ENROLLED
       2024 Legislature                           CS for CS for SB 1456
       
       
       
       
       
       
                                                             20241456er
    1  
    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; requiring that the
   23         expenditure of certain funds be subject to approval by
   24         a majority vote of the board of county commissioners
   25         of an eligible county; defining the term “accumulated
   26         surplus”; providing an effective date.
   27          
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. Paragraph (a) of subsection (9) of section
   31  380.0552, Florida Statutes, is amended to read:
   32         380.0552 Florida Keys Area; protection and designation as
   33  area of critical state concern.—
   34         (9) MODIFICATION TO PLANS AND REGULATIONS.—
   35         (a) Any land development regulation or element of a local
   36  comprehensive plan in the Florida Keys Area may be enacted,
   37  amended, or rescinded by a local government, but the enactment,
   38  amendment, or rescission becomes effective only upon approval by
   39  the state land planning agency. The state land planning agency
   40  shall review the proposed change to determine if it is in
   41  compliance with the principles for guiding development specified
   42  in chapter 27F-8, Florida Administrative Code, as amended
   43  effective August 23, 1984, and must approve or reject the
   44  requested changes within 60 days after receipt. Amendments to
   45  local comprehensive plans in the Florida Keys Area must also be
   46  reviewed for compliance with the following:
   47         1. Construction schedules and detailed capital financing
   48  plans for wastewater management improvements in the annually
   49  adopted capital improvements element, and standards for the
   50  construction of wastewater treatment and disposal facilities or
   51  collection systems that meet or exceed the criteria in s.
   52  403.086(11) for wastewater treatment and disposal facilities or
   53  s. 381.0065(4)(l) for onsite sewage treatment and disposal
   54  systems.
   55  2. Goals, objectives, and policies to protect public safety and
   56  welfare in the event of a natural disaster by maintaining a
   57  hurricane evacuation clearance time for permanent residents of
   58  no more than 24 hours. The hurricane evacuation clearance time
   59  shall be determined by a hurricane evacuation study conducted in
   60  accordance with a professionally accepted methodology and
   61  approved by the state land planning agency. For purposes of
   62  hurricane evacuation clearance time:
   63         a.Mobile home residents are not considered permanent
   64  residents.
   65         b.The City of Key West Area of Critical State Concern
   66  established by chapter 28-36, Florida Administrative Code, shall
   67  be included in the hurricane evacuation study and is subject to
   68  the evacuation requirements of this subsection.
   69         Section 2. Subsection (14) is added to section 380.0666,
   70  Florida Statutes, to read:
   71         380.0666 Powers of land authority.—The land authority shall
   72  have all the powers necessary or convenient to carry out and
   73  effectuate the purposes and provisions of this act, including
   74  the following powers, which are in addition to all other powers
   75  granted by other provisions of this act:
   76         (14)For affordable housing homeownership units, to require
   77  compliance with the income requirements under paragraph (3)(a)
   78  at the time of conveyance each time a unit is conveyed. The
   79  original land authority funding or contribution shall be
   80  memorialized in a recordable perpetual deed restriction. If the
   81  purchase receives state or federal funding and that state or
   82  federal funding program requires a priority lien position over
   83  the land authority deed restriction, the land authority funding
   84  or contribution may be subordinate to a first purchase money
   85  mortgage and the state or federal funding lien.
   86         Section 3. Paragraph (g) of subsection (5) of section
   87  420.9075, Florida Statutes, is amended to read:
   88         420.9075 Local housing assistance plans; partnerships.—
   89         (5) The following criteria apply to awards made to eligible
   90  sponsors or eligible persons for the purpose of providing
   91  eligible housing:
   92         (g)1. All units constructed, rehabilitated, or otherwise
   93  assisted with the funds provided from the local housing
   94  assistance trust fund must be occupied by very-low-income
   95  persons, low-income persons, and moderate-income persons except
   96  as otherwise provided in this section.
   97         2.a. At least 30 percent of the funds deposited into the
   98  local housing assistance trust fund must be reserved for awards
   99  to very-low-income persons or eligible sponsors who will serve
  100  very-low-income persons, and at least an additional 30 percent
  101  of the funds deposited into the local housing assistance trust
  102  fund must be reserved for awards to low-income persons or
  103  eligible sponsors who will serve low-income persons.
  104         b.This subparagraph does not apply to a county or an
  105  eligible municipality that includes or has included within the
  106  previous 5 years an area of critical state concern designated by
  107  the Legislature for which the Legislature has declared its
  108  intent to provide affordable housing. This sub-subparagraph
  109  expires on July 1, 2029, and applies retroactively.
  110         Section 4. (1)A county that has been designated as an area
  111  of critical state concern by law or by action of the
  112  Administration Commission pursuant to s. 380.05, Florida
  113  Statutes, and that levies a tourist development tax pursuant to
  114  s. 125.0104, Florida Statutes, and a tourist impact tax pursuant
  115  to s. 125.0108, Florida Statutes, may use any accumulated
  116  surplus from such taxes collected through September 30, 2024,
  117  not to exceed $35 million, whether held by the county directly
  118  or by a land authority in the county created pursuant to s.
  119  380.0663, Florida Statutes, for the purpose of providing housing
  120  that is:
  121         (a)Affordable, as defined in s. 420.0004, Florida
  122  Statutes; and
  123         (b)Available to employees of private sector tourism
  124  related businesses in the county.
  125         (2)Any housing financed with funds from the surplus
  126  described in subsection (1) may be used only to provide housing
  127  that is affordable, as defined in s. 420.0004, Florida Statutes,
  128  for a period of no less than 99 years.
  129         (3)Expenditure of such funds is subject to approval by a
  130  majority vote of the board of county commissioners for any such
  131  county designated as an area of critical state concern.
  132         (4)For purposes of this section, the term “accumulated
  133  surplus” means the accumulated excess of revenue over
  134  expenditure from prior years which has not been set aside for a
  135  specific purpose.
  136         Section 5. This act shall take effect July 1, 2024.