Signed by Governor Ron DeSantis

Vote Smart's Synopsis:

Vote to concur with senate amendments and pass a bill that amends law relating to community development and housing.

Highlights:

• Authorizes an inclusionary housing ordinance to require a developer to provide a specified number or percentage of affordable housing units for inclusion in a development, or to allow a developer to contribute to a housing fund or other alternatives in lieu of building the affordable units, if a county or municipality provides incentives to fully offset all costs to the developer of its affordable housing contribution (Sec. 1 & 9).

• Requires a county or municipality, within 30 days after receiving an application for approval of a development permit or development order, to review the application for completeness and issue a letter indicating that all required information is submitted or specifying any deficient areas (Sec. 2 & 8).

• Requires the county or municipality to approve, approve with conditions, or deny the above mentioned application within 120 days after the county has deemed the application complete, or 180 days for applications needing final action through a quasi-judicial hearing or a public hearing (Sec. 2 & 8).

• Specifies that the terms “development permit” and “development order” do not include building permits (Sec. 2 & 8).

• Specifies that any comprehensive plan adopted following January 1, 2019, and any land development regulations adopted to implement the comprehensive plan (Sec. 3):

• Must incorporate each development order existing before the plan’s effective date;

• Cannot impair the completion of a development in accordance with such existing development order; and

• Must vest the density and intensity approved by such development order existing on the plan’s effective date without limitation or modification.

• Expands the minimum requirements for impact fees adopted by ordinance of a county or municipality or by resolution of a special district (Sec. 5).

• Requires a local government to credit against the collection of the impact fee any contribution related to public education facilities (Sec. 5).

• Specifies that the holder of any impact fee credits, following the increase of an impact fee rate, will be entitled to the full benefit prepaid by the credit balance as of the date it was first established (Sec. 5).

• Specifies that the prevailing party in a challenge to a development order is entitled to recover reasonable attorney fees and costs incurred in challenging or defending the order (Sec. 7).

• Authorizes a county, municipality, or special district to provide an exception or waiver for an impact fee for the development or construction of affordable housing (Sec. 5).

• Specifies that it is necessary to establish a state housing finance strategy to offer affordable workforce housing opportunities to essential service personnel in areas of critical state concern (Sec. 10).

• Defines “essential services personnel” as natural persons or families whose total annual household income is at or below 120 percent of the area median income, adjusted for household size, and at least one of whom is employed as police or fire personnel, a child care worker, a teacher or other education personnel, health care personnel, a public employee, or a service worker (Sec. 11).

• Amends the definition of “building code inspection services” to mean specific services involving the review of building plans as well as services involving the review of site plans and site work engineering plans or their functional equivalent, to determine compliance with applicable codes (Sec. 11).

• Defines “plans” as building plans, site engineering plans, or site plans, or their functional equivalent, submitted by a fee owner or fee owner’s contractor to a private provider or duly authorized representative for review (Sec. 11).

• Defines “site work” as the portion of a construction project that is not part of the building structure, including, but not limited to, grading, excavation, landscape irrigation, and installation of driveways (Sec. 11).

• Prohibits a local jurisdiction from charging fees for building inspections if the fee owner or contractor hires a private provider (Sec. 10).

• Prohibits a local building code enforcement agency from auditing the performance of building code inspection services by private providers more than 4 times in a calendar year, unless the local building official determines a condition of a building is an immediate threat to public safety and welfare (Sec. 14).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass with amendment a bill that amends law relating to community development and housing.

Highlights:

• Authorizes an inclusionary housing ordinance to require a developer to provide a specified number or percentage of affordable housing units for inclusion in a development, or to allow a developer to contribute to a housing fund or other alternatives in lieu of building the affordable units, if a county or municipality provides incentives to fully offset all costs to the developer of its affordable housing contribution (Sec. 1 & 9).

• Requires a county or municipality, within 30 days after receiving an application for approval of a development permit or development order, to review the application for completeness and issue a letter indicating that all required information is submitted or specifying any deficient areas (Sec. 2 & 8).

• Requires the county or municipality to approve, approve with conditions, or deny the above mentioned application within 120 days after the county has deemed the application complete, or 180 days for applications needing final action through a quasi-judicial hearing or a public hearing (Sec. 2 & 8).

• Specifies that the terms “development permit” and “development order” do not include building permits (Sec. 2 & 8).

• Specifies that any comprehensive plan adopted following January 1, 2019, and any land development regulations adopted to implement the comprehensive plan (Sec. 3):

• Must incorporate each development order existing before the plan’s effective date;

• Cannot impair the completion of a development in accordance with such existing development order; and

• Must vest the density and intensity approved by such development order existing on the plan’s effective date without limitation or modification.

• Expands the minimum requirements for impact fees adopted by ordinance of a county or municipality or by resolution of a special district (Sec. 5).

• Requires a local government to credit against the collection of the impact fee any contribution related to public education facilities (Sec. 5).

• Specifies that the holder of any impact fee credits, following the increase of an impact fee rate, will be entitled to the full benefit prepaid by the credit balance as of the date it was first established (Sec. 5).

• Specifies that the prevailing party in a challenge to a development order is entitled to recover reasonable attorney fees and costs incurred in challenging or defending the order (Sec. 7).

• Authorizes a county, municipality, or special district to provide an exception or waiver for an impact fee for the development or construction of affordable housing (Sec. 5).

• Specifies that it is necessary to establish a state housing finance strategy to offer affordable workforce housing opportunities to essential service personnel in areas of critical state concern (Sec. 10).

• Defines “essential services personnel” as natural persons or families whose total annual household income is at or below 120 percent of the area median income, adjusted for household size, and at least one of whom is employed as police or fire personnel, a child care worker, a teacher or other education personnel, health care personnel, a public employee, or a service worker (Sec. 11).

• Amends the definition of “building code inspection services” to mean specific services involving the review of building plans as well as services involving the review of site plans and site work engineering plans or their functional equivalent, to determine compliance with applicable codes (Sec. 11).

• Defines “plans” as building plans, site engineering plans, or site plans, or their functional equivalent, submitted by a fee owner or fee owner’s contractor to a private provider or duly authorized representative for review (Sec. 11).

• Defines “site work” as the portion of a construction project that is not part of the building structure, including, but not limited to, grading, excavation, landscape irrigation, and installation of driveways (Sec. 11).

• Prohibits a local jurisdiction from charging fees for building inspections if the fee owner or contractor hires a private provider (Sec. 10).

• Prohibits a local building code enforcement agency from auditing the performance of building code inspection services by private providers more than 4 times in a calendar year, unless the local building official determines a condition of a building is an immediate threat to public safety and welfare (Sec. 14).

Full Bill Text