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_Floor_Amendment_155140.html
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_Floor_Amendment_155140.html
Florida Senate - 2024 SENATOR AMENDMENT Bill No. CS for CS for SB 328 Ì155140nÎ155140 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Calatayud moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 113 - 384 4 and insert: 5 include the density of any building that met the requirements of 6 this subsection or the density of any building that has received 7 any bonus, variance, or other special exception for density 8 provided in the county’s land development regulations as an 9 incentive for development. 10 (c) A county may not restrict the floor area ratio of a 11 proposed development authorized under this subsection below 150 12 percent of the highest currently allowed floor area ratio on any 13 unincorporated land in the county where development is allowed 14 under the county’s land development regulations. For purposes of 15 this paragraph, the term “highest currently allowed floor area 16 ratio” does not include the floor area ratio of any building 17 that met the requirements of this subsection or the floor area 18 ratio of any building that has received any bonus, variance, or 19 other special exception for floor area ratio provided in the 20 county’s land development regulations as an incentive for 21 development. For purposes of this subsection, the term floor 22 area ratio includes floor lot ratio. 23 (d)1.(c)A county may not restrict the height of a proposed 24 development authorized under this subsection below the highest 25 currently allowed height for a commercial or residential 26 buildingdevelopmentlocated in its jurisdiction within 1 mile 27 of the proposed development or 3 stories, whichever is higher. 28 For purposes of this paragraph, the term “highest currently 29 allowed height” does not include the height of any building that 30 met the requirements of this subsection or the height of any 31 building that has received any bonus, variance, or other special 32 exception for height provided in the county’s land development 33 regulations as an incentive for development. 34 2. If the proposed development is adjacent to, on two or 35 more sides, a parcel zoned for single-family residential use 36 which is within a single-family residential development with at 37 least 25 contiguous single-family homes, the county may restrict 38 the height of the proposed development to 150 percent of the 39 tallest building on any property adjacent to the proposed 40 development, the highest currently allowed height for the 41 property provided in the county’s land development regulations, 42 or 3 stories, whichever is higher. For the purposes of this 43 paragraph, the term “adjacent to” means those properties sharing 44 more than one point of a property line, but does not include 45 properties separated by a public road. 46 (e)(d)A proposed development authorized under this 47 subsection must be administratively approved and no further 48 action by the board of county commissioners is required if the 49 development satisfies the county’s land development regulations 50 for multifamily developments in areas zoned for such use and is 51 otherwise consistent with the comprehensive plan, with the 52 exception of provisions establishing allowable densities, floor 53 area ratios, height, and land use. Such land development 54 regulations include, but are not limited to, regulations 55 relating to setbacks and parking requirements. A proposed 56 development located within one-quarter mile of a military 57 installation identified in s. 163.3175(2) may not be 58 administratively approved. Each county shall maintain on its 59 website a policy containing procedures and expectations for 60 administrative approval pursuant to this subsection. 61 (f)1.(e)A county must consider reducing parking 62 requirements for a proposed development authorized under this 63 subsection if the development is located within one-quarterone64halfmile of amajortransit stop, as defined in the county’s 65 land development code, and themajortransit stop is accessible 66 from the development. 67 2. A county must reduce parking requirements by at least 20 68 percent for a proposed development authorized under this 69 subsection if the development: 70 a. Is located within one-half mile of a major 71 transportation hub that is accessible from the proposed 72 development by safe, pedestrian-friendly means, such as 73 sidewalks, crosswalks, elevated pedestrian or bike paths, or 74 other multimodal design features; and 75 b. Has available parking within 600 feet of the proposed 76 development which may consist of options such as on-street 77 parking, parking lots, or parking garages available for use by 78 residents of the proposed development. However, a county may not 79 require that the available parking compensate for the reduction 80 in parking requirements. 81 3. A county must eliminate parking requirements for a 82 proposed mixed-use residential development authorized under this 83 subsection within an area recognized by the county as a transit 84 oriented development or area, as provided in paragraph (h). 85 4. For purposes of this paragraph, the term “major 86 transportation hub” means any transit station, whether bus, 87 train, or light rail, which is served by public transit with a 88 mix of other transportation options. 89 (g)(f)For proposed multifamily developments in an 90 unincorporated area zoned for commercial or industrial use which 91 is within the boundaries of a multicounty independent special 92 district that was created to provide municipal services and is 93 not authorized to levy ad valorem taxes, and less than 20 94 percent of the land area within such district is designated for 95 commercial or industrial use, a county must authorize, as 96 provided in this subsection, such development only if the 97 development is mixed-use residential. 98 (h) A proposed development authorized under this subsection 99 which is located within a transit-oriented development or area, 100 as recognized by the county, must be mixed-use residential and 101 otherwise comply with requirements of the county’s regulations 102 applicable to the transit-oriented development or area except 103 for use, height, density, floor area ratio, and parking as 104 provided in this subsection or as otherwise agreed to by the 105 county and the applicant for the development. 106 (i)(g)Except as otherwise provided in this subsection, a 107 development authorized under this subsection must comply with 108 all applicable state and local laws and regulations. 109 (j)1. Nothing in this subsection precludes a county from 110 granting a bonus, variance, conditional use, or other special 111 exception for height, density, or floor area ratio in addition 112 to the height, density, and floor area ratio requirements in 113 this subsection. 114 2. Nothing in this subsection precludes a proposed 115 development authorized under this subsection from receiving a 116 bonus for density, height, or floor area ratio pursuant to an 117 ordinance or regulation of the jurisdiction where the proposed 118 development is located if the proposed development satisfies the 119 conditions to receive the bonus except for any condition which 120 conflicts with this subsection. If a proposed development 121 qualifies for such bonus, the bonus must be administratively 122 approved by the county and no further action by the board of 123 county commissioners is required. 124 (k)(h)This subsection does not apply to: 125 1. Airport-impacted areas as provided in s. 333.03. 126 2. Property defined as recreational and commercial working 127 waterfront in s. 342.201(2)(b) in any area zoned as industrial. 128 (l)(i)This subsection expires October 1, 2033. 129 (8) Any development authorized under paragraph (7)(a) must 130 be treated as a conforming use even after the expiration of 131 subsection (7) and the development’s affordability period as 132 provided in paragraph (7)(a), notwithstanding the county’s 133 comprehensive plan, future land use designation, or zoning. If 134 at any point during the development’s affordability period the 135 development violates the affordability period requirement 136 provided in paragraph (7)(a), the development must be allowed a 137 reasonable time to cure such violation. If the violation is not 138 cured within a reasonable time, the development must be treated 139 as a nonconforming use. 140 Section 2. Subsection (7) of section 166.04151, Florida 141 Statutes, is amended, and subsection (8) is added to that 142 section, to read: 143 166.04151 Affordable housing.— 144 (7)(a) A municipality must authorize multifamily and mixed 145 use residential as allowable uses in any area zoned for 146 commercial, industrial, or mixed use if at least 40 percent of 147 the residential units in a proposed multifamilyrental148 development are rental units that, for a period of at least 30 149 years, are affordable as defined in s. 420.0004. Notwithstanding 150 any other law, local ordinance, or regulation to the contrary, a 151 municipality may not require a proposed multifamily development 152 to obtain a zoning or land use change, special exception, 153 conditional use approval, variance, or comprehensive plan 154 amendment for the building height, zoning, and densities 155 authorized under this subsection. For mixed-use residential 156 projects, at least 65 percent of the total square footage must 157 be used for residential purposes. 158 (b) A municipality may not restrict the density of a 159 proposed development authorized under this subsection below the 160 highest currently allowed density on any land in the 161 municipality where residential development is allowed under the 162 municipality’s land development regulations. For purposes of 163 this paragraph, the term “highest currently allowed density” 164 does not include the density of any building that met the 165 requirements of this subsection or the density of any building 166 that has received any bonus, variance, or other special 167 exception for density provided in the municipality’s land 168 development regulations as an incentive for development. 169 (c) A municipality may not restrict the floor area ratio of 170 a proposed development authorized under this subsection below 171 150 percent of the highest currently allowed floor area ratio on 172 any land in the municipality where development is allowed under 173 the municipality’s land development regulations. For purposes of 174 this paragraph, the term “highest currently allowed floor area 175 ratio” does not include the floor area ratio of any building 176 that met the requirements of this subsection or the floor area 177 ratio of any building that has received any bonus, variance, or 178 other special exception for floor area ratio provided in the 179 municipality’s land development regulations as an incentive for 180 development. For purposes of this subsection, the term “floor 181 area ratio” includes floor lot ratio. 182 (d)1.(c)A municipality may not restrict the height of a 183 proposed development authorized under this subsection below the 184 highest currently allowed height for a commercial or residential 185 buildingdevelopmentlocated in its jurisdiction within 1 mile 186 of the proposed development or 3 stories, whichever is higher. 187 For purposes of this paragraph, the term “highest currently 188 allowed height” does not include the height of any building that 189 met the requirements of this subsection or the height of any 190 building that has received any bonus, variance, or other special 191 exception for height provided in the municipality’s land 192 development regulations as an incentive for development. 193 2. If the proposed development is adjacent to, on two or 194 more sides, a parcel zoned for single-family residential use 195 that is within a single-family residential development with at 196 least 25 contiguous single-family homes, the municipality may 197 restrict the height of the proposed development to 150 percent 198 of the tallest building on any property adjacent to the proposed 199 development, the highest currently allowed height for the 200 property provided in the municipality’s land development 201 regulations, or 3 stories, whichever is higher. For the purposes 202 of this paragraph, the term “adjacent to” means those properties 203 sharing more than one point of a property line, but does not 204 include properties separated by a public road. 205 (e)(d)A proposed development authorized under this 206 subsection must be administratively approved and no further 207 action by the governing body of the municipality is required if 208 the development satisfies the municipality’s land development 209 regulations for multifamily developments in areas zoned for such 210 use and is otherwise consistent with the comprehensive plan, 211 with the exception of provisions establishing allowable 212 densities, floor area ratios, height, and land use. Such land 213 development regulations include, but are not limited to, 214 regulations relating to setbacks and parking requirements. A 215 proposed development located within one-quarter mile of a 216 military installation identified in s. 163.3175(2) may not be 217 administratively approved. Each municipality shall maintain on 218 its website a policy containing procedures and expectations for 219 administrative approval pursuant to this subsection. 220 (f)1.(e)A municipality must consider reducing parking 221 requirements for a proposed development authorized under this 222 subsection if the development is located within one-quarterone223halfmile of amajortransit stop, as defined in the 224 municipality’s land development code, and themajortransit stop 225 is accessible from the development. 226 2. A municipality must reduce parking requirements by at 227 least 20 percent for a proposed development authorized under 228 this subsection if the development: 229 a. Is located within one-half mile of a major 230 transportation hub that is accessible from the proposed 231 development by safe, pedestrian-friendly means, such as 232 sidewalks, crosswalks, elevated pedestrian or bike paths, or 233 other multimodal design features. 234 b. Has available parking within 600 feet of the proposed 235 development which may consist of options such as on-street 236 parking, parking lots, or parking garages available for use by 237 residents of the proposed development. However, a municipality 238 may not require that the available parking compensate for the 239 reduction in parking requirements. 240 3. A municipality must eliminate parking requirements for a 241 proposed mixed-use residential development authorized under this 242 subsection within an area recognized by the municipality as a 243 transit-oriented development or area, as provided in paragraph 244 (h). 245 4. For purposes of this paragraph, the term “major 246 transportation hub” means any transit station, whether bus, 247 train, or light rail, which is served by public transit with a 248 mix of other transportation options. 249 (g)(f)A municipality that designates less than 20 percent 250 of the land area within its jurisdiction for commercial or 251 industrial use must authorize a proposed multifamily development 252 as provided in this subsection in areas zoned for commercial or 253 industrial use only if the proposed multifamily development is 254 mixed-use residential. 255 (h) A proposed development authorized under this subsection 256 which is located within a transit-oriented development or area, 257 as recognized by the municipality, must be mixed-use residential 258 and otherwise comply with requirements of the municipality’s 259 regulations applicable to the transit-oriented development or 260 area except for use, height, density, floor area ratio, and 261 parking as provided in this subsection or as otherwise agreed to 262 by the municipality and the applicant for the development. 263 (i)(g)Except as otherwise provided in this subsection, a 264 development authorized under this subsection must comply with 265 all applicable state and local laws and regulations. 266 (j)1. Nothing in this subsection precludes a municipality 267 from granting a bonus, variance, conditional use, or other 268 special exception to height, density, or floor area ratio in 269 addition to the height, density, and floor area ratio 270 requirements in this subsection. 271 2. Nothing in this subsection precludes a proposed 272 development authorized under this subsection from receiving a 273 bonus for density, height, or floor area ratio pursuant to an 274 ordinance or regulation of the jurisdiction where the proposed 275 development is located if the proposed development satisfies the 276 conditions to receive the bonus except for any condition which 277 conflicts with this subsection. If a proposed development 278 qualifies for such bonus, the bonus must be administratively 279 approved by the municipality and no further action by the 280 governing body of the municipality is required. 281 (k)(h)This subsection does not apply to: 282 1. Airport-impacted areas as provided in s. 333.03. 283 2. Property defined as recreational and commercial working 284 waterfront in s. 342.201(2)(b) in any area zoned as industrial. 285 (l)(i)This subsection expires October 1, 2033. 286 (8) Any development authorized under paragraph (7)(a) must 287 be treated as a conforming use even after the expiration of 288 subsection (7) and the development’s affordability period as 289 provided in paragraph (7)(a), notwithstanding the municipality’s 290 comprehensive plan, future land use designation, or zoning. If 291 at any point during the development’s affordability period the 292 development violates the affordability period requirement 293 provided in paragraph (7)(a), the development must be allowed a 294 reasonable time to cure such violation. If the violation is not 295 cured within a reasonable time, the development must be treated 296 as a nonconforming use. 297 Section 3. An applicant for a proposed development 298 authorized under s. 125.01055(7) or s. 166.04151(7), Florida 299 Statutes, who submitted an application, written request, or 300 notice of intent to utilize such provisions to the county or 301 municipality and which has been received by the county or 302 municipality, as applicable, before the effective date of this 303 act may notify the county or municipality by July 1, 2024, of 304 its intent to proceed under the provisions of ss. 125.01055(7) 305 or 166.04151(7), Florida Statutes, as they existed at the time 306 of submittal. A county or municipality shall allow an applicant 307 who submitted such application, written request, or notice of 308 intent before the effective date of this act the opportunity to 309 submit a revised application, written request, or notice of 310 intent to account for the changes made by this act. 311 312 ================= T I T L E A M E N D M E N T ================ 313 And the title is amended as follows: 314 Delete lines 36 - 41 315 and insert: 316 specified conditions are satisfied; requiring that 317 such bonuses be administratively approved by counties 318 and municipalities, respectively; revising 319 applicability; authorizing that specified developments 320 be treated as a conforming use under certain 321 circumstances; authorizing that specified developments 322 be treated as a nonconforming use under certain 323 circumstances; authorizing applicants for certain 324 proposed developments to notify a county or 325 municipality, as applicable, of their intent to 326 proceed under certain provisions; requiring counties 327 and municipalities to allow certain applicants to 328 submit a revised application, written request, or 329 notice of intent; amending s. 196.1978, F.S.; revising