August 18, 2023
TO: Jose ‘PEPE’ Diaz, Mayor
FROM: Jorge L. Vera, Zoning Official
RE: Senate Bill 102 (SB102) ____________________________________________________________________________________________
As a result of SB 102, counties and cities are required to update and electronically publish the inventory of publicly owned properties that may be appropriate for affordable housing development. The 2023 Florida Statutes Section 166.0451 – Disposition of municipal property for affordable housing, reads as follow, (1) By October 1, 2023, and every 3 years thereafter, each municipality shall prepare an inventory list of all real property within its jurisdiction to which the municipality or any dependent special district within its boundaries holds fee simple title which is appropriate for use as affordable housing. The inventory list must include the address and legal description of each such property and specify whether the property is vacant or improved. The governing body of the municipality must review the inventory list at a public hearing and may revise it at the conclusion of the public hearing. Following the public hearing, the governing body of the municipality shall adopt a resolution that includes an inventory list of such property. Each municipality shall make the inventory list publicly available on its website to encourage potential development. (2)The properties identified as appropriate for use as affordable housing on the inventory list adopted by the municipality may be used for affordable housing through a long-term land lease requiring the development and maintenance of affordable housing, offered for sale and the proceeds used to purchase land for the development of affordable housing or to increase the local government fund earmarked for affordable housing, sold with a restriction that requires the development of the property as permanent affordable housing, or donated to a nonprofit housing organization for the construction of permanent affordable housing. Alternatively, the municipality or special district may otherwise make the property available for use for the production and preservation of permanent affordable housing. For purposes of this section, the term “affordable” has the same meaning as in s. 420.0004(3). (3)Municipalities are encouraged to adopt best practices for surplus land programs, including, but not limited to: (a)Establishing eligibility criteria for the receipt or purchase of surplus land by developers; (b)Making the process for requesting surplus lands publicly available; and (c)Ensuring long-term affordability through ground leases by retaining the right of first refusal to purchase property that would be sold or offered at market rate and by requiring reversion of property not used for affordable housing within a certain timeframe. City Staff has reviewed its list of City owned properties and determined that there are no properties that are appropriate affordable housing development principally because they are not buildable or the properties are being used for governmental offices and/or public facility sites. After discussion with the City Attorney and in order to comply with the Florida Statutes requirements as stated above, we recommend that the City Commission acknowledge staff finding this memo and be placed in the minutes of the meeting. Staff can place a hyper link on the City website indicating that “No properties are listed or available at this time”. 1701 NW 112 Avenue, Unit #102, Sweetwater, Florida 33174 / Phone 305-485-4522 / Fax 305-221-2541
https://cityofsweetwater.fl.gov/wp-content/uploads/2023/09/SB102-Memorandum.pdf