Bill Text: FL S1456 | 2024 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Counties Designated as Areas of Critical State Concern
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Passed) 2024-06-03 - Chapter No. 2024-219 [S1456 Detail]
Download: Florida-2024-S1456-Comm_Sub.html
Bill Title: Counties Designated as Areas of Critical State Concern
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Passed) 2024-06-03 - Chapter No. 2024-219 [S1456 Detail]
Download: Florida-2024-S1456-Comm_Sub.html
Florida Senate - 2024 CS for SB 1456 By the Committee on Community Affairs; and Senator Rodriguez 578-03043-24 20241456c1 1 A bill to be entitled 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; providing for distribution 23 of the transferred surplus; providing an effective 24 date. 25 26 Be It Enacted by the Legislature of the State of Florida: 27 28 Section 1. Paragraph (a) of subsection (9) of section 29 380.0552, Florida Statutes, is amended to read: 30 380.0552 Florida Keys Area; protection and designation as 31 area of critical state concern.— 32 (9) MODIFICATION TO PLANS AND REGULATIONS.— 33 (a) Any land development regulation or element of a local 34 comprehensive plan in the Florida Keys Area may be enacted, 35 amended, or rescinded by a local government, but the enactment, 36 amendment, or rescission becomes effective only upon approval by 37 the state land planning agency. The state land planning agency 38 shall review the proposed change to determine if it is in 39 compliance with the principles for guiding development specified 40 in chapter 27F-8, Florida Administrative Code, as amended 41 effective August 23, 1984, and must approve or reject the 42 requested changes within 60 days after receipt. Amendments to 43 local comprehensive plans in the Florida Keys Area must also be 44 reviewed for compliance with the following: 45 1. Construction schedules and detailed capital financing 46 plans for wastewater management improvements in the annually 47 adopted capital improvements element, and standards for the 48 construction of wastewater treatment and disposal facilities or 49 collection systems that meet or exceed the criteria in s. 50 403.086(11) for wastewater treatment and disposal facilities or 51 s. 381.0065(4)(l) for onsite sewage treatment and disposal 52 systems. 53 2. Goals, objectives, and policies to protect public safety 54 and welfare in the event of a natural disaster by maintaining a 55 hurricane evacuation clearance time for permanent residents of 56 no more than 24 hours. The hurricane evacuation clearance time 57 shall be determined by a hurricane evacuation study conducted in 58 accordance with a professionally accepted methodology and 59 approved by the state land planning agency. For purposes of 60 hurricane evacuation clearance time modeling: 61 a. Mobile home residents are not considered permanent 62 residents. 63 b. The Key West Area pursuant to chapter 28-36, Florida 64 Administrative Code, as amended, effective August 23, 1984, 65 shall be included in the hurricane evacuation study. 66 Section 2. Subsection (14) is added to section 380.0666, 67 Florida Statutes, to read: 68 380.0666 Powers of land authority.—The land authority shall 69 have all the powers necessary or convenient to carry out and 70 effectuate the purposes and provisions of this act, including 71 the following powers, which are in addition to all other powers 72 granted by other provisions of this act: 73 (14) For affordable housing homeownership units, to require 74 compliance with the income requirements under paragraph (3)(a) 75 at the time of conveyance each time a unit is conveyed. The 76 original land authority funding or contribution shall be 77 memorialized in a recordable perpetual deed restriction. If the 78 purchase receives state or federal funding and that state or 79 federal funding program requires a priority lien position over 80 the land authority deed restriction, the land authority funding 81 or contribution may be subordinate to a first purchase money 82 mortgage and the state or federal funding lien. 83 Section 3. Paragraph (g) of subsection (5) of section 84 420.9075, Florida Statutes, is amended to read: 85 420.9075 Local housing assistance plans; partnerships.— 86 (5) The following criteria apply to awards made to eligible 87 sponsors or eligible persons for the purpose of providing 88 eligible housing: 89 (g)1. All units constructed, rehabilitated, or otherwise 90 assisted with the funds provided from the local housing 91 assistance trust fund must be occupied by very-low-income 92 persons, low-income persons, and moderate-income persons except 93 as otherwise provided in this section. 94 2.a. At least 30 percent of the funds deposited into the 95 local housing assistance trust fund must be reserved for awards 96 to very-low-income persons or eligible sponsors who will serve 97 very-low-income persons, and at least an additional 30 percent 98 of the funds deposited into the local housing assistance trust 99 fund must be reserved for awards to low-income persons or 100 eligible sponsors who will serve low-income persons. 101 b. This subparagraph does not apply to a county or an 102 eligible municipality that includes or has included within the 103 previous 5 years an area of critical state concern designated by 104 the Legislature for which the Legislature has declared its 105 intent to provide affordable housing. This sub-subparagraph 106 expires on July 1, 2029, and applies retroactively. 107 Section 4. A county that has been designated as an area of 108 critical state concern by law or by action of the Administration 109 Commission pursuant to s. 380.05, Florida Statutes, and that 110 levies a tourist development tax pursuant to s. 125.0104, 111 Florida Statutes, and a tourist impact tax pursuant to s. 112 125.0108, Florida Statutes, may transfer its cumulative surplus 113 from such taxes incurred through September 30, 2024, for the 114 purpose of providing affordable housing as defined in s. 115 420.0004, Florida Statutes, for employees whose housing 116 opportunities are impacted by the operation of tourist-related 117 businesses in the county. Any housing financed with funds from 118 this surplus shall maintain its affordable housing status for a 119 period of no less than 99 years. The transferred surplus shall 120 be distributed pursuant to s. 125.0108(3), Florida Statutes. 121 Section 5. This act shall take effect July 1, 2024.