The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Community Affairs
BILL: SB 962
INTRODUCER: Senator Bradley
SUBJECT: Mixed-use Residential Development Projects for Affordable Housing
DATE: January 4, 2022
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Hackett Ryon CA Pre-meeting
2. TR
3. RC
I. Summary:
SB 962 authorizes a county or municipality, regardless of zoning ordinances or the locality’s
comprehensive plan, to approve the development of mixed-use residential development projects
on any parcel zoned for residential, commercial, or industrial use if a portion of the project is for
affordable housing. Current law authorizes a county or municipality to approve the development
of affordable housing regardless of zoning ordinances or the locality’s comprehensive plan, but
does not specifically address mixed-use residential projects.
The sponsor of a project so approved must additionally agree not to apply for or receive funding
from the state’s multi-family affordable housing program, known as the State Apartment
Incentive Loan (SAIL), limiting eligible projects to those not already seeking SAIL funding.
The bill clarifies that the new and existing provisions allowing affordable housing projects to
circumvent comprehensive plans and other ordinances are self-executing and do not require
further action by local governments before using this approval process.
The bill takes effect upon becoming a law.
II. Present Situation:
Comprehensive Plans and Amendments
The Growth Management Act requires every city and county to create and implement a
comprehensive plan to guide future development.
1
A locality’s comprehensive plan lays out the
locations for future public facilities, including roads, water and sewer facilities, neighborhoods,
parks, schools, and commercial and industrial developments. A comprehensive plan is made up
1
Section 163.3167(2), F.S.
REVISED: BILL: SB 962 Page 2
of elements, each laying out regulations for a different facet of development. There are 10
required elements,
2
most relevant among them:
The land use element of the plan designates proposed future general distribution, location,
and extent of the uses of land. Specified use designations include those for residential,
commercial, industry, agriculture, recreation, conservation, education, and public facilities.
3
The housing element of the plan sets forth guidelines and strategies for the creation and
preservation of affordable housing for all current and anticipated future residents of the
jurisdiction, elimination of substandard housing conditions, provision of adequate sites for
future housing, and distribution of housing for a range of incomes and types.
4
Development that does not conform to the comprehensive plan may not be approved by a local
government unless the local government amends its comprehensive plan first. State law requires
a proposed comprehensive plan amendment to receive public hearings, the first held by the local
planning board.
5
The local government must then hold an initial public hearing regarding the
proposed amendment and subsequently transmit it to several statutorily identified reviewing
agencies, including the Department of Economic Opportunity (DEO), the relevant Regional
Planning Council, and adjacent local governments that request to participate in the review
process.
6
The process for approving comprehensive plan amendments is bifurcated. Most plan
amendments are placed into the Expedited State Review Process, while plan amendments
relating to large-scale developments are placed into the State Coordinated Review Process.
7
Zoning and Amendments to Zoning
In addition to maintaining each comprehensive plan, local governments regulate aspects of land
development by enacting ordinances that address local zoning, rezoning, subdivision, building
construction, landscaping, tree protection, sign regulations, or any other regulations controlling
the development of land.
8
Statutes prescribe regular and emergency ordinance adoption procedures for counties and
municipalities. Ordinances or resolutions that change the actual list of permitted, conditional, or
prohibited uses within a zoning category or ordinances or resolutions initiated by the local
government that change the actual zoning map designation of a parcel or parcels of land must
2
Section 163.3177(6), F.S. The 10 required elements include capital improvements; future land use plan; transportation;
general sanitary sewer, solid waste, drainage, potable water, and natural groundwater aquifer recharge; conservation;
recreation and open space; housing; coastal management; intergovernmental coordination; and property rights. Throughout
statutes exist plans and programs that may be added as optional elements.
3
Section 163.3177(6)(a), F.S.
4
Section 163. 3177(6)(f), F.S.
5
Sections 163.3174(4)(a) and 163.3184, F.S.
6
Section 163.3184, F.S.
7
See ss. 163.3184 and 380.06, F.S. In the Expedited State Review Process, DEO reviews and approves or amends the
proposed comprehensive plan amendment. This process can take 4 to 6 months. The State Coordinated Review Process is a
more thorough, complex, multi-phase process. For more information, see Florida Department of Economic Opportunity,
Amendments that Must Follow the State Coordinated Review Process; Procedures and Timeframes, available at
https://floridajobs.org/community-planning-and-development/programs/community-planning-table-of-contents/amendments-
that-must-follow-the-state-coordinated-review-process-procedures-and-timeframes (last visited January 4, 2022).
8
See ss. 163.3164 and 163.3213, F.S. Pursuant to s. 163.3213, F.S., substantially affected persons have the right to maintain
administrative actions which assure that land development regulations implement and are consistent with the local
comprehensive plan. BILL: SB 962 Page 3
follow additional enhanced notice requirements.
9
If the area affected is less than 10 acres, the
local government is required to notify by mail each property owner and hold a public meeting to
discuss the ordinance or resolution before passage.
10
If the area affected is 10 acres or greater the
local government must hold two separate meetings at which to discuss the changes, and notice
the public through either mail to each property owner or to the public generally by newspaper.
11
Affordable Housing
Affordable housing is safe and decent housing. It differs from market rate housing in two ways:
the income of the family living in the housing; and the financing of the housing.
12
Affordable
housing is defined in terms of the income of the people living in the home. Housing is considered
affordable when monthly rent or mortgage payments including taxes and insurance do not
exceed 30 percent of the household income.
13
It is generally accepted that a lower income family
spending more than 30-40 percent of its income on housing costs will be cost burdened and not
have enough money left over to pay for items such as transportation, food, clothing and
healthcare.
14
What makes housing affordable is a decrease in monthly rent or mortgage payments, allowing a
family to pay less for the housing than it otherwise would cost at “market rate.” Lower monthly
payments are a result of affordable housing financing to support homeownership and rental
housing, provided through public sector programs at the federal, state and local level.
15
Resident eligibility for Florida’s state and federally funded housing programs is typically
governed by area median income (AMI) levels, published annually by the U.S. Department of
Housing and Urban Development (HUD) for every county and metropolitan area. The following
are standard household income level definitions and their relationship to the 2021 Florida state
AMI of $70,000 for a family of four (as family size increases or decreases, the income range also
increases or decreases):
16
Extremely low income – earning up to 30 percent AMI (at or below $21,000);
17
Very low income – earning from 30.01 to 50 percent AMI ($21,001 to $35,000);
18
Low income – earning from 50.01 to 80 percent AMI ($35,001 to $56,000);
19
and
Moderate income – earning from 80.01 to 120 percent of AMI ($56,001 to $84,000).
20
9
See sections 125.66(4) and 166.041(3), F.S.
10
Id.
11
Id.
12
Affordable Housing Workgroup, 2017 Final Report, page 5, available at: https://www.floridahousing.org/docs/default-
source/aboutflorida/august2017/ahwg-report_2017-web-print.pdf?sfvrsn=2 (last visited December 28, 2021).
13
Section 420.0004(3), F.S. Public housing, commonly referred to as Section 8 Housing, is provided by local housing
agencies (HAs) for low-income residents. Funding for HAs is provided directly from HUD.
14
Supra note 12.
15
Id.
16
U.S. Department of Housing and Urban Development, Income Limits, Access Individual Income Limits Areas – Click Here
for FY 2021 IL Documentation, available at https://www.huduser.gov/portal/datasets/il.html#2021 (last visited December 3,
2021).
17
Section 420.0004(9), F.S.
18
Section 420.0004(17), F.S.
19
Section 420.0004(11), F.S.
20
Section 420.0004(12), F.S. BILL: SB 962 Page 4
Florida Housing Finance Corporation
The Florida Housing Finance Corporation (Florida Housing) is a public corporation created by
the Legislature to assist in providing a range of affordable housing opportunities for Florida
residents. Florida Housing administers federal and state resources to make loans, guarantees of
loans, and to issue bonds to finance the development and preservation of affordable homeowner
and rental housing and assist homebuyers with financing and down payment assistance.
21
Florida Housing is eligible to receive both state and federal funding to execute its affordable
housing programs. Principal state funding, if appropriated, comes from documentary stamp tax
revenues distributed to the State Housing Trust Fund and the Local Government Housing Trust
Fund.
22
Programs supported by the two trust funds include the State Apartment Incentive Loan
Program (SAIL)
23
and the State Housing Initiatives Partnership Program (SHIP).
24
The SAIL program provides low-interest loans on a competitive basis to affordable housing
developers as gap financing for the construction or substantial rehabilitation of multifamily
affordable housing developments.
25
Applicants may include individuals, public entities,
nonprofit organizations, or for-profit organizations that propose the construction or substantial
rehabilitation of multifamily units affordable to very-low-income individuals and families. In
most cases, the SAIL loan cannot exceed 25 percent of the total development cost and can be
used in conjunction with other state and federal programs.
The SHIP program provides funds to all 67 counties and Florida’s larger cities on a population
based formula to finance and preserve affordable housing for very low, low, and moderate
income families based on locally adopted housing plans.
Statutory Guidance on County and Municipal Affordable Housing
As part of ongoing efforts to ensure citizens have access to affordable housing options, the
Legislature has enacted various policies to encourage the development of affordable housing at
the local level in addition to state programs. In 2001, the Legislature authorized counties and
municipalities to “adopt and maintain in effect any law, ordinance, rule, or other measure that is
adopted for the purpose of increasing the supply of affordable housing using land use
mechanisms such as inclusionary housing ordinances”
regardless of other provisions of law.
26
“Inclusionary housing ordinances,” often called inclusionary “zoning” ordinances, are
ordinances by which a local government will require affordable housing units as a prerequisite to
21
See Overview of Florida Housing Finance Corporation, Florida Housing Finance Corporation, available at
https://www.floridahousing.org/docs/default-source/aboutflorida/august2017/august2017/tab8.pdf, (last visited December 28,
2021).
22
Section 201.15, F.S.
23
Section 420.5087, F.S.
24
Sections 420.907-420.9089, F.S.
25
See section 420.5087, F.S., and Florida Housing, State Apartment Incentive Loan, Background, for information cited in this
section, available at http://www.floridahousing.org/programs/developers-multifamily-programs/state-apartment-incentive-
loan (last visited January 4, 2022).
26
Sections 125.01055 and 166.04151, F.S.; Sections 15 and 16, ch. 2001-252, Laws of Fla. BILL: SB 962 Page 5
approving development of market rate units.
27
The intent of such ordinances is to increase the
production of affordable housing in general and also in specific geographic areas with a greater
need for affordable housing.
28
More recently, in 2020, the Legislature enacted legislation to authorize counties and
municipalities, notwithstanding any other provision of law, to approve the development of
housing that is affordable on any parcel zoned for residential, commercial, or industrial use.
29
This allows counties and municipalities to approve developments which include affordable
housing on any parcel without amending the locality’s comprehensive plan or zoning ordinances,
saving time and effort for both local governments and developers of affordable housing. The law
is silent as to whether developments allowed to bypass comprehensive plans and zoning
ordinances include mixed-use developments, as contemplated by the bill.
III. Effect of Proposed Changes:
The bill amends ss. 125.01055(6) and 166.04151(6), F.S., to authorize a county or municipality,
respectively, notwithstanding any other provision of law, to approve the development of mixed-
use residential development projects
30
on any parcel zoned for residential, commercial, or
industrial use if a portion of the project is for housing that is affordable. The sponsor of the
project must additionally agree not to apply for or receive SAIL program funding, limiting
eligible projects to those not already seeking SAIL funding.
The bill also clarifies that new and existing provisions allowing affordable housing projects to
circumvent comprehensive plans and other ordinances are self-executing and do not require
further action by local governments before using this approval process.
The bill takes effect upon becoming a law.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
27
Ross, J. and Outka, U., The Florida Housing Coalition, Inclusionary Housing: A Challenge Worth Taking, available at
https://www.flhousing.org/wp-content/uploads/2012/05/Inclusionary-Housing-A-Challenge-Worth-Taking.pdf (last visited
January 4, 2022).
28
Id.
29
Sections 125.01055(6) and 166.04151(6), F.S.; Sections 1 and 6, ch. 2020-27, Laws of Fla.
30
While “mixed-use residential development” is not defined in statute, it is generally accepted to include any development
combining two or more land uses, so long as one is residential. The other use could be retail, professional, or any other use.
See generally Tyler Adams, Mixed-Use Zoning, available at https://sustainablecitycode.org/brief/mixed-use-zoning/ (last
visited December 8, 2021). BILL: SB 962 Page 6
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
Developers incorporating affordable housing into development projects may benefit from
bypassing comprehensive plan amendments and other delays in project approval.
C. Government Sector Impact:
Local governments may experience greater efficiencies in approving developments
including affordable housing components.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends sections 125.01055 and 166.04151 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None. BILL: SB 962 Page 7
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.