Bill Amendment: FL S0328 | 2024 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

---

Bill Title: Affordable Housing

Status: 2024-05-17 - Chapter No. 2024-188, companion bill(s) passed, see CS/HB 7073 (Ch. 2024-158) [S0328 Detail]

Download: Florida-2024-S0328-Senate_Committee_Amendment_371658_to_Amendment_477146_.html

---

       Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 328
       
       
       
       
       
       
                                Ì371658JÎ371658                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Community Affairs (Osgood) recommended the
       following:
       
    1         Senate Amendment to Amendment (477146) (with title
    2  amendment)
    3  
    4         Delete lines 6 - 183
    5  and insert:
    6         Section 1. Subsection (7) of section 125.01055, Florida
    7  Statutes, is amended, and subsection (8) is added to that
    8  section, to read:
    9         125.01055 Affordable housing.—
   10         (7)(a) A county must authorize multifamily and mixed-use
   11  residential as allowable uses in any area zoned for commercial,
   12  industrial, or mixed use if at least 40 percent of the
   13  residential units in a proposed multifamily rental development
   14  are rental units that, for a period of at least 30 years, are
   15  affordable as defined in s. 420.0004. Notwithstanding any other
   16  law, local ordinance, or regulation to the contrary, a county
   17  may not require a proposed multifamily development to obtain a
   18  zoning or land use change, special exception, conditional use
   19  approval, variance, or comprehensive plan amendment for the
   20  building height, zoning, and densities authorized under this
   21  subsection. For mixed-use residential projects, at least 65
   22  percent of the total square footage must be used for residential
   23  purposes.
   24         (b) A county may not restrict the density or floor area
   25  ratio of a proposed development authorized under this subsection
   26  below the highest currently allowed density or floor area ratio
   27  on any unincorporated land in the county where residential
   28  development is allowed under the county’s land development
   29  regulations. The currently allowed density or floor area ratio
   30  does not include the density or floor area ratio of any
   31  development that meets the requirements of this subsection or
   32  any bonus, variance, or other special exception for density or
   33  floor area ratio provided in the county’s land development
   34  regulations as an incentive for development.
   35         (c) A county may not restrict the height of a proposed
   36  development authorized under this subsection below the highest
   37  currently allowed height for a commercial or residential
   38  building development located in its jurisdiction within one
   39  quarter 1 mile of the proposed development or 3 stories,
   40  whichever is higher. If the height of each building on property
   41  adjacent to the proposed development is 3 stories or less, the
   42  county may restrict the height of the proposed development to
   43  135 percent of the tallest building on property adjacent to the
   44  proposed development or 3 stories, whichever is higher. The
   45  currently allowed height does not include the height of any
   46  development that meets the requirements of this subsection or
   47  any bonus, variance, or other special exception for height
   48  provided in the county’s land development regulations as an
   49  incentive for development.
   50         (d) A proposed development authorized under this subsection
   51  must be administratively approved and no further action by the
   52  board of county commissioners is required if the development
   53  satisfies the county’s land development regulations for
   54  multifamily developments in areas zoned for such use and is
   55  otherwise consistent with the comprehensive plan, with the
   56  exception of provisions establishing allowable densities,
   57  height, and land use. Such land development regulations include,
   58  but are not limited to, regulations relating to setbacks and
   59  parking requirements. A proposed development located within one
   60  quarter mile of a military installation identified in s.
   61  163.3175(2) may not be administratively approved. Each county
   62  shall maintain on its website a policy containing procedures and
   63  expectations for administrative approval pursuant to this
   64  subsection.
   65         (e)1. A county must consider reducing parking requirements
   66  for a proposed development authorized under this subsection if
   67  the development is located within one-quarter one-half mile of a
   68  major transit stop, as defined in the county’s land development
   69  code, and the major transit stop is accessible from the
   70  development.
   71         2. A county must reduce parking requirements for a proposed
   72  development authorized under this subsection if the development
   73  is located within one-half mile of a major transportation hub
   74  that is accessible from the development by safe, pedestrian
   75  friendly means, such as sidewalks, crosswalks, elevated
   76  pedestrian or bike paths, or other multimodal design features.
   77         3. A county must eliminate parking requirements for a
   78  proposed mixed-use residential development authorized under this
   79  subsection within an area recognized by the county as a transit
   80  oriented development or area, as provided in paragraph (g).
   81         4. For purposes of this paragraph, the term “major
   82  transportation hub” means any transit station, whether bus,
   83  train, or light rail, which is served by public transit with a
   84  mix of other transportation options.
   85         (f) For proposed multifamily developments in an
   86  unincorporated area zoned for commercial or industrial use which
   87  is within the boundaries of a multicounty independent special
   88  district that was created to provide municipal services and is
   89  not authorized to levy ad valorem taxes, and less than 20
   90  percent of the land area within such district is designated for
   91  commercial or industrial use, a county must authorize, as
   92  provided in this subsection, such development only if the
   93  development is mixed-use residential.
   94         (g) A development authorized under this section which is
   95  located within a transit-oriented development or area, as
   96  recognized by the county, must be mixed-use residential and
   97  otherwise comply with requirements of the county’s regulations
   98  applicable to the transit-oriented development or area except
   99  for use, height, density, and floor area ratio as provided in
  100  this section or as otherwise agreed to by the county and the
  101  applicant for the development.
  102         (h) Except as otherwise provided in this subsection, a
  103  development authorized under this subsection must comply with
  104  all applicable state and local laws and regulations.
  105         (i)(h) This subsection does not apply to airport-impacted
  106  areas as provided in s. 333.03 property defined as recreational
  107  and commercial working waterfront in s. 342.201(2)(b) in any
  108  area zoned as industrial.
  109         (j)(i) This subsection expires October 1, 2033.
  110         (8) Any development authorized under paragraph (7)(a) must
  111  be treated as a conforming use even after the expiration of
  112  subsection (7) and the development’s affordability period as
  113  provided in paragraph (7)(a), notwithstanding the county’s
  114  comprehensive plan, future land use designation, or zoning. If
  115  at any point during the development’s affordability period the
  116  development violates the affordability period requirement
  117  provided in paragraph (7)(a), the development must be allowed a
  118  reasonable time to cure such violation. If the violation is not
  119  cured within a reasonable time, the development must be treated
  120  as a nonconforming use.
  121         Section 2. Subsection (7) of section 166.04151, Florida
  122  Statutes, is amended, and subsection (8) is added to that
  123  section, to read:
  124         166.04151 Affordable housing.—
  125         (7)(a) A municipality must authorize multifamily and mixed
  126  use residential as allowable uses in any area zoned for
  127  commercial, industrial, or mixed use if at least 40 percent of
  128  the residential units in a proposed multifamily rental
  129  development are rental units that, for a period of at least 30
  130  years, are affordable as defined in s. 420.0004. Notwithstanding
  131  any other law, local ordinance, or regulation to the contrary, a
  132  municipality may not require a proposed multifamily development
  133  to obtain a zoning or land use change, special exception,
  134  conditional use approval, variance, or comprehensive plan
  135  amendment for the building height, zoning, and densities
  136  authorized under this subsection. For mixed-use residential
  137  projects, at least 65 percent of the total square footage must
  138  be used for residential purposes.
  139         (b) A municipality may not restrict the density or floor
  140  area ratio of a proposed development authorized under this
  141  subsection below the highest currently allowed density or floor
  142  area ratio on any land in the municipality where residential
  143  development is allowed under the municipality’s land development
  144  regulations. The currently allowed density or floor area ratio
  145  does not include the density or floor area ratio of any
  146  development that meets the requirements of this subsection or
  147  any bonus, variance, or other special exception for density or
  148  floor area ratio provided in the municipality’s land development
  149  regulations as an incentive for development.
  150         (c) A municipality may not restrict the height of a
  151  proposed development authorized under this subsection below the
  152  highest currently allowed height for a commercial or residential
  153  building development located in its jurisdiction within one
  154  quarter 1 mile of the proposed development or 3 stories,
  155  whichever is higher. If the height of each building on property
  156  adjacent to the proposed development is 3 stories or less, the
  157  municipality may restrict the height to 135 percent of the
  158  tallest building on property adjacent to the proposed
  159  development or 3 stories, whichever is higher. The currently
  160  allowed height does not include the height of any development
  161  that meets the requirements of this subsection or any bonus,
  162  variance, or other special exception for height provided in the
  163  municipality’s land development regulations as an incentive for
  164  development.
  165         (d) A proposed development authorized under this subsection
  166  must be administratively approved and no further action by the
  167  governing body of the municipality is required if the
  168  development satisfies the municipality’s land development
  169  regulations for multifamily developments in areas zoned for such
  170  use and is otherwise consistent with the comprehensive plan,
  171  with the exception of provisions establishing allowable
  172  densities, height, and land use. Such land development
  173  regulations include, but are not limited to, regulations
  174  relating to setbacks and parking requirements. A proposed
  175  development located within one-quarter mile of a military
  176  installation identified in s. 163.3175(2) may not be
  177  administratively approved. Each municipality shall maintain on
  178  its website a policy containing procedures and expectations for
  179  administrative approval pursuant to this subsection.
  180         (e)1. A municipality must consider reducing parking
  181  requirements for a proposed development authorized under this
  182  subsection if the development is located within one-quarter one
  183  half mile of a major transit stop, as defined in the
  184  municipality’s land development code, and the major transit stop
  185  is accessible from the development.
  186         2. A municipality must reduce parking requirements for a
  187  proposed development authorized under this subsection if the
  188  development is located within one-half mile of a major
  189  transportation hub that is accessible from the development by
  190  safe, pedestrian-friendly means, such as sidewalks, crosswalks,
  191  elevated pedestrian or bike paths, or other multimodal design
  192  features.
  193         3. A municipality must eliminate parking requirements for a
  194  proposed mixed-use residential development authorized under this
  195  subsection within an area recognized by the municipality as a
  196  transit-oriented development or area, as provided in paragraph
  197  (g).
  198         4. For purposes of this paragraph, the term “major
  199  transportation hub” means any transit station, whether bus,
  200  train, or light rail, which is served by public transit with a
  201  mix of other transportation options.
  202         (f) A municipality that designates less than 20 percent of
  203  the land area within its jurisdiction for commercial or
  204  industrial use must authorize a proposed multifamily development
  205  as provided in this subsection in areas zoned for commercial or
  206  industrial use only if the proposed multifamily development is
  207  mixed-use residential.
  208         (g) A development authorized under this section which is
  209  located within a transit-oriented development or area, as
  210  recognized by the municipality, must be mixed-use residential
  211  and otherwise comply with requirements of the municipality’s
  212  regulations applicable to the transit-oriented development or
  213  area except for use, height, density, and floor area ratio as
  214  provided in this section or as otherwise agreed to by the
  215  municipality and the applicant for the development.
  216         (h) Except as otherwise provided in this subsection, a
  217  development authorized under this subsection must comply with
  218  all applicable state and local laws and regulations.
  219         (i)(h) This subsection does not apply to airport-impacted
  220  areas as provided in s. 333.03 property defined as recreational
  221  and commercial working waterfront in s. 342.201(2)(b) in any
  222  area zoned as industrial.
  223         (j)(i) This subsection expires October 1, 2033.
  224  
  225  ================= T I T L E  A M E N D M E N T ================
  226  And the title is amended as follows:
  227         Delete line 539
  228  and insert:
  229         websites; requiring counties and municipalities,
  230         respectively, to consider reducing parking
  231         requirements under certain circumstances; requiring
  232         counties and municipalities, respectively, to reduce
  233         or eliminate parking requirements for certain proposed
  234         mixed-use developments that meet certain requirements;
  235         defining the term “major transportation hub”;
  236         providing certain requirements for developments
  237         located within a transit-oriented development or area;
  238         making technical changes; providing