| 1 | A bill to be entitled |
| 2 | An act relating to land development; amending s. 197.502, |
| 3 | F.S.; providing for the issuance of an escheatment tax |
| 4 | deed that is free and clear of any tax certificates, |
| 5 | accrued taxes, and liens of any nature for certain |
| 6 | properties; providing immunity for a county from |
| 7 | environmental liability for certain properties that |
| 8 | escheat to the county; providing for a written agreement |
| 9 | between a county and the Department of Environmental |
| 10 | Protection which addresses any investigative and remedial |
| 11 | acts necessary for certain properties; amending s. |
| 12 | 163.3177, F.S.; providing legislative findings regarding |
| 13 | mixed-use, high-density urban infill and redevelopment |
| 14 | projects; requiring the Department of Community Affairs to |
| 15 | provide technical assistance to local governments, |
| 16 | including a model ordinance; providing legislative |
| 17 | findings regarding a program for the transfer of |
| 18 | development rights and urban infill and redevelopment; |
| 19 | requiring the Department of Community Affairs to provide |
| 20 | technical assistance to local governments, including a |
| 21 | model ordinance; providing legislative findings with |
| 22 | respect to the shortage of affordable rentals in the |
| 23 | state; providing a statement of important public purpose; |
| 24 | providing definitions; authorizing local governments to |
| 25 | permit accessory dwelling units in areas zoned for single- |
| 26 | family residential use based upon certain findings; |
| 27 | providing for certain accessory dwelling units to apply |
| 28 | towards satisfying the affordable housing component of the |
| 29 | housing element in a local government's comprehensive |
| 30 | plan; requiring the Department of Community Affairs to |
| 31 | report to the Legislature; providing an effective date. |
| 32 |
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| 33 | Be It Enacted by the Legislature of the State of Florida: |
| 34 |
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| 35 | Section 1. Subsection (8) of section 197.502, Florida |
| 36 | Statutes, is amended to read: |
| 37 | 197.502 Application for obtaining tax deed by holder of |
| 38 | tax sale certificate; fees.-- |
| 39 | (8) Taxes shall not be extended against parcels listed as |
| 40 | lands available for taxes, but in each year the taxes that would |
| 41 | have been due shall be treated as omitted years and added to the |
| 42 | required minimum bid. Three years after from the day the land |
| 43 | was offered for public sale, the land shall escheat to the |
| 44 | county in which it is located, free and clear. All tax |
| 45 | certificates, accrued taxes, and liens of any nature against the |
| 46 | property shall be deemed canceled as a matter of law and of no |
| 47 | further legal force and effect, and the clerk shall execute an |
| 48 | escheatment a tax deed vesting title in the board of county |
| 49 | commissioners of the county in which the land it is located. |
| 50 | (a) When a property escheats to the county under this |
| 51 | subsection, the county is not subject to any liability imposed |
| 52 | by ch. 376 or ch. 403 for preexisting soil or groundwater |
| 53 | contamination due solely to its ownership. However, this |
| 54 | subsection does not affect the rights or liabilities of any past |
| 55 | or future owners of the escheated property and does not affect |
| 56 | the liability of any governmental entity for the results of its |
| 57 | actions that create or exacerbate a pollution source. |
| 58 | (b) The county and the Department of Environmental |
| 59 | Protection may enter into a written agreement for the |
| 60 | performance, funding, and reimbursement of the investigative and |
| 61 | remedial acts necessary for a property that escheats to the |
| 62 | county. |
| 63 | Section 2. Present paragraphs (d), (e), and (f) of |
| 64 | subsection (11) of section 163.3177, Florida Statutes, are |
| 65 | redesignated as paragraphs (f), (g), and (h), respectively, and |
| 66 | new paragraphs (d) and (e) are added to that subsection, to |
| 67 | read: |
| 68 | 163.3177 Required and optional elements of comprehensive |
| 69 | plan; studies and surveys.-- |
| 70 | (11) |
| 71 | (d) The Legislature finds that mixed-use, high-density |
| 72 | development is appropriate for urban infill and redevelopment |
| 73 | areas. Mixed-use projects accommodate a variety of uses, |
| 74 | including residential and commercial, and usually at higher |
| 75 | densities that promote pedestrian-friendly, sustainable |
| 76 | communities. The Legislature recognizes that mixed-use, high- |
| 77 | density development improves the quality of life for residents |
| 78 | and businesses in urban areas. The Legislature finds that mixed- |
| 79 | use, high-density redevelopment and infill benefits residents by |
| 80 | creating a livable community with alternative modes of |
| 81 | transportation. Furthermore, the Legislature finds that local |
| 82 | zoning ordinances often discourage mixed-use, high-density |
| 83 | development in areas that are appropriate for urban infill and |
| 84 | redevelopment. The Legislature intends to discourage single-use |
| 85 | zoning in urban areas which often leads to lower-density, land- |
| 86 | intensive development outside an urban service area. Therefore, |
| 87 | the Department of Community Affairs shall provide technical |
| 88 | assistance to local governments, including a model ordinance, to |
| 89 | encourage mixed-use, high-density urban infill and redevelopment |
| 90 | projects. |
| 91 | (e) The Legislature finds that a program for the transfer |
| 92 | of development rights is a useful tool to preserve historic |
| 93 | buildings and create public open spaces in urban areas. A |
| 94 | program for the transfer of development rights allows the |
| 95 | transfer of density credits from historic properties and public |
| 96 | open spaces to areas designated for high-density development. |
| 97 | The Legislature recognizes that high-density development is |
| 98 | integral to the success of many urban infill and redevelopment |
| 99 | projects. The Legislature intends to encourage high-density |
| 100 | urban infill and redevelopment while preserving historic |
| 101 | structures and open spaces. Therefore, the Department of |
| 102 | Community Affairs shall provide technical assistance to local |
| 103 | governments, including a model ordinance, in order to promote |
| 104 | the transfer of development rights within urban areas for high- |
| 105 | density infill and redevelopment projects. |
| 106 | Section 3. Accessory dwelling units.-- |
| 107 | (1) The Legislature finds that the median price of homes |
| 108 | in this state has increased steadily over the last decade and at |
| 109 | a greater rate of increase than the median income in many urban |
| 110 | areas. The Legislature finds that the cost of rental housing has |
| 111 | also increased steadily and the cost often exceeds an amount |
| 112 | that is affordable to very-low-income, low-income, or moderate- |
| 113 | income persons and has resulted in a critical shortage of |
| 114 | affordable rentals in many urban areas in the state. This |
| 115 | shortage of affordable rentals constitutes a threat to the |
| 116 | health, safety, and welfare of the residents of the state. |
| 117 | Therefore, the Legislature finds that it serves an important |
| 118 | public purpose to encourage the permitting of accessory dwelling |
| 119 | units in single-family residential areas in order to increase |
| 120 | the availability of affordable rentals for very-low-income, low- |
| 121 | income, or moderate-income persons. |
| 122 | (2) As used in this section, the term: |
| 123 | (a) "Accessory dwelling unit" means an ancillary or |
| 124 | secondary living unit, that has a separate kitchen, bathroom, |
| 125 | and sleeping area, existing either within the same structure, or |
| 126 | on the same lot, as the primary dwelling unit. |
| 127 | (b) "Affordable rental" means that monthly rent and |
| 128 | utilities do not exceed 30 percent of that amount which |
| 129 | represents the percentage of the median adjusted gross annual |
| 130 | income for very-low-income, low-income, or moderate-income |
| 131 | persons. |
| 132 | (c) "Local government" means a county or municipality. |
| 133 | (d) "Low-income persons" has the same meaning as in s. |
| 134 | 420.0004(9). |
| 135 | (e) "Moderate-income persons" has the same meaning as in |
| 136 | s. 420.0004(10). |
| 137 | (f) "Very-low-income persons" has the same meaning as in |
| 138 | s. 420.0004(14). |
| 139 | (3) Upon a finding by a local government that there is a |
| 140 | shortage of affordable rentals within its jurisdiction, the |
| 141 | local government may adopt an ordinance to allow accessory |
| 142 | dwelling units in any area zoned for single-family residential |
| 143 | use. |
| 144 | (4) If the local government adopts an ordinance under this |
| 145 | section, an application for a building permit to construct an |
| 146 | accessory dwelling unit must include an affidavit from the |
| 147 | applicant which attests that the unit will be rented at an |
| 148 | affordable rate to a very-low-income, low-income, or moderate- |
| 149 | income person or persons. |
| 150 | (5) Each accessory dwelling unit allowed by an ordinance |
| 151 | adopted under this section shall apply towards satisfying the |
| 152 | affordable housing component of the housing element in the local |
| 153 | government's comprehensive plan under s. 163.3177(6)(f), Florida |
| 154 | Statutes. |
| 155 | (6) The Department of Community Affairs shall evaluate the |
| 156 | effectiveness of using accessory dwelling units to address a |
| 157 | local government's shortage of affordable housing and report to |
| 158 | the Legislature by January 1, 2007. The report must specify the |
| 159 | number of ordinances adopted by a local government under this |
| 160 | section and the number of accessory dwelling units that were |
| 161 | created under these ordinances. |
| 162 | Section 4. This act shall take effect July 1, 2004. |