rural land use credits may only be

 4  used on lands designated as receiving areas and then solely

 5  for the purpose of implementing innovative planning and

 6  development strategies and creative land use planning

 7  techniques adopted by the local government pursuant to this

 8  section.

 9         c.  Transferable rural land use credits assigned to a

10  parcel of land within a rural land stewardship area shall

11  cease to exist if the parcel of land is removed from the rural

12  land stewardship area by plan amendment.

13         d.  Neither the creation of the rural land stewardship

14  area by plan amendment nor the assignment of transferable

15  rural land use credits by the local government shall operate

16  to displace the underlying density of land uses assigned to a

17  parcel of land within the rural land stewardship area;

18  however, if transferable rural land use credits are

19  transferred from a parcel for use within a designated

20  receiving area, the underlying density assigned to the parcel

21  of land shall cease to exist.

22         e.  The underlying density on each parcel of land

23  located within a rural land stewardship area shall not be

24  increased or decreased by the local government, except as a

25  result of the conveyance or use of transferable rural land use

26  credits, as long as the parcel remains within the rural land

27  stewardship area.

28         f.  Transferable rural land use credits shall cease to

29  exist on a parcel of land where the underlying density

30  assigned to the parcel of land is utilized.

31  

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 1         g.  An increase in the density of use on a parcel of

 2  land located within a designated receiving area may occur only

 3  through the assignment or use of transferable rural land use

 4  credits and shall not require a plan amendment.

 5         h.  A change in the density of land use on parcels

 6  located within receiving areas shall be specified in a

 7  development order which reflects the total number of

 8  transferable rural land use credits assigned to the parcel of

 9  land and the infrastructure and support services necessary to

10  provide for a functional mix of land uses corresponding to the

11  plan of development.

12         i.  Land within a rural land stewardship area may be

13  removed from the rural land stewardship area through a plan

14  amendment.

15         j.  Transferable rural land use credits may be assigned

16  at different ratios of credits per acre according to the

17  natural resource or other beneficial use characteristics of

18  the land and according to the land use remaining following the

19  transfer of credits, with the highest number of credits per

20  acre assigned to the most preserve environmentally valuable

21  land and a lesser number of credits to be assigned to open

22  space and agricultural land.

23         k.  The use or conveyance of transferable rural land

24  use credits must be recorded in the public records of the

25  county in which the property is located as a covenant or

26  restrictive easement running with the land in favor of the

27  county and either the Department of Environmental Protection,

28  Department of Agriculture and Consumer Services, a water

29  management district, or a recognized statewide land trust.

30         7.9.  Owners of land within rural land stewardship

31  areas should be provided incentives to enter into rural land

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 1  stewardship agreements, pursuant to existing law and rules

 2  adopted thereto, with state agencies, water management

 3  districts, and local governments to achieve mutually agreed

 4  upon conservation objectives.  Such incentives may include,

 5  but not be limited to, the following:

 6         a.  Opportunity to accumulate transferable mitigation

 7  credits.

 8         b.  Extended permit agreements.

 9         c.  Opportunities for recreational leases and

10  ecotourism.

11         d.  Payment for specified land management services on

12  publicly owned land, or property under covenant or restricted

13  easement in favor of a public entity.

14         e.  Option agreements for sale to public entities or

15  private land conservation entities government, in either fee

16  or easement, upon achievement of conservation objectives.

17         8.10.  The department shall report to the Legislature

18  on an annual basis on the results of implementation of rural

19  land stewardship areas authorized by the department, including

20  successes and failures in achieving the intent of the

21  Legislature as expressed in this paragraph. It is further the

22  intent of the Legislature that the success of authorized rural

23  land stewardship areas be substantiated before implementation

24  occurs on a statewide basis.

25         (e)  The Legislature finds that mixed-use, high-density

26  development is appropriate for urban infill and redevelopment

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

28  including residential and commercial, and usually at higher

29  densities that promote pedestrian-friendly, sustainable

30  communities. The Legislature recognizes that mixed-use,

31  high-density development improves the quality of life for

                                  18

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 1  residents and businesses in urban areas. The Legislature finds

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

 3  residents by creating a livable community with alternative

 4  modes of transportation. Furthermore, the Legislature finds

 5  that local zoning ordinances often discourage mixed-use,

 6  high-density development in areas that are appropriate for

 7  urban infill and redevelopment. The Legislature intends to

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

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

10  service area. Therefore, the Department of Community Affairs

11  shall provide technical assistance to local governments in

12  order to encourage mixed-use, high-density urban infill and

13  redevelopment projects.

14         (f)  The Legislature finds that a program for the

15  transfer of development rights is a useful tool to preserve

16  historic buildings and create public open spaces in urban

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

18  the transfer of density credits from historic properties and

19  public open spaces to areas designated for high-density

20  development. The Legislature recognizes that high-density

21  development is integral to the success of many urban infill

22  and redevelopment projects. The Legislature intends to

23  encourage high-density urban infill and redevelopment while

24  preserving historic structures and open spaces. Therefore, the

25  Department of Community Affairs shall provide technical

26  assistance to local governments in order to promote the

27  transfer of development rights within urban areas for

28  high-density infill and redevelopment projects.

29         (g)(e)  The implementation of this subsection shall be

30  subject to the provisions of this chapter, chapters 186 and

31  187, and applicable agency rules.

                                  19

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 1         (h)(f)  The department may adopt rules necessary to

 2  implement the provisions of this subsection.

 3         Section 5.  Paragraph (m) is added to subsection (1) of

 4  section 163.3187, Florida Statutes, to read:

 5         163.3187  Amendment of adopted comprehensive plan.--

 6         (1)  Amendments to comprehensive plans adopted pursuant

 7  to this part may be made not more than two times during any

 8  calendar year, except:

 9         (m)  Any local government comprehensive plan amendment

10  establishing or implementing a rural land stewardship area

11  pursuant to the provisions of s. 163.3177(11)(d).

12         Section 6.  Subsection (3) of section 288.107, Florida

13  Statutes, is amended to read:

14         288.107  Brownfield redevelopment bonus refunds.--

15         (3)  CRITERIA.--The minimum criteria for participation

16  in the brownfield redevelopment bonus refund are:

17         (a)  The creation of at least 5 10 new full-time

18  permanent jobs.  Such jobs shall not include construction or

19  site rehabilitation jobs associated with the implementation of

20  a brownfield site agreement as described in s. 376.80(5).

21         (b)  The completion of a fixed capital investment of at

22  least $2 million in mixed-use business activities, including

23  multiunit housing, commercial, retail, and industrial in

24  brownfield areas, by an eligible business applying for a

25  refund under paragraph (2)(b) which provides benefits to its

26  employees.

27         (c)  That the designation as a brownfield will

28  diversify and strengthen the economy of the area surrounding

29  the site.

30  

31  

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 1         (d)  That the designation as a brownfield will promote

 2  capital investment in the area beyond that contemplated for

 3  the rehabilitation of the site.

 4         Section 7.  Subsection (1) of section 376.86, Florida

 5  Statutes, is amended to read:

 6         376.86  Brownfield Areas Loan Guarantee Program.--

 7         (1)  The Brownfield Areas Loan Guarantee Council is

 8  created to review and approve or deny by a majority vote of

 9  its membership, the situations and circumstances for

10  participation in partnerships by agreements with local

11  governments, financial institutions, and others associated

12  with the redevelopment of brownfield areas pursuant to the

13  Brownfields Redevelopment Act for a limited state guaranty of

14  up to 5 years of loan guarantees or loan loss reserves issued

15  pursuant to law. The limited state loan guaranty applies only

16  to 50 10 percent of the primary lenders loans for

17  redevelopment projects in brownfield areas. A limited state

18  guaranty of private loans or a loan loss reserve is authorized

19  for lenders licensed to operate in the state upon a

20  determination by the council that such an arrangement would be

21  in the public interest and the likelihood of the success of

22  the loan is great.

23         Section 8.  Subsection (16) of section 718.103, Florida

24  Statutes, is amended to read:

25         718.103  Definitions.--As used in this chapter, the

26  term:

27         (16)  "Developer" means a person who creates a

28  condominium or offers condominium parcels for sale or lease in

29  the ordinary course of business, but does not include an owner

30  or lessee of a condominium or cooperative unit who has

31  acquired the unit for his or her own occupancy, nor does it

                                  21

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 1  include a cooperative association which creates a condominium

 2  by conversion of an existing residential cooperative after

 3  control of the association has been transferred to the unit

 4  owners if, following the conversion, the unit owners will be

 5  the same persons who were unit owners of the cooperative and

 6  no units are offered for sale or lease to the public as part

 7  of the plan of conversion. No state, county, or municipality

 8  entity shall be deemed a developer for any purposes under this

 9  chapter.

10         Section 9.  Subsection (4) is added to section 718.401,

11  Florida Statutes, to read:

12         718.401  Leaseholds.--

13         (4)  Notwithstanding any provision to the contrary in

14  this section, an association, individual unit owner, or third

15  party may not purchase the fee interest of any real property

16  owned by a county or municipal entity, unless agreed to by the

17  governmental entity.

18         Section 10.  This act shall take effect July 1, 2004.

19  

20  

21  

22  

23  

24  

25  

26  

27  

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31  

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                            CS/SB 2188

 3                                 

 4  The committee substitute changes the procedures for
    designation as a rural land stewardship area. The original
 5  bill authorized a local government to apply to the Department
    of Community Affairs (DCA) in writing, requesting
 6  consideration for authorization to designate a rural land
    stewardship area and the DCA was required to provide a written
 7  agreement to the local government describing certain criteria
    for selection. Instead, the committee substitute requires the
 8  local government to provide written notification to the DCA of
    its intent to designate a rural land stewardship area and
 9  describing the basis for the designation.

10  The committee substitute reduces the acreage thresholds for
    rural land stewardship areas from not less that 50,000 acres
11  or more than 250,000 acres to not less than 10,000 acres. The
    original bill deleted the acreage threshold.
12  
    The committee substitute removes the alternative date by which
13  the comprehensive plan element must consider the appropriate
    water management district's regional water supply plan.
14  
    The committee substitute requires the local government's work
15  plan for building water supply facilities updated every 5
    years within 12 months after the adoption of a revised
16  regional water supply plan.

17  The committee substitute specifically excludes from the
    definition of "developer", any state, county or municipal
18  entity as it relates to condominiums.

19  The committee substitute prohibits any outside party from
    purchasing the fee interest of real property owned by a county
20  or municipal entity  without their consent.

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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