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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to affordable housing; amending ss. 2
125.01055 and 166.04151, F.S.; deleting a provision 3
related to the authorization of multifamily and mixed -4
use residential development uses in any area zoned for 5
industrial use; prohibiting counties and 6
municipalities, respectively, from restricting the 7
floor area ratio of certain proposed developments 8
under certain circumstances; providing that the 9
density or floor area ratio of certain developments, 10
bonuses, variances, or other special exceptions are 11
not included in the calculation of the currently 12
allowed density or floor area ratio by counties and 13
municipalities, respectively; revising prohibitions 14
relating to counties' and municipalities' restrictions 15
of the height of certain proposed developments, 16
respectively; authorizing counties and municipalities, 17
respectively, to restrict the height of proposed 18
developments under certain circumstances; providing 19
that certain factors may not be taken into account in 20
the calculation of the currently allowed height; 21
prohibiting the administrative approval by counties 22
and municipalities, respectively, of a proposed 23
development within a specified proximity to a military 24
installation; making technical changes; revising 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
applicability; authorizing specified developments to 26
be treated as a conforming use; amending s. 196.1978, 27
F.S.; revising the definition of the term "newly 28
constructed"; defining the term "substantial 29
rehabilitation"; revising conditions for when 30
multifamily projects are considered property used for 31
a charitable purpose and are eligible to receive an ad 32
valorem property tax exemption; making technical 33
changes; requiring property appraisers to make certain 34
exemptions from ad valorem property taxes; providing 35
the method for determining the value of a unit for 36
certain purposes; requiring property appraisers to 37
review certain applications and make certain 38
determinations; authorizing property appraisers to 39
request and review additional information; authorizing 40
property appraisers to grant exemptions only under 41
certain conditions; revising requirements for property 42
owners seeking a certification notice from the Florida 43
Housing Finance Corporation; providing that a certain 44
determination by the corporation does not constitute 45
an exemption; specifying requirements for a market 46
value analysis; conforming provisions to changes made 47
by the act; providing for retroactive application; 48
amending s. 333.03, F.S.; excluding certain proposed 49
developments from specified airport zoning provisions; 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
amending s. 420.5096, F.S.; making technical changes; 51
providing an appropriation; providing an effective 52
date. 53
54
Be It Enacted by the Legislature of the State of Florida: 55
56
Section 1. Paragraphs (a) through (d), (f), and (h) of 57
subsection (7) of section 125.01055, Florida Statutes, ar e 58
amended, and subsection (8) is added to that section, to read: 59
125.01055 Affordable housing. — 60
(7)(a) A county must authorize multifamily and mixed -use 61
residential as allowable uses in any area zoned for commercial , 62
industrial, or mixed use if at leas t 40 percent of the 63
residential units in a proposed multifamily rental development 64
are, for a period of at least 30 years, affordable as defined in 65
s. 420.0004. Notwithstanding any other law, local ordinance, or 66
regulation to the contrary, a county may not require a proposed 67
multifamily development to obtain a zoning or land use change, 68
special exception, conditional use approval, variance, or 69
comprehensive plan amendment for the building height, zoning, 70
and densities authorized under this subsection. For m ixed-use 71
residential projects, at least 65 percent of the total square 72
footage must be used for residential purposes. 73
(b) A county may not restrict the density or floor area 74
ratio of a proposed development authorized under this subsection 75
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below the highest currently allowed density or floor area ratio 76
on any unincorporated land in the county where residential 77
development is allowed under the county's land development 78
regulations. The currently allowed density or floor area ratio 79
does not include the densi ty or floor area ratio of any 80
development that meets the requirements of this subsection or 81
any bonuses, variances, or other special exceptions for density 82
or floor area ratio provided in the county's land development 83
regulations as incentives for developm ent. 84
(c) A county may not restrict the height of a proposed 85
development authorized under this subsection below the highest 86
currently allowed height for a commercial or residential 87
building development located in its jurisdiction within one-88
quarter 1 mile of the proposed development or 3 stories, 89
whichever is higher. If the height of each building on property 90
adjacent to the proposed development is 3 stories or less, the 91
county may restrict the height of the proposed development to 92
125 percent of the talle st building on property adjacent to the 93
proposed development or 3 stories, whichever is higher. The 94
currently allowed height does not include the height of any 95
development that meets the requirements of this subsection or 96
any bonuses, variances, or other s pecial exceptions for height 97
provided in the county's land development regulations as 98
incentives for development. 99
(d) A proposed development authorized under this 100
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subsection must be administratively approved and no further 101
action by the board of county c ommissioners is required if the 102
development satisfies the county's land development regulations 103
for multifamily developments in areas zoned for such use and is 104
otherwise consistent with the comprehensive plan, with the 105
exception of provisions establishing allowable densities, 106
height, and land use. Such land development regulations include, 107
but are not limited to, regulations relating to setbacks and 108
parking requirements. A proposed development located within one -109
quarter mile of a military installation ident ified in s. 110
163.3175(2) may not be administratively approved. 111
(f) For proposed multifamily developments in an 112
unincorporated area zoned for commercial or industrial use which 113
is within the boundaries of a multicounty independent special 114
district that was created to provide municipal services and is 115
not authorized to levy ad valorem taxes, and less than 20 116
percent of the land area within such district is designated for 117
commercial or industrial use, a county must authorize, as 118
provided in this subsection, s uch development only if the 119
development is mixed -use residential. 120
(h) This subsection does not apply to airport-impacted 121
areas as provided in s. 333.03 property defined as recreational 122
and commercial working waterfront in s. 342.201(2)(b) in any 123
area zoned as industrial. 124
(8) Any development authorized under paragraph (7)(a) must 125
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be treated as a conforming use even after the expiration of 126
subsection (7) and the development's affordability period as 127
provided in paragraph (7)(a), notwithstanding the county 's 128
comprehensive plan, future land use designation, or zoning. If 129
at any point during the development's affordability period the 130
development violates the affordability period requirement 131
provided in paragraph (7)(a), the development must be allowed a 132
reasonable time to cure such violation. If the violation is not 133
cured within a reasonable time, the development must be treated 134
as a nonconforming use. 135
Section 2. Paragraphs (a) through (d), (f), and (h) of 136
subsection (7) of section 166.04151, Florida Statu tes, are 137
amended, and subsection (8) is added to that section, to read: 138
166.04151 Affordable housing. — 139
(7)(a) A municipality must authorize multifamily and 140
mixed-use residential as allowable uses in any area zoned for 141
commercial, industrial, or mixed use if at least 40 percent of 142
the residential units in a proposed multifamily rental 143
development are, for a period of at least 30 years, affordable 144
as defined in s. 420.0004. Notwithstanding any other law, local 145
ordinance, or regulation to the contrary, a m unicipality may not 146
require a proposed multifamily development to obtain a zoning or 147
land use change, special exception, conditional use approval, 148
variance, or comprehensive plan amendment for the building 149
height, zoning, and densities authorized under thi s subsection. 150
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For mixed-use residential projects, at least 65 percent of the 151
total square footage must be used for residential purposes. 152
(b) A municipality may not restrict the density or floor 153
area ratio of a proposed development authorized under this 154
subsection below the highest currently allowed density or floor 155
area ratio on any land in the municipality where residential 156
development is allowed under the municipality's land development 157
regulations. The currently allowed density or floor area ratio 158
does not include the density or floor area ratio of any 159
development that meets the requirements of this subsection or 160
any bonuses, variances, or other special exceptions for density 161
or floor area ratio provided in the municipality's land 162
development regulation s as incentives for development . 163
(c) A municipality may not restrict the height of a 164
proposed development authorized under this subsection below the 165
highest currently allowed height for a commercial or residential 166
building development located in its jurisdiction within one-167
quarter mile 1 mile of the proposed development or 3 stories, 168
whichever is higher. If the height of each building on property 169
adjacent to the proposed development is 3 stories or less, the 170
municipality may restrict t he height to 125 percent of the 171
tallest building on property adjacent to the proposed 172
development or 3 stories, whichever is higher. The currently 173
allowed height does not include the height of any development 174
that meets the requirements of this subsection or any bonuses, 175
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variances, or other special exceptions for height provided in 176
the municipality's land development regulations as incentives 177
for development. 178
(d) A proposed development authorized under this 179
subsection must be administratively approved and no further 180
action by the governing body of the municipality is required if 181
the development satisfies the municipality's land development 182
regulations for multifamily developments in areas zoned for such 183
use and is otherwise consistent with the comprehensiv e plan, 184
with the exception of provisions establishing allowable 185
densities, height, and land use. Such land development 186
regulations include, but are not limited to, regulations 187
relating to setbacks and parking requirements. A proposed 188
development located wi thin one-quarter mile of a military 189
installation identified in s. 163.3175(2) may not be 190
administratively approved. 191
(f) A municipality that designates less than 20 percent of 192
the land area within its jurisdiction for commercial or 193
industrial use must authorize a proposed multifamily development 194
as provided in this subsection in areas zoned for commercial or 195
industrial use only if the proposed multifamily development is 196
mixed-use residential. 197
(h) This subsection does not apply to airport-impacted 198
areas as provided in s. 333.03 property defined as recreational 199
and commercial working waterfront in s. 342.201(2)(b) in any 200
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area zoned as industrial . 201
(8) Any development authorized under paragraph (7)(a) must 202
be treated as a conforming use even after the expir ation of 203
subsection (7) and the development's affordability period as 204
provided in paragraph (7)(a), notwithstanding the municipality's 205
comprehensive plan, future land use designation, or zoning. If 206
at any point during the development's affordability period the 207
development violates the affordability period requirement 208
provided in paragraph (7)(a), the development must be allowed a 209
reasonable time to cure such violation. If the violation is not 210
cured within a reasonable time, the development must be treated 211
as a nonconforming use. 212
Section 3. Subsection (3) of section 196.1978, Florida 213
Statutes, is amended to read: 214
196.1978 Affordable housing property exemption. — 215
(3)(a) As used in this subsection, the term: 216
1. "Corporation" means the Florida Housing F inance 217
Corporation. 218
2. "Newly constructed" means an improvement or the 219
substantial rehabilitation of an existing improvement to real 220
property which was substantially completed within 5 years before 221
the date of an applicant's first submission of a request for a 222
certification notice or an application for an exemption pursuant 223
to this subsection section, whichever is earlier . 224
3. "Substantially completed" has the same meaning as in s. 225
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192.042(1). 226
4. "Substantial rehabilitation" means the repair or 227
restoration of a unit which increases the market value of such 228
unit by at least 40 percent. 229
(b) Notwithstanding ss. 196.195 and 196.196, portions of 230
property in a multifamily project are considered property used 231
for a charitable purpose and are eligible to receive an ad 232
valorem property tax exemption if such portions meet all of the 233
following conditions : 234
1. Provide affordable housing to natural persons or 235
families meeting the income limitations provided in paragraph 236
(d).; 237
2.a. Are within a newly const ructed multifamily project 238
that contains more than 70 units dedicated to housing natural 239
persons or families meeting the income limitations provided in 240
paragraph (d); or 241
b. Are within a newly constructed multifamily project in 242
an area of critical state c oncern, as designated by s. 380.0552 243
or chapter 28-36, Florida Administrative Code, which contains 244
more than 10 units dedicated to housing natural persons or 245
families meeting the income limitations provided in paragraph 246
(d). and 247
3. Are rented for an amou nt that does not exceed the 248
amount as specified by the most recent multifamily rental 249
programs income and rent limit chart posted by the corporation 250
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and derived from the Multifamily Tax Subsidy Projects Income 251
Limits published by the United States Departme nt of Housing and 252
Urban Development or 90 percent of the fair market value rent as 253
determined by a rental market study meeting the requirements of 254
paragraph (l) (m), whichever is less. 255
(c) If a unit that in the previous year received qualified 256
for the exemption under this subsection and was occupied by a 257
tenant is vacant on January 1, the vacant unit is eligible for 258
the exemption if the use of the unit is restricted to providing 259
affordable housing that would otherwise meet the requirements of 260
this subsection and a reasonable effort is made to lease the 261
unit to eligible persons or families. 262
(d)1. The property appraiser shall exempt: 263
a. Seventy-five percent of the assessed value of the units 264
in multifamily projects that meet the requirements of this 265
subsection and are Qualified property used to house natural 266
persons or families whose annual household income is greater 267
than 80 percent but not more than 120 percent of the median 268
annual adjusted gross income for households within the 269
metropolitan statistical area or, if not within a metropolitan 270
statistical area, within the county in which the person or 271
family resides; and, must receive an ad valorem property tax 272
exemption of 75 percent of the assessed value. 273
b.2. From ad valorem property taxes the units in 274
multifamily projects that meet the requirements of this 275
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subsection and are Qualified property used to house natural 276
persons or families whose annual household income does not 277
exceed 80 percent of the median annual adjusted gross income for 278
households within the metropolitan statistical area or, if not 279
within a metropolitan statistical area, within the county in 280
which the person or family resides , is exempt from ad valorem 281
property taxes. 282
2. When determining the value of a unit for purposes of 283
applying an exemption pursuant to this paragraph, the property 284
appraiser must include in such valuation the proportionate share 285
of the residential common areas, including the land, fairly 286
attributable to such unit. 287
(e) To be eligible to receive an exemption under t his 288
subsection, a property owner must submit an application on a 289
form prescribed by the department by March 1 for the exemption, 290
accompanied by a certification notice from the corporation to 291
the property appraiser. The property appraiser shall review the 292
application and determine whether the applicant meets all of the 293
requirements of this subsection and is entitled to an exemption. 294
A property appraiser may request and review additional 295
information necessary to make such determination. A property 296
appraiser may grant an exemption only for a property for which 297
the corporation has issued a certification notice and which the 298
property appraiser determines is entitled to an exemption. 299
(f) To receive a certification notice, a property owner 300
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must submit a request t o the corporation for certification on a 301
form provided by the corporation which includes all of the 302
following: 303
1. The most recently completed rental market study meeting 304
the requirements of paragraph (l) (m). 305
2. A list of the units for which the proper ty owner seeks 306
an exemption. 307
3. The rent amount received by the property owner for each 308
unit for which the property owner seeks an exemption. If a unit 309
is vacant and qualifies for an exemption under paragraph (c), 310
the property owner must provide evidence of the published rent 311
amount for each vacant unit. 312
4. If the units for which the property owner seeks an 313
exemption have been substantially rehabilitated but have not 314
been certified previously by the corporation pursuant to 315
paragraph (g), a market value analysis meeting the requirements 316
of paragraph (m) demonstrating that the units meet the 317
definition of substantial rehabilitation in subparagraph (a)4. 318
After receiving an initial certification notice for 319
substantially rehabilitated units, a property owner is not 320
required to submit a new market value analysis when requesting 321
certification notices for subsequent years. 322
5. A sworn statement, under penalty of perjury, from the 323
applicant restricting the property for a period of not less than 324
3 years to housing persons or families who meet the income 325
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limitations under this subsection. 326
(g) The corporation shall review the request for a 327
certification notice and certify whether a property that meets 328
the eligibility criteria of paragraphs (b) and (c) this 329
subsection. A determination by the corporation regarding a 330
request for a certification notice does not constitute a grant 331
of an exemption pursuant to this subsection or final agency 332
action pursuant to chapter 120. 333
1. If the corporation determines that th e property meets 334
the eligibility criteria for an exemption under this subsection , 335
the corporation must send a certification notice to the property 336
owner and the property appraiser. 337
2. If the corporation determines that the property does 338
not meet the eligibility criteria, the corporation must notify 339
the property owner and include the reasons for such 340
determination. 341
(h) The corporation shall post on its website the deadline 342
to submit a request for a certification notice. The deadline 343
must allow adequate t ime for a property owner to submit a timely 344
application for exemption to the property appraiser. 345
(i) The property appraiser shall review the application 346
and determine if the applicant is entitled to an exemption. A 347
property appraiser may grant an exempti on only for a property 348
for which the corporation has issued a certification notice. 349
(j) If the property appraiser determines that for any year 350
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during the immediately previous 10 years a person who was not 351
entitled to an exemption under this subsection wa s granted such 352
an exemption, the property appraiser must serve upon the owner a 353
notice of intent to record in the public records of the county a 354
notice of tax lien against any property owned by that person in 355
the county, and that property must be identifie d in the notice 356
of tax lien. Any property owned by the taxpayer and situated in 357
this state is subject to the taxes exempted by the improper 358
exemption, plus a penalty of 50 percent of the unpaid taxes for 359
each year and interest at a rate of 15 percent per a nnum. If an 360
exemption is improperly granted as a result of a clerical 361
mistake or an omission by the property appraiser, the property 362
owner improperly receiving the exemption may not be assessed a 363
penalty or interest. 364
(j)(k) Units subject to an agreement with the corporation 365
pursuant to chapter 420 recorded in the official records of the 366
county in which the property is located to provide housing to 367
natural persons or families meeting the extremely -low-income, 368
very-low-income, or low-income limits specified in s. 420.0004 369
are not eligible for this exemption. 370
(k)(l) Property receiving an exemption pursuant to s. 371
196.1979 is not eligible for this exemption. 372
(l)(m) A rental market study submitted as required by 373
subparagraph (f)1. paragraph (f) must identify the fair market 374
value rent of each unit for which a property owner seeks an 375
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exemption. Only a certified general appraiser as defined in s. 376
475.611 may issue a rental market study. The certified general 377
appraiser must be independent of the property owner who requests 378
the rental market study. In preparing the rental market study, a 379
certified general appraiser shall comply with the standards of 380
professional practice pursuant to part II of chapter 475 and use 381
comparable property within the same geographic area and of the 382
same type as the property for which the exemption is sought. A 383
rental market study must have been completed within 3 years 384
before submission of the application. 385
(m) A market value analysis submitted as requir ed by 386
subparagraph (f)4. must identify the change in the market value 387
of the unit attributable to the rehabilitation of the unit, 388
expressed as a percentage of the market value before the 389
rehabilitation, for each unit that has undergone rehabilitation. 390
Only a certified general appraiser as defined in s. 475.611 may 391
issue a market value analysis. The certified general appraiser 392
must be independent of the property owner who requests the 393
market value analysis. In preparing the market value analysis, a 394
certified general appraiser shall comply with the standards of 395
professional practice pursuant to part II of chapter 475 and use 396
comparable property within the same geographic area and of the 397
same type as the property for which the exemption is sought. 398
(n) The corporation may adopt rules to implement this 399
section. 400
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(o) This subsection first applies to the 2024 tax roll and 401
is repealed December 31, 2059. 402
Section 4. The amendments made by this act to s. 196.1978, 403
Florida Statutes, are intended to be remedial and clarifying in 404
nature and apply retroactively to January 1, 2024. 405
Section 5. Present subsection (5) of section 333.03, 406
Florida Statutes, is redesignated as subsection (6), and a new 407
subsection (5) is added to that section, to read: 408
333.03 Requirement to adopt airport zoning regulations. — 409
(5) Sections 125.01055(7) and 166.04151(7) do not apply to 410
any of the following: 411
(a) A proposed development within 10,000 feet of the 412
nearest point of any existing airport runway or planned airport 413
runway identified in the local government's airport master plan. 414
(b) A proposed development within any airport noise zone 415
identified in the federal land use compatibility table. 416
(c) A proposed development that exceeds maximum height 417
restrictions identified in the pol itical subdivision's airport 418
zoning regulation adopted pursuant to this section. 419
Section 6. Subsection (3) of section 420.5096, Florida 420
Statutes, is amended to read: 421
420.5096 Florida Hometown Hero Program. — 422
(3) For loans made available pursuant to s. 423
420.507(23)(a)1. or 2., the corporation may underwrite and make 424
those mortgage loans through the program to persons or families 425
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who have household incomes that do not exceed 150 percent of the 426
state median income or local median income, whichever is 427
greater. A borrower must be seeking to purchase a home as a 428
primary residence; must be a first -time homebuyer and a Florida 429
resident; and must be employed full -time by a Florida-based 430
employer. The borrower must provide documentation of full -time 431
employment, or full-time status for self -employed individuals , 432
of 35 hours or more per week . The requirement to be a first -time 433
homebuyer does not apply to a borrower who is an active duty 434
servicemember of a branch of the armed forces or the Florida 435
National Guard, as defined in s. 250.01, or a veteran. 436
Section 7. For the 2024-2025 fiscal year, from the funds 437
received and deposited into the General Revenue Fund from the 438
state's allocation from the federal Coronavirus State Fiscal 439
Recovery Fund created under the Ame rican Rescue Plan Act of 440
2021, Pub. L. No. 117 -2, the sum of $100 million in nonrecurring 441
funds is appropriated to the State Housing Trust Fund for use by 442
the Florida Housing Finance Corporation to implement the Florida 443
Hometown Hero Program established in s. 420.5096, Florida 444
Statutes. 445
Section 8. This act shall take effect upon becoming a law. 446