Florida Senate - 2024                             CS for SB 1456
       
       
        
       By the Committee on Community Affairs; and Senator Rodriguez
       
       
       
       
       
       578-03043-24                                          20241456c1
    1                        A bill to be entitled                      
    2         An act relating to counties designated as areas of
    3         critical state concern; amending s. 380.0552, F.S.;
    4         adding certain requirements to local comprehensive
    5         plans relating to a hurricane evacuation study;
    6         amending s. 380.0666, F.S.; revising the powers of the
    7         land authority; providing requirements for conveying
    8         affordable housing homeownership units; providing lien
    9         status prioritization for certain purposes; amending
   10         s. 420.9075, F.S.; excluding land designated as an
   11         area of critical state concern within a specified
   12         timeframe from award requirements made to specified
   13         sponsors or persons for the purpose of providing
   14         eligible housing as a part of a local housing
   15         assistance plan; providing for expiration and
   16         retroactive applicability; authorizing counties that
   17         have been designated as areas of critical state
   18         concern to use specified tourist development tax and
   19         tourist impact tax revenue for affordable housing for
   20         certain employees; requiring that housing financed
   21         with such funds maintain its affordable housing status
   22         for a specified timeframe; providing for distribution
   23         of the transferred surplus; providing an effective
   24         date.
   25          
   26  Be It Enacted by the Legislature of the State of Florida:
   27  
   28         Section 1. Paragraph (a) of subsection (9) of section
   29  380.0552, Florida Statutes, is amended to read:
   30         380.0552 Florida Keys Area; protection and designation as
   31  area of critical state concern.—
   32         (9) MODIFICATION TO PLANS AND REGULATIONS.—
   33         (a) Any land development regulation or element of a local
   34  comprehensive plan in the Florida Keys Area may be enacted,
   35  amended, or rescinded by a local government, but the enactment,
   36  amendment, or rescission becomes effective only upon approval by
   37  the state land planning agency. The state land planning agency
   38  shall review the proposed change to determine if it is in
   39  compliance with the principles for guiding development specified
   40  in chapter 27F-8, Florida Administrative Code, as amended
   41  effective August 23, 1984, and must approve or reject the
   42  requested changes within 60 days after receipt. Amendments to
   43  local comprehensive plans in the Florida Keys Area must also be
   44  reviewed for compliance with the following:
   45         1. Construction schedules and detailed capital financing
   46  plans for wastewater management improvements in the annually
   47  adopted capital improvements element, and standards for the
   48  construction of wastewater treatment and disposal facilities or
   49  collection systems that meet or exceed the criteria in s.
   50  403.086(11) for wastewater treatment and disposal facilities or
   51  s. 381.0065(4)(l) for onsite sewage treatment and disposal
   52  systems.
   53         2. Goals, objectives, and policies to protect public safety
   54  and welfare in the event of a natural disaster by maintaining a
   55  hurricane evacuation clearance time for permanent residents of
   56  no more than 24 hours. The hurricane evacuation clearance time
   57  shall be determined by a hurricane evacuation study conducted in
   58  accordance with a professionally accepted methodology and
   59  approved by the state land planning agency. For purposes of
   60  hurricane evacuation clearance time modeling:
   61         a.Mobile home residents are not considered permanent
   62  residents.
   63         b.The Key West Area pursuant to chapter 28-36, Florida
   64  Administrative Code, as amended, effective August 23, 1984,
   65  shall be included in the hurricane evacuation study.
   66         Section 2. Subsection (14) is added to section 380.0666,
   67  Florida Statutes, to read:
   68         380.0666 Powers of land authority.—The land authority shall
   69  have all the powers necessary or convenient to carry out and
   70  effectuate the purposes and provisions of this act, including
   71  the following powers, which are in addition to all other powers
   72  granted by other provisions of this act:
   73         (14)For affordable housing homeownership units, to require
   74  compliance with the income requirements under paragraph (3)(a)
   75  at the time of conveyance each time a unit is conveyed. The
   76  original land authority funding or contribution shall be
   77  memorialized in a recordable perpetual deed restriction. If the
   78  purchase receives state or federal funding and that state or
   79  federal funding program requires a priority lien position over
   80  the land authority deed restriction, the land authority funding
   81  or contribution may be subordinate to a first purchase money
   82  mortgage and the state or federal funding lien.
   83         Section 3. Paragraph (g) of subsection (5) of section
   84  420.9075, Florida Statutes, is amended to read:
   85         420.9075 Local housing assistance plans; partnerships.—
   86         (5) The following criteria apply to awards made to eligible
   87  sponsors or eligible persons for the purpose of providing
   88  eligible housing:
   89         (g)1. All units constructed, rehabilitated, or otherwise
   90  assisted with the funds provided from the local housing
   91  assistance trust fund must be occupied by very-low-income
   92  persons, low-income persons, and moderate-income persons except
   93  as otherwise provided in this section.
   94         2.a. At least 30 percent of the funds deposited into the
   95  local housing assistance trust fund must be reserved for awards
   96  to very-low-income persons or eligible sponsors who will serve
   97  very-low-income persons, and at least an additional 30 percent
   98  of the funds deposited into the local housing assistance trust
   99  fund must be reserved for awards to low-income persons or
  100  eligible sponsors who will serve low-income persons.
  101         b.This subparagraph does not apply to a county or an
  102  eligible municipality that includes or has included within the
  103  previous 5 years an area of critical state concern designated by
  104  the Legislature for which the Legislature has declared its
  105  intent to provide affordable housing. This sub-subparagraph
  106  expires on July 1, 2029, and applies retroactively.
  107         Section 4. A county that has been designated as an area of
  108  critical state concern by law or by action of the Administration
  109  Commission pursuant to s. 380.05, Florida Statutes, and that
  110  levies a tourist development tax pursuant to s. 125.0104,
  111  Florida Statutes, and a tourist impact tax pursuant to s.
  112  125.0108, Florida Statutes, may transfer its cumulative surplus
  113  from such taxes incurred through September 30, 2024, for the
  114  purpose of providing affordable housing as defined in s.
  115  420.0004, Florida Statutes, for employees whose housing
  116  opportunities are impacted by the operation of tourist-related
  117  businesses in the county. Any housing financed with funds from
  118  this surplus shall maintain its affordable housing status for a
  119  period of no less than 99 years. The transferred surplus shall
  120  be distributed pursuant to s. 125.0108(3), Florida Statutes.
  121         Section 5. This act shall take effect July 1, 2024.