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9J-5.010 Housing Element


The purpose of this element is to provide guidance to local governments to develop appropriate plans and policies to meet identified or projected deficits in the supply of housing for moderate income, low income, and very low income households, group homes, foster care facilities, and households with special housing needs, including rural and farmworker housing. These plans and policies shall address government activities as well as provide direction and assistance to the efforts of the private sector.

(1) Housing Element Data Requirements. The element shall be based upon the following data requirements pursuant to subsection 9J-5.005(2), F.A.C.

(a) An inventory taken from the latest decennial United States Census or more recent estimates, including the affordable housing needs assessment, when available, which shall include the number and distribution of dwelling units by type, tenure, age, rent, value, monthly cost of owner-occupied units, and rent or cost to income ratio.

(b) Each municipality shall compare those housing characteristics in paragraph (a) deemed significant by the municipality with those housing characteristics of its county.

(c) An inventory using data from the latest decennial United States Census, or more recent estimates, including the affordable housing needs assessment, showing the number of dwelling units that are substandard. Substandard units are those that fail to meet the applicable building code, the minimum housing code, or that lack complete plumbing; lack complete kitchen facilities; lack central heating; or are overcrowded. Local governments may determine that units without heating are not substandard if they are located in areas where the temperature extremes do not indicate heating as a life safety factor. The inventory shall include an estimate of the structural condition of housing within the local government???s jurisdiction, by the number and generalized location of dwelling units in standard and substandard condition. The inventory shall also include the methodology used to estimate the condition of housing.

(d) An inventory of renter-occupied housing developments currently using federal, state or local subsidies. For each development listed, show the subsidy program, and number of units.

(e) An inventory of group homes licensed by the Florida Department of Children and Family Services, including the type, number, generalized location and capacity.

(f) An inventory of existing mobile home parks licensed by the Florida Department of Children and Family Services and mobile home condominiums, cooperatives and subdivisions including the generalized location and capacity.

(g) An inventory of historically significant housing listed on the Florida Master Site File, National Register of Historic Places or designated as historically significant by or in accordance with a local ordinance, and shall include their generalized locations.

(h) An inventory of the amount of housing construction activity affecting changes in the number of housing units within the local government???s jurisdiction based on new construction, conversions, mobile home placements, and removals, in number of units for the years since the latest decennial United States Census.

(2) Housing Analysis Requirements. The element shall be based upon following analyses which support the comprehensive plan pursuant to subsection 9J-5.005(2), F.A.C.

(a) A projection of the anticipated number of households by size and income range derived from the population projections in paragraph 9J-5.005(2)(e), F.A.C.;

(b) The housing need of the current and anticipated future residents of the jurisdiction, including an affordable housing needs assessment, when available, and including separate estimates of need for rural and farmworker households, by number, type, cost or rent, tenure, and any other special housing needs, and shall include estimates for the replacement of housing units removed and for the maintenance of an adequate vacancy rate. Each local government shall utilize the data and analysis from the state land planning agency???s affordable housing needs assessment as one basis for the housing element. The local government, at its option, may supplement the affordable housing needs assessment with locally generated data which more accurately assesses housing need for very low- or low-income households;

(c) The land requirements for the total estimated housing need;

(d) The portion of the housing need which can be projected to be met by the private sector within current market conditions. The housing expected to be supplied shall be shown by type, tenure, cost or rent, and income range of households served;

(e) The existing housing delivery system, including the private sector housing delivery process, with regard to land, services, financing, regulations and administrative roles of government agencies to identify problems and opportunities affecting the capacity of such housing delivery system, with the objective of effecting improvements to that system to increase its efficiency in meeting the goals of this element; and

(f) Means for accomplishment of each of the following:

1. The provision of housing with supporting infrastructure for all current and anticipated future residents of the jurisdiction with particular emphasis on the creation or preservation of affordable housing to minimize the need for additional local services and avoid the concentration of affordable housing units only in specific areas of the jurisdiction;

2. The elimination of substandard housing conditions and for the structural and aesthetic improvement of housing;

3. The provision of adequate sites for housing for very-low-income, low-income and moderate-income households, and for mobile homes;

4. The provision of adequate sites in residential areas or areas of residential character for group homes and foster care facilities licensed or funded by the Florida Department of Children and Family Services; and

5. The identification of conservation, rehabilitation or demolition activities, and historically significant housing or neighborhoods.

(3) Requirements for Housing Goals, Objectives and Policies.

(a) The element shall contain one or more goal statements which establish the long-term end toward which housing programs and activities are ultimately directed.

(b) The element shall contain one or more specific objectives for each goal statement which address the requirements of paragraph 163.3177(6)(f), F.S., and which provide for:

1. The creation and/or preservation of affordable housing for all current and anticipated future residents of the jurisdiction, and households with special housing needs including rural and farmworker housing;

2. The elimination of substandard housing conditions, and for the structural and aesthetic improvement of existing housing;

3. Adequate sites and distribution of housing for very-low-income, low-income and moderate-income households, and adequate sites for mobile and manufactured homes;

4. Adequate sites in residential areas or areas of residential character for group homes and foster care facilities licensed or funded by the Florida Department of Children and Family Services;

5. The conservation, rehabilitation or demolition of housing, including the identification of historically significant housing;

6. Relocation housing; and

7. The formulation of housing implementation programs.

(c) The element shall contain one or more policies for each objective which address implementation activities for the:

1. Involvement, including partnerships, of local government with the private and non-profit sectors to improve coordination among participants involved in housing production;

2. Specific programs and actions to streamline the permitting process and minimize costs and delays for housing, especially affordable housing;

3. Establishment of standards addressing the quality of housing, stabilization of neighborhoods and identification and improvement of historically significant housing;

4. Establishment of principles to guide conservation, rehabilitation and demolition program techniques and strategies;

5. Establishment of principles and criteria guiding the location of housing for very-low-income, low-income and moderate-income households, mobile homes, manufactured homes, group homes and foster care facilities, and households with special housing needs including rural and farmworker households, and including supporting infrastructure and public facilities.

6. Establishment of principles and criteria consistent with Chapter 419, F.S., guiding the location of group homes and foster care facilities licensed or funded by the Florida Department of Children and Family Services that foster non-discrimination, and encourage the development of community residential alternatives to institutionalization including supporting infrastructure and public facilities;

7. Utilization of federal, state and local subsidy programs;

8. The utilization of job training, job creation and economic solutions to address a portion of their affordable housing concerns

is an optional policy area encouraged by Section 163.3177(6)(f)1.g., F.S.;

9. Provision of relocation housing; and

10. Confirming current arrangements with other local governments concerning affordable housing. If it is not economically feasible to meet affordable housing needs within its jurisdiction because of unusually high property values within its jurisdiction, or

if meeting that demand within its jurisdiction would require the direction of populations toward coastal high hazard areas, a local government may satisfy this criterion by having entered into an interlocal agreement with a nearby local government; and

11. Designating within its jurisdiction sufficient sites at sufficient densities to accommodate the need for affordable housing over the planning timeframe.

Specific Authority 163.3177(9), (10) FS. Law Implemented 163.3177(1), (5), (6)(f), (8), (9), (10), 163.3178 FS. History???New 3-6-86, Amended

10-20-86, 3-23-94, 5-18-94, 2-25-01.