Bill Text: FL S1730 | 2019 | Regular Session | Comm Sub
Bill Title: Community Development and Housing
Spectrum: Slight Partisan Bill (? 3-1)
Status: (Introduced - Dead) 2019-05-02 - Laid on Table, companion bill(s) passed, see CS/HB 207 (Ch. 2019-106), CS/CS/HB 7103 (Ch. 2019-165) [S1730 Detail]
Download: Florida-2019-S1730-Comm_Sub.html
Florida Senate - 2019 CS for CS for CS for SB 1730 By the Committees on Rules; Infrastructure and Security; and Community Affairs; and Senator Lee 595-04848-19 20191730c3 1 A bill to be entitled 2 An act relating to community development and housing; 3 amending s. 125.01055, F.S.; authorizing an 4 inclusionary housing ordinance to require a developer 5 to provide a specified number or percentage of 6 affordable housing units to be included in a 7 development or allow a developer to contribute to a 8 housing fund or other alternatives; requiring a county 9 to provide certain incentives to fully offset all 10 costs to the developer of its affordable housing 11 contribution; amending s. 125.022, F.S.; requiring 12 that a county review the application for completeness 13 and issue a certain letter within a specified period 14 after receiving an application for approval of a 15 development permit or development order; providing 16 procedures for addressing deficiencies in, and for 17 approving or denying, the application; conforming 18 provisions to changes made by the act; defining the 19 term “development order”; amending s. 163.3167, F.S.; 20 providing requirements for a comprehensive plan 21 adopted after a specified date and all land 22 development regulations adopted to implement the 23 comprehensive plan; amending s. 163.3180, F.S.; 24 revising compliance requirements for a mobility fee 25 based funding system; requiring a local government to 26 credit certain contributions, constructions, 27 expansions, or payments toward any other impact fee or 28 exaction imposed by local ordinance for public 29 educational facilities; providing requirements for the 30 basis of the credit; amending s. 163.31801, F.S.; 31 adding minimum conditions that certain impact fees 32 must satisfy; requiring a local government to credit 33 against the collection of an impact fee any 34 contribution related to public education facilities, 35 subject to certain requirements; requiring the holder 36 of certain impact fee credits to be entitled to a 37 proportionate increase in the credit balance if a 38 local government increases its impact fee rates; 39 providing that the government, in certain actions, has 40 the burden of proving by a preponderance of the 41 evidence that the imposition or amount of certain 42 required dollar-for-dollar credits for the payment of 43 impact fees meets certain requirements; prohibiting 44 the court from using a deferential standard for the 45 benefit of the government; authorizing a county, 46 municipality, or special district to provide an 47 exception or waiver for an impact fee for the 48 development or construction of housing that is 49 affordable; providing that if a county, municipality, 50 or special district provides such an exception or 51 waiver, it is not required to use any revenues to 52 offset the impact; providing applicability; amending 53 s. 163.3202, F.S.; requiring local land development 54 regulations to incorporate certain preexisting 55 development orders; amending s. 166.033, F.S.; 56 requiring that a municipality review the application 57 for completeness and issue a certain letter within a 58 specified period after receiving an application for 59 approval of a development permit or development order; 60 providing procedures for addressing deficiencies in, 61 and for approving or denying, the application; 62 conforming provisions to changes made by the act; 63 defining the term “development order”; amending s. 64 166.04151, F.S.; authorizing an inclusionary housing 65 ordinance to require a developer to provide a 66 specified number or percentage of affordable housing 67 units to be included in a development or allow a 68 developer to contribute to a housing fund or other 69 alternatives; requiring a municipality to provide 70 certain incentives to fully offset all costs to the 71 developer of its affordable housing contribution; 72 amending s. 494.001, F.S.; revising the definition of 73 the term “mortgage loan”; providing an effective date. 74 75 Be It Enacted by the Legislature of the State of Florida: 76 77 Section 1. Section 125.01055, Florida Statutes, is amended 78 to read: 79 125.01055 Affordable housing.— 80 (1) Notwithstanding any other provision of law, a county 81 may adopt and maintain in effect any law, ordinance, rule, or 82 other measure that is adopted for the purpose of increasing the 83 supply of affordable housing using land use mechanisms such as 84 inclusionary housing ordinances. 85 (2) An inclusionary housing ordinance may require a 86 developer to provide a specified number or percentage of 87 affordable housing units to be included in a development or 88 allow a developer to contribute to a housing fund or other 89 alternatives in lieu of building the affordable housing units. 90 However, in exchange, a county must provide incentives to fully 91 offset all costs to the developer of its affordable housing 92 contribution. Such incentives may include, but are not limited 93 to: 94 (a) Allowing the developer density or intensity bonus 95 incentives or more floor space than allowed under the current or 96 proposed future land use designation or zoning; 97 (b) Reducing or waiving fees, such as impact fees or water 98 and sewer charges; or 99 (c) Granting other incentives. 100 Section 2. Section 125.022, Florida Statutes, is amended to 101 read: 102 125.022 Development permits and orders.— 103 (1) Within 30 days after receiving an application for 104 approval of a development permit or development order, a county 105 must review the application for completeness and issue a letter 106 indicating that all required information is submitted or 107 specifying with particularity any areas that are deficient. If 108 the application is deficient, the applicant has 30 days to 109 address the deficiencies by submitting the required additional 110 information. Within 120 days after the county has deemed the 111 application complete, or 180 days for applications that require 112 final action through a quasi-judicial hearing or a public 113 hearing, the county must approve, approve with conditions, or 114 deny the application for a development permit or development 115 order. Both parties may agree to a reasonable request for an 116 extension of time, particularly in the event of a force majeure 117 or other extraordinary circumstance. An approval, approval with 118 conditions, or denial of the application for a development 119 permit or development order must include written findings 120 supporting the county’s decision. 121 (2)(1)When reviewing an application for a development 122 permit or development order that is certified by a professional 123 listed in s. 403.0877, a county may not request additional 124 information from the applicant more than three times, unless the 125 applicant waives the limitation in writing. Before a third 126 request for additional information, the applicant must be 127 offered a meeting to attempt to resolve outstanding issues. 128 Except as provided in subsection (5)(4), if the applicant 129 believes the request for additional information is not 130 authorized by ordinance, rule, statute, or other legal 131 authority, the county, at the applicant’s request, shall proceed 132 to process the application for approval or denial. 133 (3)(2)When a county denies an application for a 134 development permit or development order, the county shall give 135 written notice to the applicant. The notice must include a 136 citation to the applicable portions of an ordinance, rule, 137 statute, or other legal authority for the denial of the permit 138 or order. 139 (4)(3)As used in this section, the termsterm“development 140 permit” and “development order” havehasthe same meaning as in 141 s. 163.3164, but dodoesnot include building permits. 142 (5)(4)For any development permit application filed with 143 the county after July 1, 2012, a county may not require as a 144 condition of processing or issuing a development permit or 145 development order that an applicant obtain a permit or approval 146 from any state or federal agency unless the agency has issued a 147 final agency action that denies the federal or state permit 148 before the county action on the local development permit. 149 (6)(5)Issuance of a development permit or development 150 order by a county does not in any way create any rights on the 151 part of the applicant to obtain a permit from a state or federal 152 agency and does not create any liability on the part of the 153 county for issuance of the permit if the applicant fails to 154 obtain requisite approvals or fulfill the obligations imposed by 155 a state or federal agency or undertakes actions that result in a 156 violation of state or federal law. A county shall attach such a 157 disclaimer to the issuance of a development permit and shall 158 include a permit condition that all other applicable state or 159 federal permits be obtained before commencement of the 160 development. 161 (7)(6)This section does not prohibit a county from 162 providing information to an applicant regarding what other state 163 or federal permits may apply. 164 Section 3. Subsection (3) of section 163.3167, Florida 165 Statutes, is amended to read: 166 163.3167 Scope of act.— 167 (3) A municipality established after the effective date of 168 this act shall, within 1 year after incorporation, establish a 169 local planning agency, pursuant to s. 163.3174, and prepare and 170 adopt a comprehensive plan of the type and in the manner set out 171 in this act within 3 years after the date of such incorporation. 172 A county comprehensive plan isshall be deemedcontrolling until 173 the municipality adopts a comprehensive plan in accordance 174accordwith this act. A comprehensive plan adopted after January 175 1, 2019, and all land development regulations adopted to 176 implement the comprehensive plan must incorporate each 177 development order existing before the comprehensive plan’s 178 effective date, may not impair the completion of a development 179 in accordance with such existing development order, and must 180 vest the density and intensity approved by such development 181 order existing on the effective date of the comprehensive plan 182 without limitation or modification. 183 Section 4. Paragraph (i) of subsection (5) and paragraph 184 (h) of subsection (6) of section 163.3180, Florida Statutes, are 185 amended to read: 186 163.3180 Concurrency.— 187 (5) 188 (i) If a local government elects to repeal transportation 189 concurrency, it is encouraged to adopt an alternative mobility 190 funding system that uses one or more of the tools and techniques 191 identified in paragraph (f). Any alternative mobility funding 192 system adopted may not be used to deny, time, or phase an 193 application for site plan approval, plat approval, final 194 subdivision approval, building permits, or the functional 195 equivalent of such approvals provided that the developer agrees 196 to pay for the development’s identified transportation impacts 197 via the funding mechanism implemented by the local government. 198 The revenue from the funding mechanism used in the alternative 199 system must be used to implement the needs of the local 200 government’s plan which serves as the basis for the fee imposed. 201 A mobility fee-based funding system must comply with s. 202 163.31801 governingthe dual rational nexus test applicable to203 impact fees. An alternative system that is not mobility fee 204 based shall not be applied in a manner that imposes upon new 205 development any responsibility for funding an existing 206 transportation deficiency as defined in paragraph (h). 207 (6) 208 (h)1. In order to limit the liability of local governments, 209 a local government may allow a landowner to proceed with 210 development of a specific parcel of land notwithstanding a 211 failure of the development to satisfy school concurrency, if all 212 the following factors are shown to exist: 213 a. The proposed development would be consistent with the 214 future land use designation for the specific property and with 215 pertinent portions of the adopted local plan, as determined by 216 the local government. 217 b. The local government’s capital improvements element and 218 the school board’s educational facilities plan provide for 219 school facilities adequate to serve the proposed development, 220 and the local government or school board has not implemented 221 that element or the project includes a plan that demonstrates 222 that the capital facilities needed as a result of the project 223 can be reasonably provided. 224 c. The local government and school board have provided a 225 means by which the landowner will be assessed a proportionate 226 share of the cost of providing the school facilities necessary 227 to serve the proposed development. 228 2. If a local government applies school concurrency, it may 229 not deny an application for site plan, final subdivision 230 approval, or the functional equivalent for a development or 231 phase of a development authorizing residential development for 232 failure to achieve and maintain the level-of-service standard 233 for public school capacity in a local school concurrency 234 management system where adequate school facilities will be in 235 place or under actual construction within 3 years after the 236 issuance of final subdivision or site plan approval, or the 237 functional equivalent. School concurrency is satisfied if the 238 developer executes a legally binding commitment to provide 239 mitigation proportionate to the demand for public school 240 facilities to be created by actual development of the property, 241 including, but not limited to, the options described in sub 242 subparagraph a. Options for proportionate-share mitigation of 243 impacts on public school facilities must be established in the 244 comprehensive plan and the interlocal agreement pursuant to s. 245 163.31777. 246 a. Appropriate mitigation options include the contribution 247 of land; the construction, expansion, or payment for land 248 acquisition or construction of a public school facility; the 249 construction of a charter school that complies with the 250 requirements of s. 1002.33(18); or the creation of mitigation 251 banking based on the construction of a public school facility in 252 exchange for the right to sell capacity credits. Such options 253 must include execution by the applicant and the local government 254 of a development agreement that constitutes a legally binding 255 commitment to pay proportionate-share mitigation for the 256 additional residential units approved by the local government in 257 a development order and actually developed on the property, 258 taking into account residential density allowed on the property 259 prior to the plan amendment that increased the overall 260 residential density. The district school board must be a party 261 to such an agreement. As a condition of its entry into such a 262 development agreement, the local government may require the 263 landowner to agree to continuing renewal of the agreement upon 264 its expiration. 265 b. If the interlocal agreement and the local government 266 comprehensive plan authorize a contribution of land; the 267 construction, expansion, or payment for land acquisition; the 268 construction or expansion of a public school facility, or a 269 portion thereof; or the construction of a charter school that 270 complies with the requirements of s. 1002.33(18), as 271 proportionate-share mitigation, the local government shall 272 credit such a contribution, construction, expansion, or payment 273 toward any other impact fee or exaction imposed by local 274 ordinance for public educational facilitiesthe same need, on a 275 dollar-for-dollar basis at fair market value. The credit must be 276 based on the total impact fee assessed and not on the impact fee 277 for any particular type of school. 278 c. Any proportionate-share mitigation must be directed by 279 the school board toward a school capacity improvement identified 280 in the 5-year school board educational facilities plan that 281 satisfies the demands created by the development in accordance 282 with a binding developer’s agreement. 283 3. This paragraph does not limit the authority of a local 284 government to deny a development permit or its functional 285 equivalent pursuant to its home rule regulatory powers, except 286 as provided in this part. 287 Section 5. Section 163.31801, Florida Statutes, is amended 288 to read: 289 163.31801 Impact fees; short title; intent; minimum 290 requirements; audits; challengesdefinitions; ordinances levying291impact fees.— 292 (1) This section may be cited as the “Florida Impact Fee 293 Act.” 294 (2) The Legislature finds that impact fees are an important 295 source of revenue for a local government to use in funding the 296 infrastructure necessitated by new growth. The Legislature 297 further finds that impact fees are an outgrowth of the home rule 298 power of a local government to provide certain services within 299 its jurisdiction. Due to the growth of impact fee collections 300 and local governments’ reliance on impact fees, it is the intent 301 of the Legislature to ensure that, when a county or municipality 302 adopts an impact fee by ordinance or a special district adopts 303 an impact fee by resolution, the governing authority complies 304 with this section. 305 (3) At a minimum, an impact fee adopted by ordinance of a 306 county or municipality or by resolution of a special district 307 must satisfy all of the following conditions, at minimum: 308 (a)Require thatThe calculation of the impact fee must be 309 based on the most recent and localized data. 310 (b) The local government must provide for accounting and 311 reporting of impact fee collections and expenditures. If a local 312 governmental entity imposes an impact fee to address its 313 infrastructure needs, the entity mustshallaccount for the 314 revenues and expenditures of such impact fee in a separate 315 accounting fund. 316 (c)LimitAdministrative charges for the collection of 317 impact fees must be limited to actual costs. 318 (d) The local government must provideRequire thatnotice 319 notbe provided noless than 90 days before the effective date 320 of an ordinance or resolution imposing a new or increased impact 321 fee. A county or municipality is not required to wait 90 days to 322 decrease, suspend, or eliminate an impact fee. 323 (e) Collection of the impact fee may not be required to 324 occur earlier than the date of issuance of the building permit 325 for the property that is subject to the fee. 326 (f) The impact fee must be proportional and reasonably 327 connected to, or have a rational nexus with, the need for 328 additional capital facilities and the increased impact generated 329 by the new residential or commercial construction. 330 (g) The impact fee must be proportional and reasonably 331 connected to, or have a rational nexus with, the expenditures of 332 the funds collected and the benefits accruing to the new 333 residential or nonresidential construction. 334 (h) The local government must specifically earmark funds 335 collected under the impact fee for use in acquiring, 336 constructing, or improving capital facilities to benefit new 337 users. 338 (i) Revenues generated by the impact fee may not be used, 339 in whole or in part, to pay existing debt or for previously 340 approved projects unless the expenditure is reasonably connected 341 to, or has a rational nexus with, the increased impact generated 342 by the new residential or nonresidential construction. 343 (4) The local government must credit against the collection 344 of the impact fee any contribution, whether identified in a 345 proportionate share agreement or other form of exaction, related 346 to public education facilities, including land dedication, site 347 planning and design, or construction. Any contribution must be 348 applied to reduce any education-based impact fees on a dollar 349 for-dollar basis at fair market value. 350 (5) If a local government increases its impact fee rates, 351 the holder of any impact fee credits, whether such credits are 352 granted under s. 163.3180, s. 380.06, or otherwise, which were 353 in existence before the increase, is entitled to the full 354 benefit of the intensity or density prepaid by the credit 355 balance as of the date it was first established. 356 (6)(4)Audits of financial statements of local governmental 357 entities and district school boards which are performed by a 358 certified public accountant pursuant to s. 218.39 and submitted 359 to the Auditor General must include an affidavit signed by the 360 chief financial officer of the local governmental entity or 361 district school board stating that the local governmental entity 362 or district school board has complied with this section. 363 (7)(5)In any action challenging an impact fee or the 364 government’s failure to provide required dollar-for-dollar 365 credits for the payment of impact fees as provided in s. 366 163.3180(6)(h)2.b., the government has the burden of proving by 367 a preponderance of the evidence that the imposition or amount of 368 the fee or credit meets the requirements of state legal 369 precedent andorthis section. The court may not use a 370 deferential standard for the benefit of the government. 371 (8) A county, municipality, or special district may provide 372 an exception or waiver for an impact fee for the development or 373 construction of housing that is affordable, as defined in s. 374 420.9071. If a county, municipality, or special district 375 provides such an exception or waiver, it is not required to use 376 any revenues to offset the impact. 377 (9) This section does not apply to water and sewer 378 connection fees. 379 Section 6. Paragraph (j) is added to subsection (2) of 380 section 163.3202, Florida Statutes, to read: 381 163.3202 Land development regulations.— 382 (2) Local land development regulations shall contain 383 specific and detailed provisions necessary or desirable to 384 implement the adopted comprehensive plan and shall at a minimum: 385 (j) Incorporate preexisting development orders identified 386 pursuant to s. 163.3167(3). 387 Section 7. Section 166.033, Florida Statutes, is amended to 388 read: 389 166.033 Development permits and orders.— 390 (1) Within 30 days after receiving an application for 391 approval of a development permit or development order, a 392 municipality must review the application for completeness and 393 issue a letter indicating that all required information is 394 submitted or specifying with particularity any areas that are 395 deficient. If the application is deficient, the applicant has 30 396 days to address the deficiencies by submitting the required 397 additional information. Within 120 days after the municipality 398 has deemed the application complete, or 180 days for 399 applications that require final action through a quasi-judicial 400 hearing or a public hearing, the municipality must approve, 401 approve with conditions, or deny the application for a 402 development permit or development order. Both parties may agree 403 to a reasonable request for an extension of time, particularly 404 in the event of a force majeure or other extraordinary 405 circumstance. An approval, approval with conditions, or denial 406 of the application for a development permit or development order 407 must include written findings supporting the municipality’s 408 decision. 409 (2)(1)When reviewing an application for a development 410 permit or development order that is certified by a professional 411 listed in s. 403.0877, a municipality may not request additional 412 information from the applicant more than three times, unless the 413 applicant waives the limitation in writing. Before a third 414 request for additional information, the applicant must be 415 offered a meeting to attempt to resolve outstanding issues. 416 Except as provided in subsection (5)(4), if the applicant 417 believes the request for additional information is not 418 authorized by ordinance, rule, statute, or other legal 419 authority, the municipality, at the applicant’s request, shall 420 proceed to process the application for approval or denial. 421 (3)(2)When a municipality denies an application for a 422 development permit or development order, the municipality shall 423 give written notice to the applicant. The notice must include a 424 citation to the applicable portions of an ordinance, rule, 425 statute, or other legal authority for the denial of the permit 426 or order. 427 (4)(3)As used in this section, the termsterm“development 428 permit” and “development order” havehasthe same meaning as in 429 s. 163.3164, but dodoesnot include building permits. 430 (5)(4)For any development permit application filed with 431 the municipality after July 1, 2012, a municipality may not 432 require as a condition of processing or issuing a development 433 permit or development order that an applicant obtain a permit or 434 approval from any state or federal agency unless the agency has 435 issued a final agency action that denies the federal or state 436 permit before the municipal action on the local development 437 permit. 438 (6)(5)Issuance of a development permit or development 439 order by a municipality does notin any waycreate any right on 440 the part of an applicant to obtain a permit from a state or 441 federal agency and does not create any liability on the part of 442 the municipality for issuance of the permit if the applicant 443 fails to obtain requisite approvals or fulfill the obligations 444 imposed by a state or federal agency or undertakes actions that 445 result in a violation of state or federal law. A municipality 446 shall attach such a disclaimer to the issuance of development 447 permits and shall include a permit condition that all other 448 applicable state or federal permits be obtained before 449 commencement of the development. 450 (7)(6)This section does not prohibit a municipality from 451 providing information to an applicant regarding what other state 452 or federal permits may apply. 453 Section 8. Section 166.04151, Florida Statutes, is amended 454 to read: 455 166.04151 Affordable housing.— 456 (1) Notwithstanding any other provision of law, a 457 municipality may adopt and maintain in effect any law, 458 ordinance, rule, or other measure that is adopted for the 459 purpose of increasing the supply of affordable housing using 460 land use mechanisms such as inclusionary housing ordinances. 461 (2) An inclusionary housing ordinance may require a 462 developer to provide a specified number or percentage of 463 affordable housing units to be included in a development or 464 allow a developer to contribute to a housing fund or other 465 alternatives in lieu of building the affordable housing units. 466 However, in exchange, a municipality must provide incentives to 467 fully offset all costs to the developer of its affordable 468 housing contribution. Such incentives may include, but are not 469 limited to: 470 (a) Allowing the developer density or intensity bonus 471 incentives or more floor space than allowed under the current or 472 proposed future land use designation or zoning; 473 (b) Reducing or waiving fees, such as impact fees or water 474 and sewer charges; or 475 (c) Granting other incentives. 476 Section 9. Subsection (24) of section 494.001, Florida 477 Statues, is amended to read: 478 494.001 Definitions.—As used in this chapter, the term: 479 (24) “Mortgage loan” means any: 480 (a) Residential loan thatprimarily for personal, family,481or household use whichis secured by a mortgage, deed of trust, 482 or other equivalent consensual security interest on a dwelling, 483 as defined in s. 103(w)s. 103(v)of the federal Truth in 484 Lending Act, or for the purchase of residential real estate upon 485 which a dwelling is to be constructed; 486 (b) Loan on commercial real property if the borrower is an 487 individual or the lender is a noninstitutional investor; or 488 (c) Loan on improved real property consisting of five or 489 more dwelling units if the borrower is an individual or the 490 lender is a noninstitutional investor. 491 Section 10. This act shall take effect upon becoming a law.