HB 1593CS

CHAMBER ACTION



2The Committee on Local Government & Veterans' Affairs recommends
3the following:
4
5     Committee Substitute
6     Remove the entire bill and insert:
7
A bill to be entitled
8An act relating to land development; amending s. 197.502,
9F.S.; providing for the issuance of an escheatment tax
10deed that is free and clear of any tax certificates,
11accrued taxes, and liens of any nature for certain
12properties; providing immunity for a county from
13environmental liability for certain properties that
14escheat to the county; providing for a written agreement
15between a county and the Department of Environmental
16Protection which addresses any investigative and remedial
17acts necessary for certain properties; amending s.
18163.3167, F.S.; requiring a local government to address
19certain water supply sources in its comprehensive plan;
20amending s. 163.3177, F.S.; providing that rural land
21stewardship area designation should be specifically
22encouraged as an overlay on the future land use map;
23extending the deadline for certain information to be
24included in a comprehensive plan; requiring a work plan to
25be updated at certain intervals; providing legislative
26findings regarding mixed-use, high-density urban infill
27and redevelopment projects; requiring the Department of
28Community Affairs to provide technical assistance to local
29governments, including a model ordinance; providing
30legislative findings regarding a program for the transfer
31of development rights and urban infill and redevelopment;
32requiring the Department of Community Affairs to provide
33technical assistance to local governments, including a
34model ordinance; requiring the Department of Community
35Affairs, the Department of Environmental Protection, water
36management districts, and regional planning councils to
37provide assistance to local governments in implementing
38provisions relating to rural land stewardship areas;
39providing for multicounty rural land stewardship areas;
40deleting acreage thresholds for rural land stewardship
41areas; providing that transferable rural land use credits
42may be assigned at different ratios according to the
43natural resource or other beneficial use characteristics
44of the land; amending s. 163.3187, F.S.; providing an
45exception to the limitation on the frequency of plan
46amendments; amending s. 163.3246, F.S.; conforming a cross
47reference; amending s. 288.107, F.S.; reducing the number
48of jobs that must be created for participation in the
49brownfield redevelopment bonus refund; amending s. 376.86,
50F.S.; increasing the percentage of a primary lender loan
51to which the limited state loan guaranty applies for
52redevelopment projects in brownfield areas; providing
53legislative findings with respect to the shortage of
54affordable rentals in the state; providing a statement of
55important public purpose; providing definitions;
56authorizing local governments to permit accessory dwelling
57units in areas zoned for single-family residential use
58based upon certain findings; providing for certain
59accessory dwelling units to apply towards satisfying the
60affordable housing component of the housing element in a
61local government's comprehensive plan; requiring the
62Department of Community Affairs to report to the
63Legislature; providing an effective date.
64
65Be It Enacted by the Legislature of the State of Florida:
66
67     Section 1.  Subsection (8) of section 197.502, Florida
68Statutes, is amended to read:
69     197.502  Application for obtaining tax deed by holder of
70tax sale certificate; fees.--
71     (8)  Taxes shall not be extended against parcels listed as
72lands available for taxes, but in each year the taxes that would
73have been due shall be treated as omitted years and added to the
74required minimum bid. Three years after from the day the land
75was offered for public sale, the land shall escheat to the
76county in which it is located, free and clear. All tax
77certificates, accrued taxes, and liens of any nature against the
78property shall be deemed canceled as a matter of law and of no
79further legal force and effect, and the clerk shall execute an
80escheatment a tax deed vesting title in the board of county
81commissioners of the county in which the land it is located.
82     (a)  When a property escheats to the county under this
83subsection, the county is not subject to any liability imposed
84by chapter 376 or chapter 403 for preexisting soil or
85groundwater contamination due solely to its ownership. However,
86this subsection does not affect the rights or liabilities of any
87past or future owners of the escheated property and does not
88affect the liability of any governmental entity for the results
89of its actions that create or exacerbate a pollution source.
90     (b)  The county and the Department of Environmental
91Protection may enter into a written agreement for the
92performance, funding, and reimbursement of the investigative and
93remedial acts necessary for a property that escheats to the
94county.
95     Section 2.  Subsection (13) is added to section 163.3167,
96Florida Statutes, to read:
97     163.3167  Scope of act.--
98     (13)  Each local government shall address in its
99comprehensive plan, as enumerated in this chapter, the water
100supply sources necessary to meet and achieve the existing and
101projected water use demand for the established planning period,
102considering the applicable plan developed pursuant to s.
103373.0361.
104     Section 3.  Paragraphs (a) and (c) of subsection (6) and
105subsection (11) of section 163.3177, Florida Statutes, are
106amended to read:
107     163.3177  Required and optional elements of comprehensive
108plan; studies and surveys.--
109     (6)  In addition to the requirements of subsections (1)-
110(5), the comprehensive plan shall include the following
111elements:
112     (a)  A future land use plan element designating proposed
113future general distribution, location, and extent of the uses of
114land for residential uses, commercial uses, industry,
115agriculture, recreation, conservation, education, public
116buildings and grounds, other public facilities, and other
117categories of the public and private uses of land. Counties are
118encouraged to designate rural land stewardship areas, pursuant
119to the provisions of paragraph (11)(f), as overlays on the
120future land use map. Each future land use category must be
121defined in terms of uses included, and must include standards to
122be followed in the control and distribution of population
123densities and building and structure intensities. The proposed
124distribution, location, and extent of the various categories of
125land use shall be shown on a land use map or map series which
126shall be supplemented by goals, policies, and measurable
127objectives. The future land use plan shall be based upon
128surveys, studies, and data regarding the area, including the
129amount of land required to accommodate anticipated growth; the
130projected population of the area; the character of undeveloped
131land; the availability of public services; the need for
132redevelopment, including the renewal of blighted areas and the
133elimination of nonconforming uses which are inconsistent with
134the character of the community; and, in rural communities, the
135need for job creation, capital investment, and economic
136development that will strengthen and diversify the community's
137economy. The future land use plan may designate areas for future
138planned development use involving combinations of types of uses
139for which special regulations may be necessary to ensure
140development in accord with the principles and standards of the
141comprehensive plan and this act. In addition, for rural
142communities, the amount of land designated for future planned
143industrial use shall be based upon surveys and studies that
144reflect the need for job creation, capital investment, and the
145necessity to strengthen and diversify the local economies, and
146shall not be limited solely by the projected population of the
147rural community. The future land use plan of a county may also
148designate areas for possible future municipal incorporation. The
149land use maps or map series shall generally identify and depict
150historic district boundaries and shall designate historically
151significant properties meriting protection. The future land use
152element must clearly identify the land use categories in which
153public schools are an allowable use. When delineating the land
154use categories in which public schools are an allowable use, a
155local government shall include in the categories sufficient land
156proximate to residential development to meet the projected needs
157for schools in coordination with public school boards and may
158establish differing criteria for schools of different type or
159size. Each local government shall include lands contiguous to
160existing school sites, to the maximum extent possible, within
161the land use categories in which public schools are an allowable
162use. All comprehensive plans must comply with the school siting
163requirements of this paragraph no later than October 1, 1999.
164The failure by a local government to comply with these school
165siting requirements by October 1, 1999, will result in the
166prohibition of the local government's ability to amend the local
167comprehensive plan, except for plan amendments described in s.
168163.3187(1)(b), until the school siting requirements are met.
169Amendments proposed by a local government for purposes of
170identifying the land use categories in which public schools are
171an allowable use or for adopting or amending the school-siting
172maps pursuant to s. 163.31776(3) are exempt from the limitation
173on the frequency of plan amendments contained in s. 163.3187.
174The future land use element shall include criteria that
175encourage the location of schools proximate to urban residential
176areas to the extent possible and shall require that the local
177government seek to collocate public facilities, such as parks,
178libraries, and community centers, with schools to the extent
179possible and to encourage the use of elementary schools as focal
180points for neighborhoods. For schools serving predominantly
181rural counties, defined as a county with a population of 100,000
182or fewer, an agricultural land use category shall be eligible
183for the location of public school facilities if the local
184comprehensive plan contains school siting criteria and the
185location is consistent with such criteria.
186     (c)  A general sanitary sewer, solid waste, drainage,
187potable water, and natural groundwater aquifer recharge element
188correlated to principles and guidelines for future land use,
189indicating ways to provide for future potable water, drainage,
190sanitary sewer, solid waste, and aquifer recharge protection
191requirements for the area. The element may be a detailed
192engineering plan including a topographic map depicting areas of
193prime groundwater recharge. The element shall describe the
194problems and needs and the general facilities that will be
195required for solution of the problems and needs. The element
196shall also include a topographic map depicting any areas adopted
197by a regional water management district as prime groundwater
198recharge areas for the Floridan or Biscayne aquifers, pursuant
199to s. 373.0395. These areas shall be given special consideration
200when the local government is engaged in zoning or considering
201future land use for said designated areas. For areas served by
202septic tanks, soil surveys shall be provided which indicate the
203suitability of soils for septic tanks. By December 1, 2006
204January 1, 2005, or the Evaluation and Appraisal Report adoption
205deadline established for the local government pursuant to s.
206163.3191(a), whichever date occurs first, the element must
207consider the appropriate water management district's regional
208water supply plan approved pursuant to s. 373.0361. The element
209must include a work plan, covering at least a 10-year planning
210period, for building water supply facilities that are identified
211in the element as necessary to serve existing and new
212development and for which the local government is responsible.
213The work plan shall be updated, at a minimum, every 5 years
214within 12 months after the approval of the revised regional
215water supply plan. Amendments to incorporate the whole plan do
216not count toward the limitations on frequency of adoption of
217amendments to the comprehensive plan.
218     (11)(a)  The Legislature recognizes the need for innovative
219planning and development strategies which will address the
220anticipated demands of continued urbanization of Florida's
221coastal and other environmentally sensitive areas, and which
222will accommodate the development of less populated regions of
223the state which seek economic development and which have
224suitable land and water resources to accommodate growth in an
225environmentally acceptable manner. The Legislature further
226recognizes the substantial advantages of innovative approaches
227to development which may better serve to protect environmentally
228sensitive areas, maintain the economic viability of agricultural
229and other predominantly rural land uses, and provide for the
230cost-efficient delivery of public facilities and services.
231     (b)  It is the intent of the Legislature that the local
232government comprehensive plans and plan amendments adopted
233pursuant to the provisions of this part provide for a planning
234process which allows for land use efficiencies within existing
235urban areas and which also allows for the conversion of rural
236lands to other uses, where appropriate and consistent with the
237other provisions of this part and the affected local
238comprehensive plans, through the application of innovative and
239flexible planning and development strategies and creative land
240use planning techniques, which may include, but not be limited
241to, urban villages, new towns, satellite communities, area-based
242allocations, clustering and open space provisions, mixed-use
243development, and sector planning.
244     (c)  It is the further intent of the Legislature that local
245government comprehensive plans and implementing land development
246regulations shall provide strategies which maximize the use of
247existing facilities and services through redevelopment, urban
248infill development, and other strategies for urban
249revitalization.
250     (d)  The Legislature finds that mixed-use, high-density
251development is appropriate for urban infill and redevelopment
252areas. Mixed-use projects accommodate a variety of uses,
253including residential and commercial, and usually at higher
254densities that promote pedestrian-friendly, sustainable
255communities. The Legislature recognizes that mixed-use, high-
256density development improves the quality of life for residents
257and businesses in urban areas. The Legislature finds that mixed-
258use, high-density redevelopment and infill benefits residents by
259creating a livable community with alternative modes of
260transportation. Furthermore, the Legislature finds that local
261zoning ordinances often discourage mixed-use, high-density
262development in areas that are appropriate for urban infill and
263redevelopment. The Legislature intends to discourage single-use
264zoning in urban areas which often leads to lower density, land-
265intensive development outside an urban service area. Therefore,
266the Department of Community Affairs shall provide technical
267assistance to local governments, including a model ordinance, to
268encourage mixed-use, high-density urban infill and redevelopment
269projects.
270     (e)  The Legislature finds that a program for the transfer
271of development rights is a useful tool to preserve historic
272buildings and create public open spaces in urban areas. A
273program for the transfer of development rights allows the
274transfer of density credits from historic properties and public
275open spaces to areas designated for high-density development.
276The Legislature recognizes that high-density development is
277integral to the success of many urban infill and redevelopment
278projects. The Legislature intends to encourage high-density
279urban infill and redevelopment while preserving historic
280structures and open spaces. Therefore, the Department of
281Community Affairs shall provide technical assistance to local
282governments, including a model ordinance, in order to promote
283the transfer of development rights within urban areas for high-
284density infill and redevelopment projects.
285     (f)(d)1.  The department, in cooperation with the
286Department of Agriculture and Consumer Services, the Department
287of Environmental Protection, water management districts, and
288regional planning councils, shall provide assistance to local
289governments in the implementation of this paragraph and rule 9J-
2905.006(5)(l), Florida Administrative Code. Implementation of
291those provisions shall include a process by which the department
292may authorize up to five local governments to designate all or
293portions of lands classified in the future land use element as
294predominantly agricultural, rural, open, open-rural, or a
295substantively equivalent land use, as a rural land stewardship
296area within which planning and economic incentives are applied
297to encourage the implementation of innovative and flexible
298planning and development strategies and creative land use
299planning techniques, including those contained herein and in
300rule 9J-5.006(5)(l), Florida Administrative Code. Assistance may
301include, but is not limited to:
302     a.  Assistance from the Department of Environmental
303Protection and water management districts in creating the
304geographic information systems land cover database and aerial
305photogrammetry needed to prepare for a rural land stewardship
306area.
307     b.  Allocation of funds earmarked for conservation easement
308and land acquisition programs that could be leveraged to protect
309greater acreages using the rural land stewardship area approach.
310     c.  Expansion of the role of the Department of Community
311Affairs as a resource agency and the provision of grants to
312facilitate establishment of rural land stewardship areas in
313smaller rural counties that do not have the staff or planning
314budgets to create a rural land stewardship area.
315     2.  The department shall encourage participation by local
316governments of different sizes and rural characteristics in
317establishing and implementing rural land stewardship areas. It
318is the intent of the Legislature that rural land stewardship
319areas be used to further the following broad principles of rural
320sustainability: restoration and maintenance of the economic
321value of rural land; control of urban sprawl; identification and
322protection of ecosystems, habitats, and natural resources;
323promotion of rural economic activity; maintenance of the
324viability of Florida's agricultural economy; and protection of
325the character of rural areas of Florida. Rural land stewardship
326areas may be multicounty in order to encourage coordinated
327regional stewardship planning.
328     3.  A local government, in conjunction with a regional
329planning council, a stakeholder organization of private land
330owners, or another local government, may apply to the department
331in writing requesting consideration for authorization to
332designate a rural land stewardship area and shall describe its
333reasons for applying for the authorization with supporting
334documentation regarding its compliance with criteria set forth
335in this section.
336     4.  In selecting a local government, the department shall,
337by written agreement:
338     a.  Ensure that the local government has expressed its
339intent to designate a rural land stewardship area pursuant to
340the provisions of this subsection and clarify that the rural
341land stewardship area is intended.
342     b.  Ensure that the local government has the financial and
343administrative capabilities to implement a rural land
344stewardship area.
345     5.  The written agreement shall include the basis for the
346authorization and provide criteria for evaluating the success of
347the authorization including the extent the rural land
348stewardship area enhances rural land values; control urban
349sprawl; provides necessary open space for agriculture and
350protection of the natural environment; promotes rural economic
351activity; and maintains rural character and the economic
352viability of agriculture. The department may terminate the
353agreement at any time if it determines that the local government
354is not meeting the terms of the agreement.
355     6.  A rural land stewardship area shall be not less than
35650,000 acres and shall not exceed 250,000 acres in size, shall
357be located outside of municipalities and established urban
358growth boundaries, and shall be designated by plan amendment.
359The plan amendment designating a rural land stewardship area
360shall be subject to review by the Department of Community
361Affairs pursuant to s. 163.3184 and shall provide for the
362following:
363     a.  Criteria for the designation of receiving areas within
364rural land stewardship areas in which innovative planning and
365development strategies may be applied. Criteria shall at a
366minimum provide for the following: adequacy of suitable land to
367accommodate development so as to avoid conflict with
368environmentally sensitive areas, resources, and habitats;
369compatibility between and transition from higher density uses to
370lower intensity rural uses; the establishment of receiving area
371service boundaries which provide for a separation between
372receiving areas and other land uses within the rural land
373stewardship area through limitations on the extension of
374services; and connection of receiving areas with the rest of the
375rural land stewardship area using rural design and rural road
376corridors.
377     b.  Goals, objectives, and policies setting forth the
378innovative planning and development strategies to be applied
379within rural land stewardship areas pursuant to the provisions
380of this section.
381     c.  A process for the implementation of innovative planning
382and development strategies within the rural land stewardship
383area, including those described in this subsection and rule 9J-
3845.006(5)(l), Florida Administrative Code, which provide for a
385functional mix of land uses and which are applied through the
386adoption by the local government of zoning and land development
387regulations applicable to the rural land stewardship area.
388     d.  A process which encourages visioning pursuant to s.
389163.3167(11) to ensure that innovative planning and development
390strategies comply with the provisions of this section.
391     e.  The control of sprawl through the use of innovative
392strategies and creative land use techniques consistent with the
393provisions of this subsection and rule 9J-5.006(5)(l), Florida
394Administrative Code.
395     7.  A receiving area shall be designated by the adoption of
396a land development regulation. Prior to the designation of a
397receiving area, the local government shall provide the
398Department of Community Affairs a period of 30 days in which to
399review a proposed receiving area for consistency with the rural
400land stewardship area plan amendment and to provide comments to
401the local government.
402     8.  Upon the adoption of a plan amendment creating a rural
403land stewardship area, the local government shall, by ordinance,
404assign to the area a certain number of credits, to be known as
405"transferable rural land use credits," which shall not
406constitute a right to develop land, nor increase density of
407land, except as provided by this section. The total amount of
408transferable rural land use credits assigned to the rural land
409stewardship area must correspond to the 25-year or greater
410projected population of the rural land stewardship area.
411Transferable rural land use credits are subject to the following
412limitations:
413     a.  Transferable rural land use credits may only exist
414within a rural land stewardship area.
415     b.  Transferable rural land use credits may only be used on
416lands designated as receiving areas and then solely for the
417purpose of implementing innovative planning and development
418strategies and creative land use planning techniques adopted by
419the local government pursuant to this section.
420     c.  Transferable rural land use credits assigned to a
421parcel of land within a rural land stewardship area shall cease
422to exist if the parcel of land is removed from the rural land
423stewardship area by plan amendment.
424     d.  Neither the creation of the rural land stewardship area
425by plan amendment nor the assignment of transferable rural land
426use credits by the local government shall operate to displace
427the underlying density of land uses assigned to a parcel of land
428within the rural land stewardship area; however, if transferable
429rural land use credits are transferred from a parcel for use
430within a designated receiving area, the underlying density
431assigned to the parcel of land shall cease to exist.
432     e.  The underlying density on each parcel of land located
433within a rural land stewardship area shall not be increased or
434decreased by the local government, except as a result of the
435conveyance or use of transferable rural land use credits, as
436long as the parcel remains within the rural land stewardship
437area.
438     f.  Transferable rural land use credits shall cease to
439exist on a parcel of land where the underlying density assigned
440to the parcel of land is utilized.
441     g.  An increase in the density of use on a parcel of land
442located within a designated receiving area may occur only
443through the assignment or use of transferable rural land use
444credits and shall not require a plan amendment.
445     h.  A change in the density of land use on parcels located
446within receiving areas shall be specified in a development order
447which reflects the total number of transferable rural land use
448credits assigned to the parcel of land and the infrastructure
449and support services necessary to provide for a functional mix
450of land uses corresponding to the plan of development.
451     i.  Land within a rural land stewardship area may be
452removed from the rural land stewardship area through a plan
453amendment.
454     j.  Transferable rural land use credits may be assigned at
455different ratios of credits per acre according to the natural
456resource or other beneficial use characteristics of the land and
457according to the land use remaining following the transfer of
458credits, with the highest number of credits per acre assigned to
459the most preserve environmentally valuable land and a lesser
460number of credits to be assigned to open space and agricultural
461land.
462     k.  The use or conveyance of transferable rural land use
463credits must be recorded in the public records of the county in
464which the property is located as a covenant or restrictive
465easement running with the land in favor of the county and either
466the Department of Environmental Protection, Department of
467Agriculture and Consumer Services, a water management district,
468or a recognized statewide land trust.
469     9.  Owners of land within rural land stewardship areas
470should be provided incentives to enter into rural land
471stewardship agreements, pursuant to existing law and rules
472adopted thereto, with state agencies, water management
473districts, and local governments to achieve mutually agreed upon
474conservation objectives. Such incentives may include, but not be
475limited to, the following:
476     a.  Opportunity to accumulate transferable mitigation
477credits.
478     b.  Extended permit agreements.
479     c.  Opportunities for recreational leases and ecotourism.
480     d.  Payment for specified land management services on
481publicly owned land, or property under covenant or restricted
482easement in favor of a public entity.
483     e.  Option agreements for sale to public entities or
484private land conservation entities government, in either fee or
485easement, upon achievement of conservation objectives.
486     10.  The department shall report to the Legislature on an
487annual basis on the results of implementation of rural land
488stewardship areas authorized by the department, including
489successes and failures in achieving the intent of the
490Legislature as expressed in this paragraph. It is further the
491intent of the Legislature that the success of authorized rural
492land stewardship areas be substantiated before implementation
493occurs on a statewide basis.
494     (g)(e)  The implementation of this subsection shall be
495subject to the provisions of this chapter, chapters 186 and 187,
496and applicable agency rules.
497     (h)(f)  The department may adopt rules necessary to
498implement the provisions of this subsection.
499     Section 4.  Paragraph (m) is added to subsection (1) of
500section 163.3187, Florida Statutes, to read:
501     163.3187  Amendment of adopted comprehensive plan.--
502     (1)  Amendments to comprehensive plans adopted pursuant to
503this part may be made not more than two times during any
504calendar year, except:
505     (m)  Any local government comprehensive plan amendment
506establishing or implementing a rural land stewardship area
507pursuant to s. 163.3177(11)(f).
508     Section 5.  Paragraph (b) of subsection (9) of section
509163.3246, Florida Statutes, is amended to read:
510     163.3246  Local government comprehensive planning
511certification program.--
512     (9)
513     (b)  Plan amendments that change the boundaries of the
514certification area; propose a rural land stewardship area
515pursuant to s. 163.3177(11)(f)(d); propose an optional sector
516plan pursuant to s. 163.3245; propose a school facilities
517element; update a comprehensive plan based on an evaluation and
518appraisal report; impact lands outside the certification
519boundary; implement new statutory requirements that require
520specific comprehensive plan amendments; or increase hurricane
521evacuation times or the need for shelter capacity on lands
522within the coastal high hazard area shall be reviewed pursuant
523to ss. 163.3184 and 163.3187.
524     Section 6.  Subsection (3) of section 288.107, Florida
525Statutes, is amended to read:
526     288.107  Brownfield redevelopment bonus refunds.--
527     (3)  CRITERIA.--The minimum criteria for participation in
528the brownfield redevelopment bonus refund are:
529     (a)  The creation of at least 5 10 new full-time permanent
530jobs. Such jobs shall not include construction or site
531rehabilitation jobs associated with the implementation of a
532brownfield site agreement as described in s. 376.80(5).
533     (b)  The completion of a fixed capital investment of at
534least $2 million in mixed-use business activities, including
535multiunit housing, commercial, retail, and industrial in
536brownfield areas, by an eligible business applying for a refund
537under paragraph (2)(b) which provides benefits to its employees.
538     (c)  That the designation as a brownfield will diversify
539and strengthen the economy of the area surrounding the site.
540     (d)  That the designation as a brownfield will promote
541capital investment in the area beyond that contemplated for the
542rehabilitation of the site.
543     Section 7.  Subsection (1) of section 376.86, Florida
544Statutes, is amended to read:
545     376.86  Brownfield Areas Loan Guarantee Program.--
546     (1)  The Brownfield Areas Loan Guarantee Council is created
547to review and approve or deny by a majority vote of its
548membership, the situations and circumstances for participation
549in partnerships by agreements with local governments, financial
550institutions, and others associated with the redevelopment of
551brownfield areas pursuant to the Brownfields Redevelopment Act
552for a limited state guaranty of up to 5 years of loan guarantees
553or loan loss reserves issued pursuant to law. The limited state
554loan guaranty applies only to 50 10 percent of the primary
555lenders loans for redevelopment projects in brownfield areas. A
556limited state guaranty of private loans or a loan loss reserve
557is authorized for lenders licensed to operate in the state upon
558a determination by the council that such an arrangement would be
559in the public interest and the likelihood of the success of the
560loan is great.
561     Section 8.  Accessory dwelling units.--
562     (1)  The Legislature finds that the median price of homes
563in this state has increased steadily over the last decade and at
564a greater rate of increase than the median income in many urban
565areas in other states. The Legislature finds that the cost of
566rental housing has also increased steadily and the cost often
567exceeds an amount that is affordable to very-low-income, low-
568income, or moderate-income persons and has resulted in a
569critical shortage of affordable rentals in many urban areas in
570the state. This shortage of affordable rentals constitutes a
571threat to the health, safety, and welfare of the residents of
572the state. Therefore, the Legislature finds that it serves an
573important public purpose to encourage the permitting of
574accessory dwelling units in single-family residential areas in
575order to increase the availability of affordable rentals for
576very-low-income, low-income, or moderate-income persons.
577     (2)  As used in this section, the term:
578     (a)  "Accessory dwelling unit" means an ancillary or
579secondary living unit that has a separate kitchen, bathroom, and
580sleeping area, existing either within the same structure, or on
581the same lot, as the primary dwelling unit.
582     (b)  "Affordable rental" means that monthly rent and
583utilities do not exceed 30 percent of that amount which
584represents the percentage of the median adjusted gross annual
585income for very-low-income, low-income, or moderate-income
586persons.
587     (c)  "Local government" means a county or municipality.
588     (d)  "Low-income persons" has the same meaning as in s.
589420.0004(9), Florida Statutes.
590     (e)  "Moderate-income persons" has the same meaning as in
591s. 420.0004(10), Florida Statutes.
592     (f)  "Very-low-income persons" has the same meaning as in
593s. 420.0004(14), Florida Statutes.
594     (3)  Upon a finding by a local government that there is a
595shortage of affordable rentals within its jurisdiction, the
596local government may adopt an ordinance to allow accessory
597dwelling units in any area zoned for single-family residential
598use.
599     (4)  If the local government adopts an ordinance under this
600section, an application for a building permit to construct an
601accessory dwelling unit must include an affidavit from the
602applicant which attests that the unit will be rented at an
603affordable rate to a very-low-income, low-income, or moderate-
604income person or persons.
605     (5)  Each accessory dwelling unit allowed by an ordinance
606adopted under this section shall apply towards satisfying the
607affordable housing component of the housing element in the local
608government's comprehensive plan under s. 163.3177(6)(f), Florida
609Statutes.
610     (6)  The Department of Community Affairs shall evaluate the
611effectiveness of using accessory dwelling units to address a
612local government's shortage of affordable housing and report to
613the Legislature by January 1, 2007. The report must specify the
614number of ordinances adopted by a local government under this
615section and the number of accessory dwelling units that were
616created under these ordinances.
617     Section 9.  This act shall take effect July 1, 2004.


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