Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 2148
       
       
       
       
       
       
                                Barcode 973684                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/24/2009           .                                
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       The Committee on Community Affairs (Bennett) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 1737 and 1738
    4  insert:
    5         Section 6. Subsection (8) of section 163.340, Florida
    6  Statutes, is amended to read:
    7         163.340 Definitions.—The following terms, wherever used or
    8  referred to in this part, have the following meanings:
    9         (8) “Blighted area” means an area in which there are a
   10  substantial number of deteriorated, or deteriorating structures,
   11  in which conditions, as indicated by government-maintained
   12  statistics or other studies, are leading to economic distress or
   13  endanger life or property, and in which two or more of the
   14  following factors are present:
   15         (a) Predominance of defective or inadequate street layout,
   16  parking facilities, roadways, bridges, or public transportation
   17  facilities;
   18         (b) Aggregate assessed values of real property in the area
   19  for ad valorem tax purposes have failed to show any appreciable
   20  increase over the 5 years prior to the finding of such
   21  conditions;
   22         (c) Faulty lot layout in relation to size, adequacy,
   23  accessibility, or usefulness;
   24         (d) Unsanitary or unsafe conditions;
   25         (e) Deterioration of site or other improvements;
   26         (f) Inadequate and outdated building density patterns;
   27         (g) Falling lease rates per square foot of office,
   28  commercial, or industrial space compared to the remainder of the
   29  county or municipality;
   30         (h) Tax or special assessment delinquency exceeding the
   31  fair value of the land;
   32         (i) Residential and commercial vacancy rates higher in the
   33  area than in the remainder of the county or municipality;
   34         (j) Incidence of crime in the area higher than in the
   35  remainder of the county or municipality;
   36         (k) Fire and emergency medical service calls to the area
   37  proportionately higher than in the remainder of the county or
   38  municipality;
   39         (l) A greater number of violations of the Florida Building
   40  Code in the area than the number of violations recorded in the
   41  remainder of the county or municipality;
   42         (m) Diversity of ownership or defective or unusual
   43  conditions of title which prevent the free alienability of land
   44  within the deteriorated or hazardous area; or
   45         (n) Governmentally owned property with adverse
   46  environmental conditions caused by a public or private entity.
   47  
   48         However, the term “blighted area” also means any area in
   49  which at least one of the factors identified in paragraphs (a)
   50  through (n) are present and all taxing authorities subject to s.
   51  163.387(2)(a) agree, either by interlocal agreement or
   52  agreements with the agency or by resolution, that the area is
   53  blighted, or that the area was previously used as a military
   54  facility, is undeveloped, and consists of land that the Federal
   55  Government declared surplus within the preceding 20 years. Such
   56  agreement or resolution shall only determine only that the area
   57  is blighted. For purposes of qualifying for the tax credits
   58  authorized in chapter 220, “blighted area” means an area as
   59  defined in this subsection.
   60         Section 7. Paragraph (i) is added to subsection (2) of
   61  section 163.3202, Florida Statutes, to read:
   62         163.3202 Land development regulations.—
   63         (2) Local land development regulations shall contain
   64  specific and detailed provisions necessary or desirable to
   65  implement the adopted comprehensive plan and shall as a minimum:
   66         (i)Maintain the existing density of residential properties
   67  or recreational vehicle parks if the properties are intended for
   68  residential use and are located in unincorporated areas that
   69  have sufficient infrastructure, as determined by the local
   70  governing authority.
   71  
   72  ================= T I T L E  A M E N D M E N T ================
   73         And the title is amended as follows:
   74         Delete line 79
   75  and insert:
   76  amendments become effective; amending s. 163.340, F.S.;
   77  expanding the definition of the term "blighted area" to include
   78  land previously used as a military facility; amending s.
   79  163.3202, F.S.; requiring that local land development
   80  regulations maintain the existing density of residential
   81  properties or recreational vehicle parks under certain
   82  circumstances; amending s. 163.3217,