PRINCIPLES FOR GUIDING DEVELOPMENT, AND FLORIDA STATUTES
C. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute (F.S.)
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Specifically, the amendment furthers:
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163.3161(4), F.S. – It is the intent of this act that local governments have the ability to preserve and enhance 18
present advantages; encourage the most appropriate use of land, water, and resources, consistent with the 19
public interest; overcome present handicaps; and deal effectively with future problems that may result 20
from the use and development of land within their jurisdictions. Through the process of comprehensive 21
planning, it is intended that units of local government can preserve, promote, protect, and improve the 22
public health, safety, comfort, good order, appearance, convenience, law enforcement and fire prevention, 23
and general welfare; facilitate the adequate and efficient provision of transportation, water, sewerage, 24
schools, parks, recreational facilities, housing, and other requirements and services; and conserve, 25
develop, utilize, and protect natural resources within their jurisdictions.
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163.3161(6), F.S. – It is the intent of this act that adopted comprehensive plans shall have the legal status set 28
out in this act and that no public or private development shall be permitted except in conformity with 29
comprehensive plans, or elements or portions thereof, prepared and adopted in conformity with this act.
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163.3164(3), F.S. – “Affordable housing” has the same meaning as in s. 420.0004(3).
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163.3177(1), F.S. – The comprehensive plan shall provide the principles, guidelines, standards, and strategies 34
for the orderly and balanced future economic, social, physical, environmental, and fiscal development of 35
the area that reflects community commitments to implement the plan and its elements. These principles 36
and strategies shall guide future decisions in a consistent manner and shall contain programs and activities 37
to ensure comprehensive plans are implemented. The sections of the comprehensive plan containing the 38
principles and strategies, generally provided as goals, objectives, and policies, shall describe how the local 39
government’s programs, activities, and land development regulations will be initiated, modified, or 40
continued to implement the comprehensive plan in a consistent manner. It is not the intent of this part to 41
require the inclusion of implementing regulations in the comprehensive plan but rather to require 42
identification of those programs, activities, and land development regulations that will be part of the 43
strategy for implementing the comprehensive plan and the principles that describe how the programs, 44
activities, and land development regulations will be carried out. The plan shall establish meaningful and 45
predictable standards for the use and development of land and provide meaningful guidelines for the 46
content of more detailed land development and use regulations.
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163.3177(6)(f), F.S. – 1. A housing element consisting of principles, guidelines, standards, and strategies to 49
be followed in:
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a. The provision of housing for all current and anticipated future residents of the jurisdiction.
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b. The elimination of substandard dwelling conditions.
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c. The structural and aesthetic improvement of existing housing.
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d. The provision of adequate sites for future housing, including affordable workforce housing as defined 2
in s. 380.0651(1)(h), housing for low-income, very low-income, and moderate-income families, 3
mobile homes, and group home facilities and foster care facilities, with supporting infrastructure and 4
public facilities. The element may include provisions that specifically address affordable housing for 5
persons 60 years of age or older. Real property that is conveyed to a local government for affordable 6
housing under this sub-subparagraph shall be disposed of by the local government pursuant to s.
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125.379 or s. 166.0451.
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e. Provision for relocation housing and identification of historically significant and other housing for 9
purposes of conservation, rehabilitation, or replacement.
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f. The formulation of housing implementation programs.
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g. The creation or preservation of affordable housing to minimize the need for additional local services 12
and avoid the concentration of affordable housing units only in specific areas of the jurisdiction.
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2. The principles, guidelines, standards, and strategies of the housing element must be based on data and 14
analysis prepared on housing needs, which shall include the number and distribution of dwelling units by 15
type, tenure, age, rent, value, monthly cost of owner-occupied units, and rent or cost to income ratio, and 16
shall show the number of dwelling units that are substandard. The data and analysis shall also include the 17
methodology used to estimate the condition of housing, a projection of the anticipated number of 18
households by size, income range, and age of residents derived from the population projections, and the 19
minimum housing need of the current and anticipated future residents of the jurisdiction.
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3. The housing element must express principles, guidelines, standards, and strategies that reflect, as 21
needed, the creation and preservation of affordable housing for all current and anticipated future residents 22
of the jurisdiction, elimination of substandard housing conditions, adequate sites, and distribution of 23
housing for a range of incomes and types, including mobile and manufactured homes. The element must 24
provide for specific programs and actions to partner with private and nonprofit sectors to address housing 25
needs in the jurisdiction, streamline the permitting process, and minimize costs and delays for affordable 26
housing, establish standards to address the quality of housing, stabilization of neighborhoods, and 27
identification and improvement of historically significant housing.
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163.3201, F.S. – Relationship of comprehensive plan to exercise of land development regulatory authority.—
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It is the intent of this act that adopted comprehensive plans or elements thereof shall be implemented, in 31
part, by the adoption and enforcement of appropriate local regulations on the development of lands and 32
waters within an area. It is the intent of this act that the adoption and enforcement by a governing body of 33
regulations for the development of land or the adoption and enforcement by a governing body of a land 34
development code for an area shall be based on, be related to, and be a means of implementation for an 35
adopted comprehensive plan as required by this act.
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420.0004, F.S. – Definitions.—As used in this part, unless the context otherwise indicates:
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(1) “Adjusted for family size” means adjusted in a manner which results in an income eligibility level 39
which is lower for households with fewer than four people, or higher for households with more than four 40
people, than the base income eligibility determined as provided in subsection (9), subsection (11), 41
subsection (12), or subsection (17), based upon a formula as established by the United States Department 42
of Housing and Urban Development.
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(2) “Adjusted gross income” means all wages, assets, regular cash or noncash contributions or gifts from 44
persons outside the household, and such other resources and benefits as may be determined to be income 45
by the United States Department of Housing and Urban Development, adjusted for family size, less 46
deductions allowable under s. 62 of the Internal Revenue Code.
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(3) “Affordable” means that monthly rents or monthly mortgage payments including taxes, insurance, and 48
utilities do not exceed 30 percent of that amount which represents the percentage of the median adjusted 49
gross annual income for the households as indicated in subsection (9), subsection (11), subsection (12), 50
or subsection (17).
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(4) “Corporation” means the Florida Housing Finance Corporation.
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(5) “Community-based organization” or “nonprofit organization” means a private corporation organized 1
under chapter 617 to assist in the provision of housing and related services on a not-for-profit basis and 2
which is acceptable to federal and state agencies and financial institutions as a sponsor of low-income 3
housing.
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(6) “Department” means the Department of Economic Opportunity.
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(7) “Disabling condition” means a diagnosable substance abuse disorder, serious mental illness, 6
developmental disability, or chronic physical illness or disability, or the co-occurrence of two or more of 7
these conditions, and a determination that the condition is:
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(a) Expected to be of long-continued and indefinite duration; and 9
(b) Not expected to impair the ability of the person with special needs to live independently with 10
appropriate supports.
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(8) “Elderly” describes persons 62 years of age or older.
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(9) “Extremely-low-income persons” means one or more natural persons or a family whose total annual 13
household income does not exceed 30 percent of the median annual adjusted gross income for households 14
within the state. The Florida Housing Finance Corporation may adjust this amount annually by rule to 15
provide that in lower income counties, extremely low income may exceed 30 percent of area median 16
income and that in higher income counties, extremely low income may be less than 30 percent of area 17
median income.
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(10) “Local public body” means any county, municipality, or other political subdivision, or any housing 19
authority as provided by chapter 421, which is eligible to sponsor or develop housing for farmworkers 20
and very-low-income and low-income persons within its jurisdiction.
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(11) “Low-income persons” means one or more natural persons or a family, the total annual adjusted gross 22
household income of which does not exceed 80 percent of the median annual adjusted gross income for 23
households within the state, or 80 percent of the median annual adjusted gross income for households 24
within the metropolitan statistical area (MSA) or, if not within an MSA, within the county in which the 25
person or family resides, whichever is greater.
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(12) “Moderate-income persons” means one or more natural persons or a family, the total annual adjusted 27
gross household income of which is less than 120 percent of the median annual adjusted gross income for 28
households within the state, or 120 percent of the median annual adjusted gross income for households 29
within the metropolitan statistical area (MSA) or, if not within an MSA, within the county in which the 30
person or family resides, whichever is greater.
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(13) “Person with special needs” means an adult person requiring independent living services in order to 32
maintain housing or develop independent living skills and who has a disabling condition; a young adult 33
formerly in foster care who is eligible for services under s. 409.1451(5); a survivor of domestic violence 34
as defined in s. 741.28; or a person receiving benefits under the Social Security Disability Insurance 35
(SSDI) program or the Supplemental Security Income (SSI) program or from veterans’ disability benefits.
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(14) “Student” means any person not living with his or her parent or guardian who is eligible to be claimed 37
by his or her parent or guardian as a dependent under the federal income tax code and who is enrolled on 38
at least a half-time basis in a secondary school, career center, community college, college, or university.
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(15) “Substandard” means:
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(a) Any unit lacking complete plumbing or sanitary facilities for the exclusive use of the occupants;
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(b) A unit which is in violation of one or more major sections of an applicable housing code and where 42
such violation poses a serious threat to the health of the occupant; or 43
(c) A unit that has been declared unfit for human habitation but that could be rehabilitated for less than 44
50 percent of the property value.
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(16) “Substantial rehabilitation” means repair or restoration of a dwelling unit where the value of such 46
repair or restoration exceeds 40 percent of the value of the dwelling.
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(17) “Very-low-income persons” means one or more natural persons or a family, not including students, 48
the total annual adjusted gross household income of which does not exceed 50 percent of the median 49
annual adjusted gross income for households within the state, or 50 percent of the median annual adjusted 50
gross income for households within the metropolitan statistical area (MSA) or, if not within an MSA, 51
within the county in which the person or family resides, whichever is greater.
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420.502, F.S. – Legislative findings.—
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(8)(b)It is necessary to create a state housing finance strategy to provide affordable workforce housing 3
opportunities to essential services personnel in areas of critical state concern designated under s. 380.05, 4
for which the Legislature has declared its intent to provide affordable housing, and areas that were 5
designated as areas of critical state concern for at least 20 consecutive years before removal of the 6
designation. The lack of affordable workforce housing has been exacerbated by the dwindling availability 7
of developable land, environmental constraints, rising construction and insurance costs, and the shortage 8
of lower-cost housing units. As this state’s population continues to grow, essential services personnel vital 9
to the economies of areas of critical state concern are unable to live in the communities where they work, 10
creating transportation congestion and hindering their quality of life and community engagement.
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420.503, F.S. – Definitions.—
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(18) “Essential services personnel” means natural persons or families whose total annual household 14
income is at or below 120 percent of the area median income, adjusted for household size, and at least 15
one of whom is employed as police or fire personnel, a child care worker, a teacher or other education 16
personnel, health care personnel, a public employee, or a service worker.
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420.5095, F.S. Community Workforce Housing Innovation Pilot Program.–
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(1) The Legislature finds and declares that recent rapid increases in the median purchase price of a home 20
and the cost of rental housing have far outstripped the increases in median income in the state, preventing 21
essential services personnel from living in the communities where they serve and thereby creating the 22
need for innovative solutions for the provision of housing opportunities for essential services personnel.
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(2) The Community Workforce Housing Innovation Pilot Program is created to provide affordable rental 24
and home ownership community workforce housing for essential services personnel affected by the high 25
cost of housing, using regulatory incentives and state and local funds to promote local public-private 26
partnerships and leverage government and private resources.
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(3) For purposes of this section, the term:
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(a) “Workforce housing” means housing affordable to natural persons or families whose total annual 29
household income does not exceed 140 percent of the area median income, adjusted for household size, 30
or 150 percent of area median income, adjusted for household size, in areas of critical state concern 31
designated under s. 380.05, for which the Legislature has declared its intent to provide affordable housing, 32
and areas that were designated as areas of critical state concern for at least 20 consecutive years prior to 33
removal of the designation.
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125.01055, F.S. – Notwithstanding any other provision of law, a county may adopt and maintain in effect any 36
law, ordinance, rule, or other measure that is adopted for the purpose of increasing the supply of affordable 37
housing using land use mechanisms such as inclusionary housing ordinances.
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interest in property to be affected by a proposed amendment. The Director of Planning shall review and 44
process applications as they are received and pass them onto the Development Review Committee and 45
the Planning Commission.
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The Planning Commission shall hold at least one public hearing. The Planning Commission shall review 48
the application, the reports and recommendations of the Department of Planning & Environmental 49
Resources and the Development Review Committee and the testimony given at the public hearing. The 50
Planning Commission shall submit its recommendations and findings to the Board of County 1
Commissioners (BOCC). The BOCC holds a public hearing to consider the transmittal of the proposed 2
comprehensive plan amendment, and considers the staff report, staff recommendation, and the testimony 3
given at the public hearing. The BOCC may or may not recommend transmittal to the State Land 4
Planning Agency. The amendment is transmitted to State Land Planning Agency, which then reviews 5
the proposal and issues an Objections, Recommendations and Comments (ORC) Report. Upon receipt 6
of the ORC report, the County has 180 days to adopt the amendments, adopt the amendments with 7
changes or not adopt the amendment.
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VI. STAFF RECOMMENDATION 10
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Based on the BOCC direction to staff on February 19, 2020 to start the process to accept the 300 12
workforce housing units and on July 15, 2020, to accept the 300 workforce housing early 13
evacuation unit building permit allocations to be used in exchange for existing affordable 14
allocations at multifamily developments (for developers that agree to the early evacuation 15
restriction) and the affordable housing allocations returned to the County (returned in the 16
exchange) be set aside and banked for takings cases (bank them within an administrative relief 17
pool), staff recommends approval.
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The BOCC’s policy direction limits the use of the 300 workforce housing early evacuation unit building 20
permit allocations for only the exchange of affordable allocations and not for the development of new 21
(not approved or built) units, thereby not increasing current development potential. As such, the 22
workforce housing early evacuation unit building permit allocations would be used at sites with existing 23
approvals/dwelling units and require early evacuation of the occupants, but should not otherwise change 24
the development on the site or countywide. The BOCC direction of making this program for the 25
exchange of allocations, maintains the County’s focus on redevelopment and infill by swapping 26
allocations types and including additional requirements (ex: early evacuation) on existing approvals and 27
not incentivizing new development or encroachments into habitat with new development.
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Further, the BOCC policy direction included that the affordable allocations returned to the County in 30
exchange for workforce housing early evacuation unit allocations shall be banked to resolve takings.
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Banking these units may provide the County with an option to address potential liability for future 32
inverse condemnation cases and Bert J. Harris, Jr. Private Property Rights Protection Act cases for the 33
undeveloped, privately-owned parcels in the County which far exceed the remaining permit allocations.
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Staff does not recommend approval of the general acceptance of the 300 workforce housing early 36
evacuation unit building permit allocations, without the criteria and provisions explained above and 37
included in proposed language as identified in Section III (proposed comprehensive plan text 38
amendments) of this Report.
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VIII. EXHIBITS 41
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1. May 2, 2018, Governor Rick Scott press release outlining an initiative to the Florida Department 43
of Economic Opportunity (“DEO”) for a Keys Workforce Housing Initiative.
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2. DEO provided preliminary draft language based on the minimum requirements established in the 45
Keys Workforce Housing Initiative to use as a starting point.
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3. County Takings Claims Bill Whitepaper 47
4. Administrative Law Judge recommended order recommending approval of Marathon, Key West, 1
and Islamorada’s respective ordinances accepting the 300 ROGOs under the Workforce Housing 2
Initiative.
3
5. Islamorada (Ordinance 19-03) Comprehensive Plan amendment to accept the 300 Workforce 4
Housing units 5
6. Marathon (Ordinance 2018-09) Comprehensive Plan amendment to accept the 300 Workforce 6
Housing units 7
7. Key West (Ordinance 19-06) Comprehensive Plan amendment to accept the 300 Workforce 8
Housing units 9
8. Table of Summary of County Actions on 300 Workforce early evacuation units 10
9. DEO Final Order DEO-20-032 upholding the three City amendments.
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