Florida Senate - 2019 COMMITTEE AMENDMENT
Bill No. CS for SB 1730
Ì611290|Î611290
LEGISLATIVE ACTION
Senate . House
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The Committee on Infrastructure and Security (Lee) recommended
the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 125.01055, Florida Statutes, is amended
6 to read:
7 125.01055 Affordable housing.—
8 (1) Notwithstanding any other provision of law, a county
9 may adopt and maintain in effect any law, ordinance, rule, or
10 other measure that is adopted for the purpose of increasing the
11 supply of affordable housing using land use mechanisms such as
12 inclusionary housing ordinances. An inclusionary housing
13 ordinance may require a developer to provide a specified number
14 or percentage of affordable housing units to be included in a
15 development or allow a developer to contribute to a housing fund
16 or other alternatives in lieu of building the affordable housing
17 units. However, in exchange, a county must provide incentives to
18 fully offset all costs to the developer of its affordable
19 housing contribution. Such incentives may include, but are not
20 limited to:
21 (a) Allowing the developer density or intensity bonus
22 incentives or more floor space than allowed under the current or
23 proposed future land use designation or zoning;
24 (b) Reducing or waiving fees, such as impact fees or water
25 and sewer charges; or
26 (c) Granting other incentives.
27 Section 2. Section 125.022, Florida Statutes, is amended to
28 read:
29 125.022 Development permits and orders.—
30 (1) Within 30 days after receiving an application for a
31 development permit or development order, a county must review
32 the application for completeness and issue a letter indicating
33 that all required information is submitted or specifying with
34 particularity any areas that are deficient. If deficient, the
35 applicant has 30 days to address the deficiencies by submitting
36 the required additional information. Within 120 days after the
37 county has deemed the application complete the county shall
38 approve, approve with conditions, or deny the application for a
39 development permit or development order. The time periods
40 contained in this section may be waived in writing by the
41 applicant. An approval, approval with conditions, or denial of
42 the application for a development permit or development order
43 must include written findings supporting the county’s decision.
44 (2)(1) When reviewing an application for a development
45 permit or development order that is certified by a professional
46 listed in s. 403.0877, a county may not request additional
47 information from the applicant more than three times, unless the
48 applicant waives the limitation in writing. Before a third
49 request for additional information, the applicant must be
50 offered a meeting to attempt to resolve outstanding issues.
51 Except as provided in subsection (5)(4), if the applicant
52 believes the request for additional information is not
53 authorized by ordinance, rule, statute, or other legal
54 authority, the county, at the applicant’s request, shall proceed
55 to process the application for approval or denial.
56 (3)(2) When a county denies an application for a
57 development permit or development order, the county shall give
58 written notice to the applicant. The notice must include a
59 citation to the applicable portions of an ordinance, rule,
60 statute, or other legal authority for the denial of the permit
61 or order.
62 (4)(3) As used in this section, the terms term “development
63 permit” and “development order” have has the same meaning as in
64 s. 163.3164, but do does not include building permits.
65 (5)(4) For any development permit application filed with
66 the county after July 1, 2012, a county may not require as a
67 condition of processing or issuing a development permit or
68 development order that an applicant obtain a permit or approval
69 from any state or federal agency unless the agency has issued a
70 final agency action that denies the federal or state permit
71 before the county action on the local development permit.
72 (6)(5) Issuance of a development permit or development
73 order by a county does not in any way create any rights on the
74 part of the applicant to obtain a permit from a state or federal
75 agency and does not create any liability on the part of the
76 county for issuance of the permit if the applicant fails to
77 obtain requisite approvals or fulfill the obligations imposed by
78 a state or federal agency or undertakes actions that result in a
79 violation of state or federal law. A county shall attach such a
80 disclaimer to the issuance of a development permit and shall
81 include a permit condition that all other applicable state or
82 federal permits be obtained before commencement of the
83 development.
84 (7)(6) This section does not prohibit a county from
85 providing information to an applicant regarding what other state
86 or federal permits may apply.
87 Section 3. Paragraph (i) of subsection (5) and paragraph
88 (h) of subsection (6) of section 163.3180, Florida Statutes, is
89 amended to read:
90 163.3180 Concurrency.—
91 (5)
92 (i) If a local government elects to repeal transportation
93 concurrency, it is encouraged to adopt an alternative mobility
94 funding system that uses one or more of the tools and techniques
95 identified in paragraph (f). Any alternative mobility funding
96 system adopted may not be used to deny, time, or phase an
97 application for site plan approval, plat approval, final
98 subdivision approval, building permits, or the functional
99 equivalent of such approvals provided that the developer agrees
100 to pay for the development’s identified transportation impacts
101 via the funding mechanism implemented by the local government.
102 The revenue from the funding mechanism used in the alternative
103 system must be used to implement the needs of the local
104 government’s plan which serves as the basis for the fee imposed.
105 A mobility fee-based funding system must comply with s.
106 163.31801 governing the dual rational nexus test applicable to
107 impact fees. An alternative system that is not mobility fee
108 based shall not be applied in a manner that imposes upon new
109 development any responsibility for funding an existing
110 transportation deficiency as defined in paragraph (h).
111 (6)
112 (h)1. In order to limit the liability of local governments,
113 a local government may allow a landowner to proceed with
114 development of a specific parcel of land notwithstanding a
115 failure of the development to satisfy school concurrency, if all
116 the following factors are shown to exist:
117 a. The proposed development would be consistent with the
118 future land use designation for the specific property and with
119 pertinent portions of the adopted local plan, as determined by
120 the local government.
121 b. The local government’s capital improvements element and
122 the school board’s educational facilities plan provide for
123 school facilities adequate to serve the proposed development,
124 and the local government or school board has not implemented
125 that element or the project includes a plan that demonstrates
126 that the capital facilities needed as a result of the project
127 can be reasonably provided.
128 c. The local government and school board have provided a
129 means by which the landowner will be assessed a proportionate
130 share of the cost of providing the school facilities necessary
131 to serve the proposed development.
132 2. If a local government applies school concurrency, it may
133 not deny an application for site plan, final subdivision
134 approval, or the functional equivalent for a development or
135 phase of a development authorizing residential development for
136 failure to achieve and maintain the level-of-service standard
137 for public school capacity in a local school concurrency
138 management system where adequate school facilities will be in
139 place or under actual construction within 3 years after the
140 issuance of final subdivision or site plan approval, or the
141 functional equivalent. School concurrency is satisfied if the
142 developer executes a legally binding commitment to provide
143 mitigation proportionate to the demand for public school
144 facilities to be created by actual development of the property,
145 including, but not limited to, the options described in sub
146 subparagraph a. Options for proportionate-share mitigation of
147 impacts on public school facilities must be established in the
148 comprehensive plan and the interlocal agreement pursuant to s.
149 163.31777.
150 a. Appropriate mitigation options include the contribution
151 of land; the construction, expansion, or payment for land
152 acquisition or construction of a public school facility; the
153 construction of a charter school that complies with the
154 requirements of s. 1002.33(18); or the creation of mitigation
155 banking based on the construction of a public school facility in
156 exchange for the right to sell capacity credits. Such options
157 must include execution by the applicant and the local government
158 of a development agreement that constitutes a legally binding
159 commitment to pay proportionate-share mitigation for the
160 additional residential units approved by the local government in
161 a development order and actually developed on the property,
162 taking into account residential density allowed on the property
163 prior to the plan amendment that increased the overall
164 residential density. The district school board must be a party
165 to such an agreement. As a condition of its entry into such a
166 development agreement, the local government may require the
167 landowner to agree to continuing renewal of the agreement upon
168 its expiration.
169 b. If the interlocal agreement and the local government
170 comprehensive plan authorize a contribution of land; the
171 construction, expansion, or payment for land acquisition; the
172 construction or expansion of a public school facility, or a
173 portion thereof; or the construction of a charter school that
174 complies with the requirements of s. 1002.33(18), as
175 proportionate-share mitigation, the local government shall
176 credit such a contribution, construction, expansion, or payment
177 toward any other impact fee or exaction imposed by local
178 ordinance for public educational facilities the same need, on a
179 dollar-for-dollar basis at fair market value. The credit must be
180 based on the total impact fee assessed and not upon the impact
181 fee for any particular type of school.
182 c. Any proportionate-share mitigation must be directed by
183 the school board toward a school capacity improvement identified
184 in the 5-year school board educational facilities plan that
185 satisfies the demands created by the development in accordance
186 with a binding developer’s agreement.
187 3. This paragraph does not limit the authority of a local
188 government to deny a development permit or its functional
189 equivalent pursuant to its home rule regulatory powers, except
190 as provided in this part.
191 Section 4. Section 163.31801, Florida Statutes, is amended
192 to read:
193 163.31801 Impact fees; short title; intent; minimum
194 requirements; audits; challenges definitions; ordinances levying
195 impact fees.—
196 (1) This section may be cited as the “Florida Impact Fee
197 Act.”
198 (2) The Legislature finds that impact fees are an important
199 source of revenue for a local government to use in funding the
200 infrastructure necessitated by new growth. The Legislature
201 further finds that impact fees are an outgrowth of the home rule
202 power of a local government to provide certain services within
203 its jurisdiction. Due to the growth of impact fee collections
204 and local governments’ reliance on impact fees, it is the intent
205 of the Legislature to ensure that, when a county or municipality
206 adopts an impact fee by ordinance or a special district adopts
207 an impact fee by resolution, the governing authority complies
208 with this section.
209 (3) At a minimum, an impact fee adopted by ordinance of a
210 county or municipality or by resolution of a special district
211 must satisfy all of the following conditions, at minimum:
212 (a) Require that The calculation of the impact fee must be
213 based on the most recent and localized data.
214 (b) The local government must provide for accounting and
215 reporting of impact fee collections and expenditures. If a local
216 governmental entity imposes an impact fee to address its
217 infrastructure needs, the entity must shall account for the
218 revenues and expenditures of such impact fee in a separate
219 accounting fund.
220 (c) Limit Administrative charges for the collection of
221 impact fees must be limited to actual costs.
222 (d) The local government must provide Require that notice
223 not be provided no less than 90 days before the effective date
224 of an ordinance or resolution imposing a new or increased impact
225 fee. A county or municipality is not required to wait 90 days to
226 decrease, suspend, or eliminate an impact fee.
227 (e) Collection of the impact fee may not be required to
228 occur earlier than the date of issuance of the building permit
229 for the property that is subject to the fee.
230 (f) The impact fee must be proportional and reasonably
231 connected to, or have a rational nexus with, the need for
232 additional capital facilities and the increased impact generated
233 by the new residential or commercial construction.
234 (g) The impact fee must be proportional and reasonably
235 connected to, or have a rational nexus with, the expenditures of
236 the funds collected and the benefits accruing to the new
237 residential or nonresidential construction.
238 (h) The local government must specifically earmark funds
239 collected under the impact fee for use in acquiring,
240 constructing, or improving capital facilities to benefit new
241 users.
242 (i) Revenues generated by the impact fee may not be used,
243 in whole or in part, to pay existing debt or for previously
244 approved projects unless the expenditure is reasonably connected
245 to, or has a rational nexus with, the increased impact generated
246 by the new residential or nonresidential construction.
247 (4) The local government must credit against the
248 collection of the impact fee any contribution, whether
249 identified in a proportionate share agreement or other form of
250 exaction, related to public education facilities, including land
251 dedication, site planning and design, or construction. Any
252 contribution must be applied to reduce impact fees on a dollar
253 for-dollar basis at fair market value.
254 (5) If a local government increases its impact fee rates,
255 then the holder of any impact fee credits, whether such credits
256 are granted under s. 163.3180, s. 380.06, or otherwise, which
257 were in existence prior to the increase, is entitled to a
258 proportionate increase in the credit balance.
259 (6)(4) Audits of financial statements of local governmental
260 entities and district school boards which are performed by a
261 certified public accountant pursuant to s. 218.39 and submitted
262 to the Auditor General must include an affidavit signed by the
263 chief financial officer of the local governmental entity or
264 district school board stating that the local governmental entity
265 or district school board has complied with this section.
266 (7)(5) In any action challenging an impact fee or the
267 government’s failure to provide required dollar-for-dollar
268 credits for the payment of impact fees as provided in s.
269 163.3180(6)(h)2.b, the government has the burden of proving by a
270 preponderance of the evidence that the imposition or amount of
271 the fee or credit meets the requirements of state legal
272 precedent or and this section. The court may not use a
273 deferential standard for the benefit of the government.
274 (8) A county, municipality, or special district may
275 provide an exception or waiver for an impact fee for the
276 development or construction of housing that is affordable, as
277 defined in s. 420.9071. If a county, municipality, or special
278 district provides such an exception or waiver, it is not
279 required to use any revenues to offset the impact.
280 Section 5. Section 166.033, Florida Statutes, is amended to
281 read:
282 166.033 Development permits and orders.—
283 (1) Within 30 days after receiving an application for
284 approval of a development permit or development order, a
285 municipality must review the application for completeness and
286 issue a letter indicating that all required information is
287 submitted or specifying with particularity any areas that are
288 deficient. If deficient, the applicant has 30 days to address
289 the deficiencies by submitting the required additional
290 information. Within 120 days after the municipality has deemed
291 the application complete the municipality must approve, approve
292 with conditions, or deny the application for a development
293 permit or development order. The time periods contained in this
294 subsection may be waived in writing by the applicant. An
295 approval, approval with conditions, or denial of the application
296 for a development permit or development order must include
297 written findings supporting the county’s decision.
298 (2)(1) When reviewing an application for a development
299 permit or development order that is certified by a professional
300 listed in s. 403.0877, a municipality may not request additional
301 information from the applicant more than three times, unless the
302 applicant waives the limitation in writing. Before a third
303 request for additional information, the applicant must be
304 offered a meeting to attempt to resolve outstanding issues.
305 Except as provided in subsection (5)(4), if the applicant
306 believes the request for additional information is not
307 authorized by ordinance, rule, statute, or other legal
308 authority, the municipality, at the applicant’s request, shall
309 proceed to process the application for approval or denial.
310 (3)(2) When a municipality denies an application for a
311 development permit or development order, the municipality shall
312 give written notice to the applicant. The notice must include a
313 citation to the applicable portions of an ordinance, rule,
314 statute, or other legal authority for the denial of the permit
315 or order.
316 (4)(3) As used in this section, the terms term “development
317 permit” and “development order” have has the same meaning as in
318 s. 163.3164, but do does not include building permits.
319 (5)(4) For any development permit application filed with
320 the municipality after July 1, 2012, a municipality may not
321 require as a condition of processing or issuing a development
322 permit or development order that an applicant obtain a permit or
323 approval from any state or federal agency unless the agency has
324 issued a final agency action that denies the federal or state
325 permit before the municipal action on the local development
326 permit.
327 (6)(5) Issuance of a development permit or development
328 order by a municipality does not in any way create any right on
329 the part of an applicant to obtain a permit from a state or
330 federal agency and does not create any liability on the part of
331 the municipality for issuance of the permit if the applicant
332 fails to obtain requisite approvals or fulfill the obligations
333 imposed by a state or federal agency or undertakes actions that
334 result in a violation of state or federal law. A municipality
335 shall attach such a disclaimer to the issuance of development
336 permits and shall include a permit condition that all other
337 applicable state or federal permits be obtained before
338 commencement of the development.
339 (7)(6) This section does not prohibit a municipality from
340 providing information to an applicant regarding what other state
341 or federal permits may apply.
342 Section 6. Section 166.04151, Florida Statutes, is amended
343 to read:
344 166.04151 Affordable housing.—
345 (1) Notwithstanding any other provision of law, a
346 municipality may adopt and maintain in effect any law,
347 ordinance, rule, or other measure that is adopted for the
348 purpose of increasing the supply of affordable housing using
349 land use mechanisms such as inclusionary housing ordinances. An
350 inclusionary housing ordinance may require a developer to
351 provide a specified number or percentage of affordable housing
352 units to be included in a development or allow a developer to
353 contribute to a housing fund or other alternatives in lieu of
354 building the affordable housing units. However, in exchange, a
355 municipality must provide incentives to fully offset all costs
356 to the developer of its affordable housing contribution. Such
357 incentives may include, but are not limited to:
358 (a) Allowing the developer density or intensity bonus
359 incentives or more floor space than allowed under the current or
360 proposed future land use designation or zoning;
361 (b) Reducing or waiving fees, such as impact fees or water
362 and sewer charges; or
363 (c) Granting other incentives.
364 Section 7. Subsection (24) of section 494.001, Florida
365 Statues, is amended to read:
366 494.001 Definitions.—As used in this chapter, the term:
367 (24) “Mortgage loan” means any:
368 (a) Residential loan that primarily for personal, family,
369 or household use which is secured by a mortgage, deed of trust,
370 or other equivalent consensual security interest on a dwelling,
371 as defined in s. 103(w) s. 103(v) of the federal Truth in
372 Lending Act, or for the purchase of residential real estate upon
373 which a dwelling is to be constructed;
374 (b) Loan on commercial real property if the borrower is an
375 individual or the lender is a noninstitutional investor; or
376 (c) Loan on improved real property consisting of five or
377 more dwelling units if the borrower is an individual or the
378 lender is a noninstitutional investor.
379 Section 8. This act shall take effect upon becoming law.
380
381 ================= T I T L E A M E N D M E N T ================
382 And the title is amended as follows:
383 Delete everything before the enacting clause
384 and insert:
385 A bill to be entitled
386 An act relating to community development and housing;
387 amending s. 125.01055, F.S.; authorizing an
388 inclusionary housing ordinance to require a developer
389 to provide certain affordable housing units to be
390 included in a development or allow a developer to
391 contribute to a housing fund or other alternatives;
392 requiring a county to provide certain incentives to
393 fully offset all costs to the developer of its
394 affordable housing contribution; amending s. 125.022,
395 F.S.; requiring that a county review the application
396 for completeness and issue a certain letter within a
397 specified period after receiving an application for
398 approval of a development permit or development order;
399 providing procedures for addressing deficiencies in,
400 and for approving or denying, the application;
401 conforming provisions to changes made by the act;
402 defining the term “development order”; amending s.
403 163.3180, F.S.; requiring a local government to credit
404 certain contributions, constructions, expansions, or
405 payments toward any other impact fee or exaction
406 imposed by local ordinance for public educational
407 facilities; providing requirements for the basis of
408 the credit; amending s. 163.31801, F.S.; adding
409 minimum conditions that certain impact fees must
410 satisfy; requiring that, under certain circumstances,
411 a holder of certain impact fee or mobility fee credits
412 receive the full value of the credits as of the date
413 they were first established based on the impact fee or
414 mobility fee rate that was in effect on such date;
415 providing that the government, in certain actions, has
416 the burden of proving by a preponderance of the
417 evidence that the imposition or amount of impact fees
418 or required dollar-for-dollar credits for the payment
419 of impact fees meets certain requirements; prohibiting
420 the court from using a deferential standard for the
421 benefit of the government; providing applicability;
422 authorizing a county, municipality, or special
423 district to provide an exception or waiver for an
424 impact fee for the development or construction of
425 housing that is affordable; providing that if a
426 county, municipality, or special district provides
427 such an exception or waiver, it is not required to use
428 any revenues to offset the impact; amending s.
429 166.033, F.S.; requiring that a municipality review
430 the application for completeness and issue a certain
431 letter within a specified period after receiving an
432 application for approval of a development permit or
433 development order; providing procedures for addressing
434 deficiencies in, and for approving or denying, the
435 application; conforming provisions to changes made by
436 the act; defining the term “development order”;
437 amending s. 166.04151, F.S.; authorizing an
438 inclusionary housing ordinance to require a developer
439 to provide certain affordable housing units to be
440 included in a development or allow a developer to
441 contribute to a housing fund or other alternatives;
442 requiring a county to provide certain incentives to
443 fully offset all costs to the developer of its
444 affordable housing contribution; amending s. 494.001,
445 F.S.; revising the definition of the term “mortgage
446 loan”; providing an effective date.