FL
Florida House Bill H1239

Florida 2024 Regular Session

Florida House Bill H1239 Compare Versions

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1010 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
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1414 A bill to be entitled 1
1515 An act relating to affordable housing; amending ss. 2
1616 125.01055 and 166.04151, F.S.; clarifying application; 3
1717 prohibiting counties and municipalities, respectively, 4
1818 from restricting the floor area ratio of certain 5
1919 proposed developments under certain circumsta nces; 6
2020 providing that the density, floor area ratio, or 7
2121 height of certain developments, bonuses, variances, or 8
2222 other special exceptions are not included in the 9
2323 calculation of the currently allowed density, floor 10
2424 area ratio, or height by counties and municip alities, 11
2525 respectively; authorizing counties and municipalities, 12
2626 respectively, to restrict the height of proposed 13
2727 developments under certain circumstances; prohibiting 14
28-counties and municipalities, respectively, from using 15
29-public hearings or any other quasi -judicial board or 16
30-reviewing body to approve a proposed development in 17
31-certain circumstances; prohibiting counties and 18
32-municipalities, respectively, from restricting the 19
33-maximum lot size of a proposed development below a 20
34-specified size allowed under land de velopment 21
35-regulations; prohibiting the administrative approval 22
36-by counties and municipalities, respectively, of a 23
37-proposed development within a specified proximity to a 24
38-military installation; requiring counties and 25
28+the administrative approval by counties and 15
29+municipalities, respectively, of a proposed 16
30+development within a specified proximity to a military 17
31+installation; requiring counties and municipalities, 18
32+respectively, to maintain a certain policy on their 19
33+websites; requiring counties and municipalities, 20
34+respectively, to consider reducing parking 21
35+requirements under certain circumstances; requiring 22
36+counties and municipalities, respectively, to reduce 23
37+or eliminate parking requirements for certain proposed 24
38+mixed-use developments that meet certain requirements; 25
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4747 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
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51-municipalities, respectively, to maintain a certain 26
52-policy on their websites; requiring counties and 27
53-municipalities, respectively, to reduce parking 28
54-requirements by a specified percentage under certain 29
55-circumstances; requiring counties and municipalities, 30
56-respectively, to reduce or eliminate park ing 31
57-requirements for certain proposed mixed -use 32
58-developments that meet certain requirements; providing 33
59-certain requirements for developments located within a 34
60-transit-oriented development or area; defining the 35
61-term "major transportation hub"; providing 36
62-requirements for developments authorized located 37
63-within a transit-oriented development or area; 38
64-clarifying that a county or municipality, 39
65-respectively, is not precluded from granting 40
66-additional exceptions; clarifying that a proposed 41
67-development is not preclude d from receiving a bonus 42
68-for density, height, or floor area ratio if specified 43
69-conditions are satisfied; requiring that such bonuses 44
70-be administratively approved by counties and 45
71-municipalities, respectively; defining the term 46
72-"commercial use"; revising app licability; authorizing 47
73-that specified developments be treated as a conforming 48
74-use under certain circumstances; authorizing that 49
75-specified developments be treated as a nonconforming 50
51+providing certain requirements for development s 26
52+located within a transit -oriented development or area; 27
53+defining the term "major transportation hub"; 28
54+providing requirements for developments authorized 29
55+located within a transit -oriented development or area; 30
56+clarifying that a county or municipality, 31
57+respectively, is not precluded from granting 32
58+additional exceptions; clarifying that a proposed 33
59+development is not precluded from receiving a bonus 34
60+for density, height, or floor area ratio if specified 35
61+conditions are satisfied; requiring that such bonuses 36
62+be administratively approved by counties and 37
63+municipalities, respectively; revising applicability; 38
64+authorizing that specified developments be treated as 39
65+a conforming use under certain circumstances; 40
66+authorizing that specified developments be treated as 41
67+a nonconforming use under certain circumstances; 42
68+authorizing an applicant for certain proposed 43
69+development to notify a county or municipality, as 44
70+applicable, of its intent to proceed under certain 45
71+provisions; requiring counties and municipalities to 46
72+allow certain applicants to submit a revised 47
73+application, written request, or notice of intent; 48
74+amending s. 196.1978, F.S.; revising the definition of 49
75+the term "newly constructed"; revising conditions for 50
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8484 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
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88-use under certain circumstances; prohibiting review or 51
89-approval by a county or municipality of an application 52
90-for development permit or order from being conditioned 53
91-upon the waiver, forbearance, or abandonment of any 54
92-development right; deeming any such waiver, 55
93-forbearance, or abandonment void; limiting review or 56
94-approval by a county or municipality of an application 57
95-for development of nonresidential uses to requested 58
96-uses; authorizing an applicant for certain proposed 59
97-development to notify a county or municipality, as 60
98-applicable, of its intent to proceed under certain 61
99-provisions; requiring counties and municipalities to 62
100-allow certain applicants to submit a revised 63
101-application, written request, or notice of intent; 64
102-amending s. 196.1978, F.S.; revising the definition of 65
103-the term "newly constructed"; revising conditions for 66
104-when multifamily projects are considered property used 67
105-for a charitable purpose and are eligible to receive 68
106-an ad valorem property tax exemption; requiring 69
107-property appraisers to make certain exemptions from ad 70
108-valorem property taxes; providing the method for 71
109-determining the value of a unit for certain purposes; 72
110-requiring property appraisers to review certain 73
111-applications and make certain determinations; 74
112-authorizing property appraisers to request and review 75
88+when multifamily projects are considered property used 51
89+for a charitable purpose and are eligible to receive 52
90+an ad valorem property tax exemption; requiring 53
91+property appraisers to make certain exemptions from ad 54
92+valorem property taxes; providing the method for 55
93+determining the value of a unit for certain purposes; 56
94+requiring property appraisers to review certain 57
95+applications and make certain determinations; 58
96+authorizing property appraisers to request and review 59
97+additional information; authorizing property 60
98+appraisers to grant exemptions only under certain 61
99+conditions; revising requirements for property owners 62
100+seeking a certification notice from the Florida 63
101+Housing Finance Corporation; providing that a certain 64
102+determination by the corporation does not constitute 65
103+an exemption; conforming provisions to changes made by 66
104+the act; amending s. 196.1979, F.S.; revising the 67
105+value to which a certain ad valorem property tax 68
106+exemption applies; revising a condition of eligibility 69
107+for vacant residential units to qualify for a certain 70
108+ad valorem property tax exemption; revising the 71
109+deadline for an application for exemption; revising 72
110+deadlines by which boards and governing bodies must 73
111+deliver to or notify the Department of Revenue of the 74
112+adoption, repeal, or expiration of certain ordinances; 75
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121121 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
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125-additional information; authorizing property 76
126-appraisers to grant exemptions only under certain 77
127-conditions; revising requirements for property owners 78
128-seeking a certification notice from the Florida 79
129-Housing Finance Corporation; providing that a certain 80
130-determination by the corporation does not constitute 81
131-an exemption; conforming provisions to changes made by 82
132-the act; amending s. 196.1979, F.S.; revising the 83
133-value to which a certain ad valorem property tax 84
134-exemption applies; revising a condition of eligibility 85
135-for vacant residential units to qualify for a certain 86
136-ad valorem property tax exemption; revising the 87
137-deadline for an application for exemption; revising 88
138-deadlines by which boards and governing bodies must 89
139-deliver to or notify the Department of Revenue of the 90
140-adoption, repeal, or expiration of certain ordinances; 91
141-requiring property appraisers to review certain 92
142-applications and make certain determinations; 93
143-authorizing property appraisers to request and review 94
144-additional information; authorizing property 95
145-appraisers to grant exemptions only under certain 96
146-conditions; providing the method for determining the 97
147-value of a unit for certain purposes; providing for 98
148-retroactive application; amending s. 333.03, F.S.; 99
149-excluding certain proposed developments from specified 100
125+requiring property appraisers to review certain 76
126+applications and make certain determinations; 77
127+authorizing property appraisers to request and review 78
128+additional information; authorizing property 79
129+appraisers to grant exemptions only under certain 80
130+conditions; providing the method for determining the 81
131+value of a unit for certain purposes; providing for 82
132+retroactive application; amending s. 333.03, F.S.; 83
133+excluding certain proposed developments from specified 84
134+airport zoning provisions; amending s. 420.507, F.S.; 85
135+revising the enumerated powers of the corporation; 86
136+amending s. 420.5096, F.S.; deleting required working 87
137+hours under the Florida Hometown Hero Program; 88
138+amending s. 420.518, F.S.; specifying conditions under 89
139+which the corporation may preclude applicants from 90
140+corporation programs; providing an appropriation; 91
141+providing an effective date. 92
142+ 93
143+Be It Enacted by the Legislature of the State of Florida: 94
144+ 95
145+ Section 1. Subsection (7) of section 125.01055, Florida 96
146+Statutes, is amended, and subsection (8) is added to that 97
147+section, to read: 98
148+ 125.01055 Affordable housing. — 99
149+ (7)(a) A county must authorize multifamily and mixed -use 100
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158158 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
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162-airport zoning provisions; amending s. 420.507, F.S.; 101
163-revising the enumerated powers of the corporation; 102
164-amending s. 420.50871, F.S.; defining the term "urban 103
165-infill"; prohibiting certain projects from requiring 104
166-certain tax credits or bond financing; amending s. 105
167-420.50872, F.S.; prohibiting certain projects from 106
168-requiring certain tax credits or bond financing; 107
169-amending s. 420.5096, F.S.; deleting required working 108
170-hours under the Florida Hometown Hero Program; 109
171-amending s. 420.518, F.S.; specifying conditions under 110
172-which the corporation may preclude applicants from 111
173-corporation programs; providing an appropriation; 112
174-providing an effective date. 113
175- 114
176-Be It Enacted by the Legislature of the State of Florida: 115
177- 116
178- Section 1. Subsection (7) of section 125.01055, Florida 117
179-Statutes, is amended, and subsections (8) and (9) ar e added to 118
180-that section, to read: 119
181- 125.01055 Affordable housing. — 120
182- (7)(a) A county must authorize multifamily and mixed -use 121
183-residential as allowable uses on any site owned by a county and 122
184-in any area zoned for commercial, industrial, or mixed use , or 123
185-any zoning district permitting commercial, industrial, or mixed 124
186-uses, if at least 40 percent of the residential units in a 125
162+residential as allowable uses in any area zoned for commercial, 101
163+industrial, or mixed use if at least 40 percent of the 102
164+residential units in a proposed multifamily rental development 103
165+are rental units that, for a period of at least 30 years, are 104
166+affordable as defined in s. 420.0004. Notwithstanding any other 105
167+law, local ordinance, or regulation to the contrary, a county 106
168+may not require a proposed multifamily development to obtain a 107
169+zoning or land use ch ange, special exception, conditional use 108
170+approval, variance, or comprehensive plan amendment for the 109
171+building height, zoning, and densities authorized under this 110
172+subsection. For mixed -use residential projects, at least 65 111
173+percent of the total square footag e must be used for residential 112
174+purposes. 113
175+ (b) A county may not restrict the density of a proposed 114
176+development authorized under this subsection below the highest 115
177+currently allowed density on any unincorporated land in the 116
178+county where residential developme nt is allowed under the 117
179+county's land development regulations. For purposes of this 118
180+paragraph, the term "highest currently allowed density" does not 119
181+include the density of any building that met the requirements of 120
182+this subsection or the density of any buil ding that has received 121
183+any bonus, variance, or other special exception for density 122
184+provided in the county's land development regulations as an 123
185+incentive for development . 124
186+ (c) A county may not restrict the floor area ratio of a 125
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195195 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
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199-proposed multifamily rental development are rental units that, 126
200-for a period of at least 30 years, are affordable as defined in 127
201-s. 420.0004. Notwithstanding any other law, local ordinance, or 128
202-regulation to the contrary, a county may not require a proposed 129
203-multifamily development to obtain a zoning or land use change, 130
204-special exception, conditional use approval, variance, or 131
205-comprehensive plan amendment for the building height, zoning, 132
206-and densities authorized under this subsection. For mixed -use 133
207-residential projects, at least 65 percent of the total square 134
208-footage must be used for residential purposes. 135
209- (b) A county may not restrict the den sity of a proposed 136
210-development authorized under this subsection below the highest 137
211-currently allowed density on any unincorporated land in the 138
212-county where residential development is allowed under the 139
213-county's land development regulations. For purposes of t his 140
214-paragraph, the term "highest currently allowed density" does not 141
215-include the density of any building that met the requirements of 142
216-this subsection or the density of any building that has received 143
217-any bonus, variance, or other special exception for densi ty 144
218-provided in the county's land development regulations as an 145
219-incentive for development . 146
220- (c) A county may not restrict the floor area ratio of a 147
221-proposed development authorized under this subsection below 150 148
222-percent of the highest currently allowed flo or area ratio on any 149
223-unincorporated land in the county where development is allowed 150
199+proposed development authori zed under this subsection below 150 126
200+percent of the highest currently allowed floor area ratio on any 127
201+unincorporated land in the county where development is allowed 128
202+under the county's land development regulations. For purposes of 129
203+this paragraph, the term "h ighest currently allowed floor area 130
204+ratio" does not include the floor area ratio of any building 131
205+that met the requirements of this subsection or the floor area 132
206+ratio of any building that has received any bonus, variance, or 133
207+other special exception for floo r area ratio provided in the 134
208+county's land development regulations as an incentive for 135
209+development. For purposes of this subsection, the term "floor 136
210+area ratio" includes floor lot ratio. 137
211+ (d)1.(c) A county may not restrict the height of a 138
212+proposed development authorized under this subsection below the 139
213+highest currently allowed height for a commercial or residential 140
214+building development located in its jurisdiction within 1 mile 141
215+of the proposed development or 3 stories, whichever is higher. 142
216+For purposes of this paragraph, the term "highest currently 143
217+allowed height" does not include the height of any building that 144
218+met the requirements of this subsection or the height of any 145
219+building that has received any bonus, variance, or other special 146
220+exception for height p rovided in the county's land development 147
221+regulations as an incentive for development. 148
222+ 2. If the proposed development is adjacent to, on two or 149
223+more sides, a parcel zoned for single -family residential use 150
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232232 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
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236-under the county's land development regulations. For purposes of 151
237-this paragraph, the term "highest currently allowed floor area 152
238-ratio" does not include the floor area ratio of any building 153
239-that met the requirements of this subsection or the floor area 154
240-ratio of any building that has received any bonus, variance, or 155
241-other special exception for floor area ratio provided in the 156
242-county's land development regulations as an incenti ve for 157
243-development. For purposes of this subsection, the term "floor 158
244-area ratio" includes floor lot ratio. 159
245- (d)1.(c) A county may not restrict the height of a 160
246-proposed development authorized under this subsection below the 161
247-highest currently allowed height for a commercial or residential 162
248-building development located in its jurisdiction within 1 mile 163
249-of the proposed development or 3 stories, whichever is higher. 164
250-For purposes of this paragraph, the term "highest currently 165
251-allowed height" does not include the height of any building that 166
252-met the requirements of this subsection or the height of any 167
253-building that has received any bonus, variance, or other special 168
254-exception for height provided in the county's land development 169
255-regulations as an incentive for develop ment. 170
256- 2. If the proposed development is adjacent to, on two or 171
257-more sides, a parcel zoned for single -family residential use 172
258-which is within a single -family residential development with at 173
259-least 25 contiguous single -family homes, the county may restrict 174
260-the height of the proposed development to 150 percent of the 175
236+which is within a single -family residential develo pment with at 151
237+least 25 contiguous single -family homes, the county may restrict 152
238+the height of the proposed development to 150 percent of the 153
239+tallest building on any property adjacent to the proposed 154
240+development, the highest currently allowed height for the 155
241+property provided in the county's land development regulations, 156
242+or 3 stories, whichever is higher. For the purposes of this 157
243+paragraph, the term "adjacent to" means those properties sharing 158
244+more than one point of a property line, but does not include 159
245+properties separated by a public road. 160
246+ (e)(d) A proposed development authorized under this 161
247+subsection must be administratively approved and no further 162
248+action by the board of county commissioners is required if the 163
249+development satisfies the county's land develo pment regulations 164
250+for multifamily developments in areas zoned for such use and is 165
251+otherwise consistent with the comprehensive plan, with the 166
252+exception of provisions establishing allowable densities, floor 167
253+area ratios, height, and land use. Such land develo pment 168
254+regulations include, but are not limited to, regulations 169
255+relating to setbacks and parking requirements. A proposed 170
256+development located within one -quarter mile of a military 171
257+installation identified in s. 163.3175(2) may not be 172
258+administratively approve d. Each county shall maintain on its 173
259+website a policy containing procedures and expectations for 174
260+administrative approval pursuant to this subsection. 175
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269269 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
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273-tallest building on any property adjacent to the proposed 176
274-development, the highest currently allowed height for the 177
275-property provided in the county's land development regulations, 178
276-or 3 stories, whichever is higher. For the purposes of this 179
277-paragraph, the term "adjacent to" means those properties sharing 180
278-more than one point of a property line, but does not include 181
279-properties separated by a public road. 182
280- (e)1.(d) A proposed development authorized un der this 183
281-subsection must be administratively approved and no public 184
282-hearings or any further action by the board of county 185
283-commissioners or any other quasi-judicial board or reviewing 186
284-body is required if the development satisfies the county's land 187
285-development regulations for multifamily developments in areas 188
286-zoned for such use and is otherwise consistent with the 189
287-comprehensive plan, with the exception of provisions 190
288-establishing allowable densities, floor area ratios, height, and 191
289-land use. Such land developme nt regulations include, but are not 192
290-limited to, regulations relating to setbacks and parking 193
291-requirements. 194
292- 2. A county may not restrict the maximum lot size of a 195
293-proposed development authorized under this paragraph below the 196
294-highest currently allowed max imum lot size on any unincorporated 197
295-land in the county where multifamily or mixed -use residential 198
296-development is allowed under the county's land development 199
297-regulations. 200
273+ (f)1.(e) A county must consider reducing parking 176
274+requirements for a proposed development authorized unde r this 177
275+subsection if the development is located within one-quarter one-178
276+half mile of a major transit stop, as defined in the county's 179
277+land development code, and the major transit stop is accessible 180
278+from the development. 181
279+ 2. A county must reduce parking req uirements by at least 182
280+20 percent for a proposed development authorized under this 183
281+subsection if the development: 184
282+ a. Is located within one -half mile of a major 185
283+transportation hub that is accessible from the proposed 186
284+development by safe, pedestrian -friendly means, such as 187
285+sidewalks, crosswalks, elevated pedestrian or bike paths, or 188
286+other multimodal design features; and 189
287+ b. Has available parking within 600 feet of the proposed 190
288+development which may consist of options such as on -street 191
289+parking, parking lots, or parking garages available for use by 192
290+residents of the proposed development. However, a county may not 193
291+require that the available parking compensate for the reduction 194
292+in parking requirements. 195
293+ 3. A county must eliminate parking requirements for a 196
294+proposed mixed-use residential development authorized under this 197
295+subsection within an area recognized by the county as a transit -198
296+oriented development or area, as provided in paragraph (h). 199
297+ 4. For purposes of this paragraph, the term "major 200
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306306 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
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310- 3. A proposed development located within one -quarter mile 201
311-of a military installation identified in s. 163.3175(2) may not 202
312-be administratively approved. Each county shall maintain on its 203
313-website a policy containing procedures and expectations for 204
314-administrative approval pursuant to this subsection. 205
315- (f)1.(e) A county must reduce consider reducing parking 206
316-requirements by at least 20 percent for a proposed development 207
317-authorized under this subsection if the development : 208
318- a. Is located within one-quarter one-half mile of a major 209
319-transit stop, as defined in the county's land development code, 210
320-and the major transit stop is accessible from the development. 211
321- b. Is located within one -half mile of a major 212
322-transportation hub that is accessible from the proposed 213
323-development by safe, pedestrian -friendly means, such as 214
324-sidewalks, crosswalks, elevated pedestrian or bike paths, or 215
325-other multimodal design features. 216
326- c. Has available parking within 600 feet of the proposed 217
327-development which may consist of options such as on -street 218
328-parking, parking lots, or parking garages available for use by 219
329-residents of the proposed development. However, a county may not 220
330-require that the available parking compensate for the reduction 221
331-in parking requirements. 222
332- 2. A county must eliminate parking requirements for a 223
333-proposed mixed-use residential development authorized unde r this 224
334-subsection within an area recognized by the county as a transit -225
310+transportation hub" means any transit station, whether bus, 201
311+train, or light rail, which is served by public transit with a 202
312+mix of other transportation options. 203
313+ (g)(f) For proposed multifamily developments in an 204
314+unincorporated area zoned for commercial or industrial us e which 205
315+is within the boundaries of a multicounty independent special 206
316+district that was created to provide municipal services and is 207
317+not authorized to levy ad valorem taxes, and less than 20 208
318+percent of the land area within such district is designated for 209
319+commercial or industrial use, a county must authorize, as 210
320+provided in this subsection, such development only if the 211
321+development is mixed -use residential. 212
322+ (h) A proposed development authorized under this 213
323+subsection which is located within a transit -oriented 214
324+development or area, as recognized by the county, must be mixed -215
325+use residential and otherwise comply with requirements of the 216
326+county's regulations applicable to the transit -oriented 217
327+development or area except for use, height, density, floor area 218
328+ratio, and parking as provided in this subsection or as 219
329+otherwise agreed to by the county and the applicant for the 220
330+development. 221
331+ (i)(g) Except as otherwise provided in this subsection, a 222
332+development authorized under this subsection must comply with 223
333+all applicable state and local laws and regulations. 224
334+ (j)1. Nothing in this subsection precludes a county from 225
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343343 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
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347-oriented development or area, as provided in paragraph (h). 226
348- 3. For purposes of this paragraph, the term "major 227
349-transportation hub" means any transit station, whether bus, 228
350-train, or light rail, which is served by public transit with a 229
351-mix of other transportation options. 230
352- (g)(f) For proposed multifamily developments in an 231
353-unincorporated area zoned for commercial or industrial use which 232
354-is within the boundaries of a multicounty independ ent special 233
355-district that was created to provide municipal services and is 234
356-not authorized to levy ad valorem taxes, and less than 20 235
357-percent of the land area within such district is designated for 236
358-commercial or industrial use, a county must authorize, as 237
359-provided in this subsection, such development only if the 238
360-development is mixed -use residential. 239
361- (h) A proposed development authorized under this 240
362-subsection which is located within a transit -oriented 241
363-development or area, as recognized by the county, must b e mixed-242
364-use residential and otherwise comply with requirements of the 243
365-county's regulations applicable to the transit -oriented 244
366-development or area except for use, height, density, floor area 245
367-ratio, and parking as provided in this subsection or as 246
368-otherwise agreed to by the county and the applicant for the 247
369-development. 248
370- (i)(g) Except as otherwise provided in this subsection, a 249
371-development authorized under this subsection must comply with 250
347+granting a bonus, variance, conditional use, or other special 226
348+exception for height, density, or floor area ratio in addition 227
349+to the height, density, and floo r area ratio requirements in 228
350+this subsection. 229
351+ 2. Nothing in this subsection precludes a proposed 230
352+development authorized under this subsection from receiving a 231
353+bonus for density, height, or floor area ratio pursuant to an 232
354+ordinance or regulation of the ju risdiction where the proposed 233
355+development is located if the proposed development satisfies the 234
356+conditions to receive the bonus except for any condition which 235
357+conflicts with this subsection. If a proposed development 236
358+qualifies for such bonus, the bonus must be administratively 237
359+approved by the county and no further action by the board of 238
360+county commissioners is required. 239
361+ (k)(h) This subsection does not apply to : 240
362+ 1. Airport-impacted areas as provided in s. 333.03. 241
363+ 2. Property defined as recreational and commercial working 242
364+waterfront in s. 342.201(2)(b) in any area zoned as industrial. 243
365+ (l)(i) This subsection expires October 1, 2033. 244
366+ (8) Any development authorized under paragraph (7)(a) must 245
367+be treated as a conforming use even after the expiration of 246
368+subsection (7) and the development's affordability period as 247
369+provided in paragraph (7)(a), notwithstanding the county's 248
370+comprehensive plan, future land use designation, or zoning. If 249
371+at any point during the development's affordability period the 250
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374374
375375
376376
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378-hb1239-02-c2
379-Page 11 of 38
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380380 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
381381
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384-all applicable state and local laws and regulations. 251
385- (j)1. Nothing in this subsection precludes a county from 252
386-granting a bonus, variance, conditional use, or other special 253
387-exception for height, density, or floor area ratio in addition 254
388-to the height, density, and floor area ratio requirements in 255
389-this subsection. 256
390- 2. Nothing in this subsection precludes a proposed 257
391-development authorized under this subsection from receiving a 258
392-bonus for density, height, or floor area ratio pursuant to an 259
393-ordinance or regulation of the jurisdiction where the proposed 260
394-development is located if th e proposed development satisfies the 261
395-conditions to receive the bonus except for any condition which 262
396-conflicts with this subsection. If a proposed development 263
397-qualifies for such bonus, the bonus must be administratively 264
398-approved by the county and no further action by the board of 265
399-county commissioners is required. 266
400- (k) As used in this subsection, the term "commercial use" 267
401-means activities associated with the sale, rental, or 268
402-distribution of products or the sale or performance of services. 269
403-The term includes, but is not limited to, retail, office, 270
404-entertainment, and other for -profit business activities. 271
405- (1)(h) This subsection does not apply to : 272
406- 1. Airport-impacted areas as provided in s. 333.03. 273
407- 2. Property defined as recreational and commercial working 274
408-waterfront in s. 342.201(2)(b) in any area zoned as industrial. 275
384+development violates the affordability period requirement 251
385+provided in paragraph (7)(a), the development must be allowed a 252
386+reasonable time to cure such violation. If the violation is not 253
387+cured within a reasonable time, the development must be treated 254
388+as a nonconforming use. 255
389+ Section 2. Subsection (7) of section 166.04151, Florida 256
390+Statutes, is amended, and subsection (8) is added to that 257
391+section, to read: 258
392+ 166.04151 Affordable housing. — 259
393+ (7)(a) A municipality must authorize multifamily and 260
394+mixed-use residential as a llowable uses in any area zoned for 261
395+commercial, industrial, or mixed use if at least 40 percent of 262
396+the residential units in a proposed multifamily rental 263
397+development are rental units that, for a period of at least 30 264
398+years, are affordable as defined in s. 420.0004. Notwithstanding 265
399+any other law, local ordinance, or regulation to the contrary, a 266
400+municipality may not require a proposed multifamily development 267
401+to obtain a zoning or land use change, special exception, 268
402+conditional use approval, variance, or comprehensive plan 269
403+amendment for the building height, zoning, and densities 270
404+authorized under this subsection. For mixed -use residential 271
405+projects, at least 65 percent of the total square footage must 272
406+be used for residential purposes . 273
407+ (b) A municipality may not restrict the density of a 274
408+proposed development authorized under this subsection below the 275
409409
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417417 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
418418
419419
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421- (m)(i) This subsection expires October 1, 2033. 276
422- (8) Any development authorized under paragraph (7)(a) must 277
423-be treated as a conforming use even after the expiration of 278
424-subsection (7) and the development's affordability period as 279
425-provided in paragraph (7)(a), notwithstanding the county's 280
426-comprehensive plan, future land use designation, or zoning. If 281
427-at any point during the development's affordability period the 282
428-development violates the afforda bility period requirement 283
429-provided in paragraph (7)(a), the development must be allowed a 284
430-reasonable time to cure such violation. If the violation is not 285
431-cured within a reasonable time, the development must be treated 286
432-as a nonconforming use. 287
433- (9)(a) County review or approval of an application for 288
434-development permit or development order may not be conditioned 289
435-upon the waiver, forbearance, or abandonment of any development 290
436-right authorized by this section. Any such waiver, forbearance, 291
437-or abandonment is void . 292
438- (b) County review of any application for development of 293
439-nonresidential uses is limited to the requested uses and may not 294
440-consider whether other uses are allowed under this section. 295
441- Section 2. Subsection (7) of section 166.04151, Florida 296
442-Statutes, is amended, and subsections (8) and (9) are added to 297
443-that section, to read: 298
444- 166.04151 Affordable housing. — 299
445- (7)(a) A municipality must authorize multifamily and 300
421+highest currently allowed density on any land in the 276
422+municipality where residential development is allowed under the 277
423+municipality's land development regulations. For purposes of 278
424+this paragraph, the term "highest currently allowed density" 279
425+does not include the density of any building that met the 280
426+requirements of this subsection or the density of any building 281
427+that has received any bonus, va riance, or other special 282
428+exception for density provided in the municipality's land 283
429+development regulations as an incentive for development . 284
430+ (c) A municipality may not restrict the floor area ratio 285
431+of a proposed development authorized under this subsectio n below 286
432+150 percent of the highest currently allowed floor area ratio on 287
433+any land in the municipality where development is allowed under 288
434+the municipality's land development regulations. For purposes of 289
435+this paragraph, the term "highest currently allowed fl oor area 290
436+ratio" does not include the floor area ratio of any building 291
437+that met the requirements of this subsection or the floor area 292
438+ratio of any building that has received any bonus, variance, or 293
439+other special exception for floor area ratio provided in th e 294
440+municipality's land development regulations as an incentive for 295
441+development. For purposes of this subsection, the term "floor 296
442+area ratio" includes floor lot ratio. 297
443+ (d)1.(c) A municipality may not restrict the height of a 298
444+proposed development authorized under this subsection below the 299
445+highest currently allowed height for a commercial or residential 300
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449449
450450
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452-hb1239-02-c2
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454454 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
455455
456456
457457
458-mixed-use residential as allowable uses on any site owned by a 301
459-municipality and in any area zoned for commercial, industrial, 302
460-or mixed use, or any zoning district permitting commercial, 303
461-industrial, or mixed -use uses, if at least 40 percent of the 304
462-residential units in a proposed multifamily rental development 305
463-are rental units that, for a period of at least 30 years, are 306
464-affordable as defined in s. 420.0004. Notwithstanding any other 307
465-law, local ordinance, or regulation to the contrary, a 308
466-municipality may not require a proposed multifamily development 309
467-to obtain a zoning or land use change, special exc eption, 310
468-conditional use approval, variance, or comprehensive plan 311
469-amendment for the building height, zoning, and densities 312
470-authorized under this subsection. For mixed -use residential 313
471-projects, at least 65 percent of the total square footage must 314
472-be used for residential purposes. 315
473- (b) A municipality may not restrict the density of a 316
474-proposed development authorized under this subsection below the 317
475-highest currently allowed density on any land in the 318
476-municipality where residential development is allowed under the 319
477-municipality's land development regulations. For purposes of 320
478-this paragraph, the term "highest currently allowed density" 321
479-does not include the density of any building that met the 322
480-requirements of this subsection or the density of any building 323
481-that has received any bonus, variance, or other special 324
482-exception for density provided in the municipality's land 325
458+building development located in its jurisdiction within 1 mile 301
459+of the proposed development or 3 stories, whichever is higher. 302
460+For purposes of this paragraph, the term "highest currently 303
461+allowed height" does not include the height of any building that 304
462+met the requirements of this subsection or the height of any 305
463+building that has received any bonus, variance, or other special 306
464+exception for height provided in the municipality's land 307
465+development regulations as an incentive for development. 308
466+ 2. If the proposed development is adjacent to, on two or 309
467+more sides, a parcel zoned for single -family residential use 310
468+that is within a single -family residential development with at 311
469+least 25 contiguous single -family homes, the municipality may 312
470+restrict the height of the proposed development to 150 percent 313
471+of the tallest building on any property adjacent to the proposed 314
472+development, the highest currently allowed height for the 315
473+property provided in the municipality's land development 316
474+regulations, or 3 stories, whichever is higher. For the purposes 317
475+of this paragraph, the term "adjacent to" means those properties 318
476+sharing more than one point of a property line, but does not 319
477+include properties separated by a public road. 320
478+ (e)(d) A proposed development authorized under this 321
479+subsection must be administratively approved and no further 322
480+action by the governing body of the municipality is required if 323
481+the development satisfies the municipality' s land development 324
482+regulations for multifamily developments in areas zoned for such 325
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486486
487487
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489-hb1239-02-c2
490-Page 14 of 38
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491491 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
492492
493493
494494
495-development regulations as an incentive for development . 326
496- (c) A municipality may not restrict the floor area ratio 327
497-of a proposed development authorize d under this subsection below 328
498-150 percent of the highest currently allowed floor area ratio on 329
499-any land in the municipality where development is allowed under 330
500-the municipality's land development regulations. For purposes of 331
501-this paragraph, the term "highes t currently allowed floor area 332
502-ratio" does not include the floor area ratio of any building 333
503-that met the requirements of this subsection or the floor area 334
504-ratio of any building that has received any bonus, variance, or 335
505-other special exception for floor are a ratio provided in the 336
506-municipality's land development regulations as an incentive for 337
507-development. For purposes of this subsection, the term "floor 338
508-area ratio" includes floor lot ratio. 339
509- (d)1.(c) A municipality may not restrict the height of a 340
510-proposed development authorized under this subsection below the 341
511-highest currently allowed height for a commercial or residential 342
512-building development located in its jurisdiction within 1 mile 343
513-of the proposed development or 3 stories, whichever is higher. 344
514-For purposes of this paragraph, the term "highest currently 345
515-allowed height" does not include the height of any building that 346
516-met the requirements of this subsection or the height of any 347
517-building that has received any bonus, variance, or other special 348
518-exception for height provided in the municipality's land 349
519-development regulations as an incentive for development. 350
495+use and is otherwise consistent with the comprehensive plan, 326
496+with the exception of provisions establishing allowable 327
497+densities, floor area ratios, height, and land use. Suc h land 328
498+development regulations include, but are not limited to, 329
499+regulations relating to setbacks and parking requirements. A 330
500+proposed development located within one -quarter mile of a 331
501+military installation identified in s. 163.3175(2) may not be 332
502+administratively approved. Each municipality shall maintain on 333
503+its website a policy containing procedures and expectations for 334
504+administrative approval pursuant to this subsection. 335
505+ (f)1.(e) A municipality must consider reducing parking 336
506+requirements for a proposed de velopment authorized under this 337
507+subsection if the development is located within one-quarter one-338
508+half mile of a major transit stop, as defined in the 339
509+municipality's land development code, and the major transit stop 340
510+is accessible from the development. 341
511+ 2. A municipality must reduce parking requirements by at 342
512+least 20 percent for a proposed development authorized under 343
513+this subsection if the development: 344
514+ a. Is located within one -half mile of a major 345
515+transportation hub that is accessible from the proposed 346
516+development by safe, pedestrian -friendly means, such as 347
517+sidewalks, crosswalks, elevated pedestrian or bike paths, or 348
518+other multimodal design features. 349
519+ b. Has available parking within 600 feet of the proposed 350
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528528 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
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532- 2. If the proposed development is adjacent to, on two or 351
533-more sides, a parcel zoned for single -family residential use 352
534-that is within a single -family residential development with at 353
535-least 25 contiguous single -family homes, the municipality may 354
536-restrict the height of the proposed development to 150 percent 355
537-of the tallest building on any property adjacent to the proposed 356
538-development, the highest currently allow ed height for the 357
539-property provided in the municipality's land development 358
540-regulations, or 3 stories, whichever is higher. For the purposes 359
541-of this paragraph, the term "adjacent to" means those properties 360
542-sharing more than one point of a property line, but does not 361
543-include properties separated by a public road. 362
544- (e)1.(d) A proposed development authorized under this 363
545-subsection must be administratively approved and no public 364
546-hearings or any further action by the governing body of the 365
547-municipality or any other quasi-judicial board or reviewing body 366
548-is required if the development satisfies the municipality's land 367
549-development regulations for multifamily developments in areas 368
550-zoned for such use and is otherwise consistent with the 369
551-comprehensive plan, with the exc eption of provisions 370
552-establishing allowable densities, floor area ratios, height, and 371
553-land use. Such land development regulations include, but are not 372
554-limited to, regulations relating to setbacks and parking 373
555-requirements. 374
556- 2. A municipality may not restri ct the maximum lot size of 375
532+development which may consist of options such as on-street 351
533+parking, parking lots, or parking garages available for use by 352
534+residents of the proposed development. However, a municipality 353
535+may not require that the available parking compensate for the 354
536+reduction in parking requirements. 355
537+ 3. A municipality mu st eliminate parking requirements for 356
538+a proposed mixed-use residential development authorized under 357
539+this subsection within an area recognized by the municipality as 358
540+a transit-oriented development or area, as provided in paragraph 359
541+(h). 360
542+ 4. For purposes of this paragraph, the term "major 361
543+transportation hub" means any transit station, whether bus, 362
544+train, or light rail, which is served by public transit with a 363
545+mix of other transportation options. 364
546+ (g)(f) A municipality that designates less than 20 percent 365
547+of the land area within its jurisdiction for commercial or 366
548+industrial use must authorize a proposed multifamily development 367
549+as provided in this subsection in areas zoned for commercial or 368
550+industrial use only if the proposed multifamily development is 369
551+mixed-use residential. 370
552+ (h) A proposed development authorized under this 371
553+subsection which is located within a transit -oriented 372
554+development or area, as recognized by the municipality, must be 373
555+mixed-use residential and otherwise comply with requirements of 374
556+the municipality's regulations applicable to the transit -375
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565565 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
566566
567567
568568
569-a proposed development authorized under this paragraph below the 376
570-highest currently allowed maximum lot size on any unincorporated 377
571-land in the municipality where multifamily or mixed -use 378
572-residential development is allowed under th e municipality's land 379
573-development regulations. 380
574- 3. A proposed development located within one -quarter mile 381
575-of a military installation identified in s. 163.3175(2) may not 382
576-be administratively approved. Each municipality shall maintain 383
577-on its website a polic y containing procedures and expectations 384
578-for administrative approval pursuant to this subsection. 385
579- (f)1.(e) A municipality must reduce consider reducing 386
580-parking requirements by at least 20 percent for a proposed 387
581-development authorized under this subsectio n if the development : 388
582- a. Is located within one-quarter one-half mile of a major 389
583-transit stop, as defined in the municipality's land development 390
584-code, and the major transit stop is accessible from the 391
585-development. 392
586- b. Is located within one -half mile of a major 393
587-transportation hub that is accessible from the proposed 394
588-development by safe, pedestrian -friendly means, such as 395
589-sidewalks, crosswalks, elevated pedestrian or bike paths, or 396
590-other multimodal design features. 397
591- c. Has available parking within 600 feet of the proposed 398
592-development which may consist of options such as on -street 399
593-parking, parking lots, or parking garages available for use by 400
569+oriented development or area except for use, height, density, 376
570+floor area ratio, and parking as provided in this subsection or 377
571+as otherwise agreed to by the municipality and the applicant for 378
572+the development. 379
573+ (i)(g) Except as otherwise provided in this subsection, a 380
574+development authorized under this subsection must comply with 381
575+all applicable state and local laws and regulations. 382
576+ (j)1. Nothing in this subsection precludes a municipality 383
577+from granting a bonus, variance, conditional use, or other 384
578+special exception to height, density, or floor area ratio in 385
579+addition to the height, density, and floor area ratio 386
580+requirements in this subsection. 387
581+ 2. Nothing in this subsection precludes a proposed 388
582+development authorized under this subsection from receiving a 389
583+bonus for density, height, or floor area ratio pursuant to an 390
584+ordinance or regulation of the jurisdiction where the proposed 391
585+development is located if the proposed development satisfies the 392
586+conditions to receive the bonus except for any condition which 393
587+conflicts with this subsection. If a proposed development 394
588+qualifies for such bonus, the bonus must be administratively 395
589+approved by the municipality and no further action by the 396
590+governing body of the municipali ty is required. 397
591+ (k)(h) This subsection does not apply to : 398
592+ 1. Airport-impacted areas as provided in s. 333.03. 399
593+ 2. Property defined as recreational and commercial working 400
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602602 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
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604604
605605
606-residents of the proposed development. However, a municipality 401
607-may not require that the available parking compensate for the 402
608-reduction in parking requirements. 403
609- 2. A municipality must eliminate parking requirements for 404
610-a proposed mixed-use residential development authorized under 405
611-this subsection within an area recognized by the municipality as 406
612-a transit-oriented development or area, as provided in paragraph 407
613-(h). 408
614- 3. For purposes of this paragraph, the term "major 409
615-transportation hub" means any transit station, whether bus, 410
616-train, or light rail, which is served by public transit with a 411
617-mix of other transportation o ptions. 412
618- (g)(f) A municipality that designates less than 20 percent 413
619-of the land area within its jurisdiction for commercial or 414
620-industrial use must authorize a proposed multifamily development 415
621-as provided in this subsection in areas zoned for commercial or 416
622-industrial use only if the proposed multifamily development is 417
623-mixed-use residential. 418
624- (h) A proposed development authorized under this 419
625-subsection which is located within a transit -oriented 420
626-development or area, as recognized by the municipality, must be 421
627-mixed-use residential and otherwise comply with requirements of 422
628-the municipality's regulations applicable to the transit -423
629-oriented development or area except for use, height, density, 424
630-floor area ratio, and parking as provided in this subsection or 425
606+waterfront in s. 342.201(2)(b) in any area zoned as industrial. 401
607+ (l)(i) This subsection expires October 1, 2033. 402
608+ (8) Any development authorized under paragraph (7)(a) must 403
609+be treated as a conforming use even after the expiration of 404
610+subsection (7) and the development's affordability period as 405
611+provided in paragraph (7)(a), notwithstan ding the municipality's 406
612+comprehensive plan, future land use designation, or zoning. If 407
613+at any point during the development's affordability period the 408
614+development violates the affordability period requirement 409
615+provided in paragraph (7)(a), the development mu st be allowed a 410
616+reasonable time to cure such violation. If the violation is not 411
617+cured within a reasonable time, the development must be treated 412
618+as a nonconforming use. 413
619+ Section 3. An applicant for a proposed development 414
620+authorized under s. 125.01055(7) or s. 166.04151(7), Florida 415
621+Statutes, who submitted an application, written request, or 416
622+notice of intent to utilize such provisions to the county or 417
623+municipality and which has been received by the county or 418
624+municipality, as applicable, before the effective date of this 419
625+act may notify the county or municipality by July 1, 2024, of 420
626+its intent to proceed under the provisions of ss. 125.01055(7) 421
627+or 166.04151(7), Florida Statutes, as they existed at the time 422
628+of submittal. A county or municipality shall allow an applicant 423
629+who submitted such application, written request, or notice of 424
630+intent before the effective date of this act the opportunity to 425
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639639 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
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643-as otherwise agreed to by the municipality and the applicant for 426
644-the development. 427
645- (i)(g) Except as otherwise provided in this subsection, a 428
646-development authorized under this subsection must comply with 429
647-all applicable state and local laws and regulations. 430
648- (j)1. Nothing in this subsection precludes a municipality 431
649-from granting a bonus, variance, conditional use, or other 432
650-special exception to height, density, or floor area ratio in 433
651-addition to the height, density, and floor area ratio 434
652-requirements in this subsectio n. 435
653- 2. Nothing in this subsection precludes a proposed 436
654-development authorized under this subsection from receiving a 437
655-bonus for density, height, or floor area ratio pursuant to an 438
656-ordinance or regulation of the jurisdiction where the proposed 439
657-development is located if the proposed development satisfies the 440
658-conditions to receive the bonus except for any condition which 441
659-conflicts with this subsection. If a proposed development 442
660-qualifies for such bonus, the bonus must be administratively 443
661-approved by the munici pality and no further action by the 444
662-governing body of the municipality is required. 445
663- (k) As used in this subsection, the term "commercial use" 446
664-means activities associated with the sale, rental, or 447
665-distribution of products or the sale or performance of ser vices. 448
666-The term includes, but is not limited to, retail, office, 449
667-entertainment, and other for -profit business activities. 450
643+submit a revised application, written request, or notice of 426
644+intent to account for the changes made by this act. 427
645+ Section 4. Subsection (3) of section 196.1978, Florida 428
646+Statutes, is amended to read: 429
647+ 196.1978 Affordable housing property exemption. — 430
648+ (3)(a) As used in this subsection, the term: 431
649+ 1. "Corporation" means the Florida Housing Finance 432
650+Corporation. 433
651+ 2. "Newly constructed" means an improvement to real 434
652+property which was substantially completed within 5 years before 435
653+the date of an applicant's first submission of a request for a 436
654+certification notice or an application for an exemption pursuant 437
655+to this subsection section, whichever is earlier . 438
656+ 3. "Substantially completed" has the same meaning as in s. 439
657+192.042(1). 440
658+ (b) Notwithstanding ss. 196.195 and 196.196, portions of 441
659+property in a multifamily project are considered property used 442
660+for a charitable purpose and a re eligible to receive an ad 443
661+valorem property tax exemption if such portions meet all of the 444
662+following conditions : 445
663+ 1. Provide affordable housing to natural persons or 446
664+families meeting the income limitations provided in paragraph 447
665+(d).; 448
666+ 2.a. Are within a newly constructed multifamily project 449
667+that contains more than 70 units dedicated to housing natural 450
668668
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676676 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
677677
678678
679679
680- (l)(h) This subsection does not apply to : 451
681- 1. Airport-impacted areas as provided in s. 333.03. 452
682- 2. Property defined as recreationa l and commercial working 453
683-waterfront in s. 342.201(2)(b) in any area zoned as industrial. 454
684- (m)(i) This subsection expires October 1, 2033. 455
685- (8) Any development authorized under paragraph (7)(a) must 456
686-be treated as a conforming use even after the expiration of 457
687-subsection (7) and the development's affordability period as 458
688-provided in paragraph (7)(a), notwithstanding the municipality's 459
689-comprehensive plan, future land use designation, or zoning. If 460
690-at any point during the development's affordability period the 461
691-development violates the affordability period requirement 462
692-provided in paragraph (7)(a), the development must be allowed a 463
693-reasonable time to cure such violation. If the violation is not 464
694-cured within a reasonable time, the development must be treated 465
695-as a nonconforming use. 466
696- (9)(a) Municipality review or approval of an application 467
697-for development permit or development order may not be 468
698-conditioned upon the waiver, forbearance, or abandonment of any 469
699-development right authorized by this section. Any such waive r, 470
700-forbearance, or abandonment is void. 471
701- (b) Municipality review of any application for development 472
702-of nonresidential uses is limited to the requested uses and may 473
703-not consider whether other uses are allowed under this section. 474
704- Section 3. An applicant for a proposed development 475
680+persons or families meeting the income limitations provided in 451
681+paragraph (d); or 452
682+ b. Are within a newly constructed multifamily project in 453
683+an area of critical state concern, as designated by s. 380.0552 454
684+or chapter 28-36, Florida Administrative Code, which contains 455
685+more than 10 units dedicated to housing natural persons or 456
686+families meeting the income limitations provided in paragraph 457
687+(d). and 458
688+ 3. Are rented for an amount that does not exceed the 459
689+amount as specified by the most recent multifamily rental 460
690+programs income and rent limit chart posted by the corporation 461
691+and derived from the Multifamily Tax Subsidy Projects Income 462
692+Limits published by the United Sta tes Department of Housing and 463
693+Urban Development or 90 percent of the fair market value rent as 464
694+determined by a rental market study meeting the requirements of 465
695+paragraph (l) (m), whichever is less. 466
696+ (c) If a unit that in the previous year received qualified 467
697+for the exemption under this subsection and was occupied by a 468
698+tenant is vacant on January 1, the vacant unit is eligible for 469
699+the exemption if the use of the unit is restricted to providing 470
700+affordable housing that would otherwise meet the requirements of 471
701+this subsection and a reasonable effort is made to lease the 472
702+unit to eligible persons or families. 473
703+ (d)1. The property appraiser shall exempt: 474
704+ a. Seventy-five percent of the assessed value of the units 475
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713713 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
714714
715715
716716
717-authorized under s. 125.01055(7) or s. 166.04151(7), Florida 476
718-Statutes, who submitted an application, written request, or 477
719-notice of intent to utilize such provisions to the county or 478
720-municipality and which has been received by th e county or 479
721-municipality, as applicable, before the effective date of this 480
722-act may notify the county or municipality by July 1, 2024, of 481
723-its intent to proceed under the provisions of ss. 125.01055(7) 482
724-or 166.04151(7), Florida Statutes, as they existed at th e time 483
725-of submittal. A county or municipality shall allow an applicant 484
726-who submitted such application, written request, or notice of 485
727-intent before the effective date of this act the opportunity to 486
728-submit a revised application, written request, or notice of 487
729-intent to account for the changes made by this act. 488
730- Section 4. Subsection (3) of section 196.1978, Florida 489
731-Statutes, is amended to read: 490
732- 196.1978 Affordable housing property exemption. — 491
733- (3)(a) As used in this subsection, the term: 492
734- 1. "Corporation" means the Florida Housing Finance 493
735-Corporation. 494
736- 2. "Newly constructed" means an improvement to real 495
737-property which was substantially completed within 5 years before 496
738-the date of an applicant's first submission of a request for a 497
739-certification notice or an application for an exemption pursuant 498
740-to this subsection section, whichever is earlier . 499
741- 3. "Substantially completed" has the same meaning as in s. 500
717+in multifamily projects that meet the requirements of this 476
718+subsection and are Qualified property used to house natural 477
719+persons or families whose annual household income is greater 478
720+than 80 percent but not more than 120 percent of the median 479
721+annual adjusted gross income for households within the 480
722+metropolitan statistical area or, if not within a metropolitan 481
723+statistical area, within the county in which the person or 482
724+family resides; and, must receive an ad valorem property tax 483
725+exemption of 75 percent of the assessed value. 484
726+ b.2. From ad valorem property taxes the units in 485
727+multifamily projects that meet the requirements of this 486
728+subsection and are Qualified property used to house natural 487
729+persons or families whose annual household income does not 488
730+exceed 80 percent of the median annual adjusted gross income for 489
731+households within the metropolitan statistical area or, if not 490
732+within a metropolitan statistical area, within the county in 491
733+which the person or family resides , is exempt from ad valorem 492
734+property taxes. 493
735+ 2. When determining the value of a unit for purposes of 494
736+applying an exemption pursuant to this paragraph, the property 495
737+appraiser must include in such valuation the proportionate share 496
738+of the residential common areas, including the land, fairly 497
739+attributable to such unit. 498
740+ (e) To be eligible to receive an exemption under this 499
741+subsection, a property owner must submit an application on a 500
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750750 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
751751
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753753
754-192.042(1). 501
755- (b) Notwithstanding ss. 196.195 and 196.196, portions of 502
756-property in a multifamily project are considered property used 503
757-for a charitable purpose and are eligible to receive an ad 504
758-valorem property tax exemption if such portions meet all of the 505
759-following conditions : 506
760- 1. Provide affordable housing to natural persons or 507
761-families meeting the income limitations provided in paragraph 508
762-(d).; 509
763- 2.a. Are within a newly constructed multifamily project 510
764-that contains more than 70 units dedicated to housing natural 511
765-persons or families meeting the income limitations provided in 512
766-paragraph (d); or 513
767- b. Are within a newly constructed multifamily project in 514
768-an area of critical state concern, as designated by s. 380.0552 515
769-or chapter 28-36, Florida Administrative Code, which contains 516
770-more than 10 units dedicated to housing natural persons or 517
771-families meeting the incom e limitations provided in paragraph 518
772-(d). and 519
773- 3. Are rented for an amount that does not exceed the 520
774-amount as specified by the most recent multifamily rental 521
775-programs income and rent limit chart posted by the corporation 522
776-and derived from the Multifamily Ta x Subsidy Projects Income 523
777-Limits published by the United States Department of Housing and 524
778-Urban Development or 90 percent of the fair market value rent as 525
754+form prescribed by the department by March 1 for the exemption, 501
755+accompanied by a certification notice from the corporation to 502
756+the property appraiser. The property appraiser shall review the 503
757+application and determine whether the applicant meets all of the 504
758+requirements of this subsection and is entitled to an exemption. 505
759+A property appraiser may request and review additional 506
760+information necessary to make such determination. A property 507
761+appraiser may grant an exemption only for a property for which 508
762+the corporation has issued a certification notice and which the 509
763+property appraiser determines is entitled to an exemption. 510
764+ (f) To receive a certification notice, a property owner 511
765+must submit a request to the corporation for certification on a 512
766+form provided by the corporation which includes all of the 513
767+following: 514
768+ 1. The most recently completed rental market study meeting 515
769+the requirements of paragraph (l) (m). 516
770+ 2. A list of the units for whic h the property owner seeks 517
771+an exemption. 518
772+ 3. The rent amount received by the property owner for each 519
773+unit for which the property owner seeks an exemption. If a unit 520
774+is vacant and qualifies for an exemption under paragraph (c), 521
775+the property owner must prov ide evidence of the published rent 522
776+amount for each vacant unit. 523
777+ 4. A sworn statement, under penalty of perjury, from the 524
778+applicant restricting the property for a period of not less than 525
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787787 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
788788
789789
790790
791-determined by a rental market study meeting the requirements of 526
792-paragraph (l) (m), whichever is less. 527
793- (c) If a unit that in the previous year received qualified 528
794-for the exemption under this subsection and was occupied by a 529
795-tenant is vacant on January 1, the vacant unit is eligible for 530
796-the exemption if the use of the unit is restricted to providing 531
797-affordable housing that would otherwise meet the requirements of 532
798-this subsection and a reasonable effort is made to lease the 533
799-unit to eligible persons or families. 534
800- (d)1. The property appraiser shall exempt: 535
801- a. Seventy-five percent of the assessed value of the units 536
802-in multifamily projects that meet the requirements of th is 537
803-subsection and are Qualified property used to house natural 538
804-persons or families whose annual household income is greater 539
805-than 80 percent but not more than 120 percent of the median 540
806-annual adjusted gross income for households within the 541
807-metropolitan statistical area or, if not within a metropolitan 542
808-statistical area, within the county in which the person or 543
809-family resides; and, must receive an ad valorem property tax 544
810-exemption of 75 percent of the assessed value. 545
811- b.2. From ad valorem property taxes the u nits in 546
812-multifamily projects that meet the requirements of this 547
813-subsection and are Qualified property used to house natural 548
814-persons or families whose annual household income does not 549
815-exceed 80 percent of the median annual adjusted gross income for 550
791+3 years to housing persons or families who meet the income 526
792+limitations under this subsection. 527
793+ (g) The corporation shall review the request for a 528
794+certification notice and certify whether a property that meets 529
795+the eligibility criteria of paragraphs (b) and (c) this 530
796+subsection. A determination by the corporation re garding a 531
797+request for a certification notice does not constitute a grant 532
798+of an exemption pursuant to this subsection or final agency 533
799+action pursuant to chapter 120. 534
800+ 1. If the corporation determines that the property meets 535
801+the eligibility criteria for an exemption under this subsection , 536
802+the corporation must send a certification notice to the property 537
803+owner and the property appraiser. 538
804+ 2. If the corporation determines that the property does 539
805+not meet the eligibility criteria, the corporation must notify 540
806+the property owner and include the reasons for such 541
807+determination. 542
808+ (h) The corporation shall post on its website the deadline 543
809+to submit a request for a certification notice. The deadline 544
810+must allow adequate time for a property owner to submit a timely 545
811+application for exemption to the property appraiser. 546
812+ (i) The property appraiser shall review the application 547
813+and determine if the applicant is entitled to an exemption. A 548
814+property appraiser may grant an exemption only for a property 549
815+for which the corporation has issued a certification notice. 550
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824824 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
825825
826826
827827
828-households within the metropolitan statistical area or, if not 551
829-within a metropolitan statistical area, within the county in 552
830-which the person or family resides , is exempt from ad valorem 553
831-property taxes. 554
832- 2. When determining the value of a unit for purposes of 555
833-applying an exemption pursuant to this paragraph, the property 556
834-appraiser must include in such valuation the proportionate share 557
835-of the residential common areas, including the land, fairly 558
836-attributable to such unit. 559
837- (e) To be eligible to receive an exemption under this 560
838-subsection, a property owner must submit an application on a 561
839-form prescribed by the department by March 1 for the exemption, 562
840-accompanied by a certification notice from the corporation to 563
841-the property appraiser. The property appraiser shall r eview the 564
842-application and determine whether the applicant meets all of the 565
843-requirements of this subsection and is entitled to an exemption. 566
844-A property appraiser may request and review additional 567
845-information necessary to make such determination. A property 568
846-appraiser may grant an exemption only for a property for which 569
847-the corporation has issued a certification notice and which the 570
848-property appraiser determines is entitled to an exemption. 571
849- (f) To receive a certification notice, a property owner 572
850-must submit a request to the corporation for certification on a 573
851-form provided by the corporation which includes all of the 574
852-following: 575
828+ (j) If the property appraiser determines that for any year 551
829+during the immediately previous 10 years a person who was not 552
830+entitled to an exemption under this subsection was granted such 553
831+an exemption, the property apprais er must serve upon the owner a 554
832+notice of intent to record in the public records of the county a 555
833+notice of tax lien against any property owned by that person in 556
834+the county, and that property must be identified in the notice 557
835+of tax lien. Any property owned b y the taxpayer and situated in 558
836+this state is subject to the taxes exempted by the improper 559
837+exemption, plus a penalty of 50 percent of the unpaid taxes for 560
838+each year and interest at a rate of 15 percent per annum. If an 561
839+exemption is improperly granted as a result of a clerical 562
840+mistake or an omission by the property appraiser, the property 563
841+owner improperly receiving the exemption may not be assessed a 564
842+penalty or interest. 565
843+ (j)(k) Units subject to an agreement with the corporation 566
844+pursuant to chapter 420 reco rded in the official records of the 567
845+county in which the property is located to provide housing to 568
846+natural persons or families meeting the extremely -low-income, 569
847+very-low-income, or low-income limits specified in s. 420.0004 570
848+are not eligible for this exempti on. 571
849+ (k)(l) Property receiving an exemption pursuant to s. 572
850+196.1979 is not eligible for this exemption. 573
851+ (l)(m) A rental market study submitted as required by 574
852+subparagraph (f)1. paragraph (f) must identify the fair market 575
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861861 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
862862
863863
864864
865- 1. The most recently completed rental market study meeting 576
866-the requirements of paragraph (l) (m). 577
867- 2. A list of the units for which the property owner seeks 578
868-an exemption. 579
869- 3. The rent amount received by the property owner for each 580
870-unit for which the property owner seeks an exemption. If a unit 581
871-is vacant and qualifies for an exemption under paragraph (c), 582
872-the property owner must provi de evidence of the published rent 583
873-amount for each vacant unit. 584
874- 4. A sworn statement, under penalty of perjury, from the 585
875-applicant restricting the property for a period of not less than 586
876-3 years to housing persons or families who meet the income 587
877-limitations under this subsection. 588
878- (g) The corporation shall review the request for a 589
879-certification notice and certify whether a property that meets 590
880-the eligibility criteria of paragraphs (b) and (c) this 591
881-subsection. A determination by the corporation regarding a 592
882-request for a certification notice does not constitute a grant 593
883-of an exemption pursuant to this subsection or final agency 594
884-action pursuant to chapter 120. 595
885- 1. If the corporation determines that the property meets 596
886-the eligibility criteria for an exemption under this subsection , 597
887-the corporation must send a certification notice to the property 598
888-owner and the property appraiser. 599
889- 2. If the corporation determines that the property does 600
865+value rent of each unit for which a property owner seeks an 576
866+exemption. Only a certified general appraiser as defined in s. 577
867+475.611 may issue a rental market study. The certified general 578
868+appraiser must be independent of the property owner who requests 579
869+the rental market study. In prepa ring the rental market study, a 580
870+certified general appraiser shall comply with the standards of 581
871+professional practice pursuant to part II of chapter 475 and use 582
872+comparable property within the same geographic area and of the 583
873+same type as the property for whi ch the exemption is sought. A 584
874+rental market study must have been completed within 3 years 585
875+before submission of the application. 586
876+ (m)(n) The corporation may adopt rules to implement this 587
877+section. 588
878+ (n)(o) This subsection first applies to the 2024 tax roll 589
879+and is repealed December 31, 2059. 590
880+ Section 5. Subsections (6) and (7) of section 196.1979, 591
881+Florida Statutes, are renumbered as subsections (8) and (9), 592
882+respectively, paragraph (b) of subsection (1), subsection (2), 593
883+paragraphs (d), (f), and (l) of subse ction (3), and subsection 594
884+(5) are amended, and new subsections (6) and (7) are added to 595
885+that section, to read: 596
886+ 196.1979 County and municipal affordable housing property 597
887+exemption.— 598
888+ (1) 599
889+ (b) Qualified property may receive an ad valorem property 600
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898898 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
899899
900900
901901
902-not meet the eligibility criteria, the corporation must notify 601
903-the property owner and include the reasons for such 602
904-determination. 603
905- (h) The corporation shall post on its website the deadline 604
906-to submit a request for a certification notice. The deadline 605
907-must allow adequate time for a property owner to submit a timely 606
908-application for exemption to the property appraiser. 607
909- (i) The property appraiser shall review the application 608
910-and determine if the applicant is entitled to an exemption. A 609
911-property appraiser may grant an exemption only for a property 610
912-for which the corporation has issued a certification notice. 611
913- (i)(j) If the property appraiser determines that for any 612
914-year during the immediately previous 10 years a person who was 613
915-not entitled to an exemption under this subsection was granted 614
916-such an exemption, the property appraiser must serve upon the 615
917-owner a notice of intent to record in the public records of the 616
918-county a notice of tax lien against any property owned by that 617
919-person in the county, and that property must be identified in 618
920-the notice of tax lien. Any property owned by the t axpayer and 619
921-situated in this state is subject to the taxes exempted by the 620
922-improper exemption, plus a penalty of 50 percent of the unpaid 621
923-taxes for each year and interest at a rate of 15 percent per 622
924-annum. If an exemption is improperly granted as a result of a 623
925-clerical mistake or an omission by the property appraiser, the 624
926-property owner improperly receiving the exemption may not be 625
902+tax exemption of: 601
903+ 1. Up to 75 percent of the assessed value of each 602
904+residential unit used to provide affordable housing if fewer 603
905+than 100 percent of the multifamily project's residential units 604
906+are used to provide affordable housing meeting the requirements 605
907+of this section. 606
908+ 2. Up to 100 percent of the assessed value of each 607
909+residential unit used to provide affordable housing if 100 608
910+percent of the multifamily project's residential units are used 609
911+to provide affordable housing meeting the requirements of this 610
912+section. 611
913+ (2) If a residential unit that in the previous year 612
914+received qualified for the exemption under this section and was 613
915+occupied by a tenant is vacant on January 1, the vacant unit may 614
916+qualify for the exemption under this section if the use of the 615
917+unit is restricted to providing affordable housing that would 616
918+otherwise meet the requirements of this section and a reasonable 617
919+effort is made to lease the unit to eligible persons or 618
920+families. 619
921+ (3) An ordinance granting the exemption authorized by this 620
922+section must: 621
923+ (d) Require the local entity to verify and certify 622
924+property that meets the requirements of the ordinance as 623
925+qualified property and forward the certification to the property 624
926+owner and the property appraiser. If the local entity denies the 625
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936936
937937
938938
939-assessed a penalty or interest. 626
940- (j)(k) Units subject to an agreement with the corporation 627
941-pursuant to chapter 420 recorded in the official records of the 628
942-county in which the property is located to provide housing to 629
943-natural persons or families meeting the extremely -low-income, 630
944-very-low-income, or low-income limits specified in s. 420.0004 631
945-are not eligible for this exemption. 632
946- (k)(l) Property receiving an exemption pursuant to s. 633
947-196.1979 is not eligible for this exemption. 634
948- (l)(m) A rental market study submitted as required by 635
949-subparagraph (f)1. paragraph (f) must identify the fair market 636
950-value rent of each unit for which a pro perty owner seeks an 637
951-exemption. Only a certified general appraiser as defined in s. 638
952-475.611 may issue a rental market study. The certified general 639
953-appraiser must be independent of the property owner who requests 640
954-the rental market study. In preparing the re ntal market study, a 641
955-certified general appraiser shall comply with the standards of 642
956-professional practice pursuant to part II of chapter 475 and use 643
957-comparable property within the same geographic area and of the 644
958-same type as the property for which the exem ption is sought. A 645
959-rental market study must have been completed within 3 years 646
960-before submission of the application. 647
961- (m)(n) The corporation may adopt rules to implement this 648
962-section. 649
963- (n)(o) This subsection first applies to the 2024 tax roll 650
939+application for certification exemption, it must notify the 626
940+applicant and include reasons for the denial. 627
941+ (f) Require the property owner to submit an application 628
942+for exemption, on a form prescribed by the department, 629
943+accompanied by the certification of qualified p roperty, to the 630
944+property appraiser no later than the deadline specified in s. 631
945+196.011 March 1. 632
946+ (l) Require the county or municipality to post on its 633
947+website a list of certified properties receiving the exemption 634
948+for the purpose of facilitating access to affordable housing. 635
949+ (5) An ordinance adopted under this section must expire 636
950+before the fourth January 1 after adoption; however, the board 637
951+of county commissioners or the governing body of the 638
952+municipality may adopt a new ordinance to renew the exemption. 639
953+The board of county commissioners or the governing body of the 640
954+municipality shall deliver a copy of an ordinance adopted under 641
955+this section to the department and the property appraiser within 642
956+10 days after its adoption , but no later than January 1 of the 643
957+year such exemption will take effect . If the ordinance expires 644
958+or is repealed, the board of county commissioners or the 645
959+governing body of the municipality must notify the department 646
960+and the property appraiser within 10 days after its expiration 647
961+or repeal, but no later than January 1 of the year the repeal or 648
962+expiration of such exemption will take effect . 649
963+ (6) The property appraiser shall review each application 650
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972972 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
973973
974974
975975
976-and is repealed December 31, 2059. 651
977- Section 5. Subsections (6) and (7) of section 196.1979, 652
978-Florida Statutes, are renumbered as subsections (8) and (9), 653
979-respectively, paragraph (b) of subsection (1), subsection (2), 654
980-paragraphs (d), (f), and (l) of subsection (3), and subsection 655
981-(5) are amended, and new subsections (6) and (7) are added to 656
982-that section, to read: 657
983- 196.1979 County and municipal affordable housing property 658
984-exemption.— 659
985- (1) 660
986- (b) Qualified property may receive an ad valorem property 661
987-tax exemption of: 662
988- 1. Up to 75 percent of the assessed value of each 663
989-residential unit used to provide affordable housing if fewer 664
990-than 100 percent of the multifamily project's residential units 665
991-are used to provide affordable housing meeting the requirements 666
992-of this section. 667
993- 2. Up to 100 percent of the assessed value of each 668
994-residential unit used to provide affordable housing if 100 669
995-percent of the multifamily project's residential units are used 670
996-to provide affordable housing meeting the requirements of this 671
997-section. 672
998- (2) If a residential unit that in the previous year 673
999-received qualified for the exemption under this section and was 674
1000-occupied by a tenant is vacant on January 1, the vacant unit may 675
976+for exemption and determine whether the applicant meets all of 651
977+the requirements of this section and is entitled to an 652
978+exemption. A property appraiser may request and review 653
979+additional information necessary to make such determination. A 654
980+property appraiser may grant an exemption only for a property 655
981+for which the local entity has certified as qualified property 656
982+and which the property appraiser determines is entitled to an 657
983+exemption. 658
984+ (7) When determining the value of a unit for purposes of 659
985+applying an exemption pursuant to this section, the property 660
986+appraiser must include in such valuation the proportio nate share 661
987+of the residential common areas, including the land, fairly 662
988+attributable to such unit. 663
989+ Section 6. The amendments made by this act to ss. 196.1978 664
990+and 196.1979, Florida Statutes, are intended to be remedial and 665
991+clarifying in nature and apply retroactively to January 1, 2024. 666
992+ Section 7. Subsection (5) of section 333.03, Florida 667
993+Statutes, is renumbered as subsection (6), and a new subsection 668
994+(5) is added to that section, to read: 669
995+ 333.03 Requirement to adopt airport zoning regulations. — 670
996+ (5) Sections 125.01055(7) and 166.04151(7) do not apply to 671
997+any of the following: 672
998+ (a) A proposed development near a runway within one -673
999+quarter of a mile laterally from the runway edge and within an 674
1000+area that is the width of one -quarter of a mile extending at 675
10011001
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10041004
10051005
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10091009 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
10101010
10111011
10121012
1013-qualify for the exemption under this section if the use of the 676
1014-unit is restricted to providing affordable housing that would 677
1015-otherwise meet the requirements of this section and a reasonable 678
1016-effort is made to lease the unit to eligible persons or 679
1017-families. 680
1018- (3) An ordinance granting the exemption authorized by this 681
1019-section must: 682
1020- (d) Require the local entity to verify and certify 683
1021-property that meets the requirements of the ordinance as 684
1022-qualified property and forward the certification to the property 685
1023-owner and the property appraiser. If the local entity denies the 686
1024-application for certification exemption, it must notify the 687
1025-applicant and include reasons for the denial. 688
1026- (f) Require the property owner to submit an application 689
1027-for exemption, on a form prescribed by the department, 690
1028-accompanied by the certification of qualified property , to the 691
1029-property appraiser no later than the deadline specified in s. 692
1030-196.011 March 1. 693
1031- (l) Require the county or municipality to post on its 694
1032-website a list of certified properties receiving the exemption 695
1033-for the purpose of facilitating access to afforda ble housing. 696
1034- (5) An ordinance adopted under this section must expire 697
1035-before the fourth January 1 after adoption; however, the board 698
1036-of county commissioners or the governing body of the 699
1037-municipality may adopt a new ordinance to renew the exemption. 700
1013+right angles from the end of the runway for a distance of 10,000 676
1014+feet of any existing airport runway or planned airport runway 677
1015+identified in the local government's airport master plan. 678
1016+ (b) A proposed development within any airport noise zone 679
1017+identified in the federal land use compatibility table or in a 680
1018+land-use zoning or airport noise regulation adopted by the local 681
1019+government. 682
1020+ (c) A proposed development that exceeds maximum height 683
1021+restrictions identified in the political subdivision's airport 684
1022+zoning regulation adopted pursuant to this section. 685
1023+ Section 8. Subsection (35) of section 420.507, Florida 686
1024+Statutes, is amended to read: 687
1025+ 420.507 Powers of the corporation. —The corporation shall 688
1026+have all the powers necessary or convenient to carry out and 689
1027+effectuate the purposes and provisions of this part, including 690
1028+the following powers which are in addition to all other powers 691
1029+granted by other provisions of this part: 692
1030+ (35) To preclude any applicant, sponsor, or affiliate of 693
1031+an applicant or sponsor from further participation in any of the 694
1032+corporation's programs as provided in s. 420.518 , any applicant 695
1033+or affiliate of an applicant which has made a material 696
1034+misrepresentation or engaged in fraudulent actions in connection 697
1035+with any application for a corporat ion program. 698
1036+ Section 9. Subsection (3) of section 420.5096, Florida 699
1037+Statutes, is amended to read: 700
10381038
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10461046 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
10471047
10481048
10491049
1050-The board of county commissioners or the governing body of the 701
1051-municipality shall deliver a copy of an ordinance adopted under 702
1052-this section to the department and the property appraiser within 703
1053-10 days after its adoption , but no later than January 1 of the 704
1054-year such exemption will take effect . If the ordinance expires 705
1055-or is repealed, the board of county commissioners or the 706
1056-governing body of the municipality must notify the department 707
1057-and the property appraiser within 10 days after its expiration 708
1058-or repeal, but no later than January 1 of the year the repeal or 709
1059-expiration of such exemption will take effect . 710
1060- (6) The property appraiser shall review each application 711
1061-for exemption and determine whether the applicant meets all of 712
1062-the requirements of this section and is entitled to an 713
1063-exemption. A property appraiser may request and review 714
1064-additional information necessary to make such determination. A 715
1065-property appraiser may grant an exemption only for a property 716
1066-for which the local entity has certified as qualified propert y 717
1067-and which the property appraiser determines is entitled to an 718
1068-exemption. 719
1069- (7) When determining the value of a unit for purposes of 720
1070-applying an exemption pursuant to this section, the property 721
1071-appraiser must include in such valuation the proportionate sh are 722
1072-of the residential common areas, including the land, fairly 723
1073-attributable to such unit. 724
1074- Section 6. The amendments made by this act to ss. 196.1978 725
1050+ 420.5096 Florida Hometown Hero Program. — 701
1051+ (3) For loans made available pursuant to s. 702
1052+420.507(23)(a)1. or 2., the corporation may underwrite and make 703
1053+those mortgage loans through the program to persons or families 704
1054+who have household incomes that do not exceed 150 percent of the 705
1055+state median income or local median income, whichever is 706
1056+greater. A borrower must be seeking to purchase a home as a 707
1057+primary residence; must be a first -time homebuyer and a Florida 708
1058+resident; and must be employed full -time by a Florida-based 709
1059+employer. The borrower must provide documentation of full -time 710
1060+employment, or full-time status for self -employed individuals , 711
1061+of 35 hours or more per week. The requirement to be a first -time 712
1062+homebuyer does not apply to a borrower who is an active duty 713
1063+servicemember of a branch of the armed forces or the Florida 714
1064+National Guard, as defined in s. 250.01, or a veteran. 715
1065+ Section 10. Section 420.518 , Florida Statutes, is amended 716
1066+to read: 717
1067+ 420.518 Preclusion from participation in corporation 718
1068+programs Fraudulent or material misrepresentation .— 719
1069+ (1) An applicant, a sponsor, or an affiliate of an 720
1070+applicant or a sponsor may be precluded from participati on in 721
1071+any corporation program if the applicant , the sponsor, or the 722
1072+affiliate of the applicant or sponsor has: 723
1073+ (a) Made a material misrepresentation or engaged in 724
1074+fraudulent actions in connection with any corporation program. 725
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10831083 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
10841084
10851085
10861086
1087-and 196.1979, Florida Statutes, are intended to be remedial and 726
1088-clarifying in nature and apply retroac tively to January 1, 2024. 727
1089- Section 7. Subsection (5) of section 333.03, Florida 728
1090-Statutes, is renumbered as subsection (6), and a new subsection 729
1091-(5) is added to that section, to read: 730
1092- 333.03 Requirement to adopt airport zoning regulations. — 731
1093- (5) Sections 125.01055(7) and 166.04151(7) do not apply to 732
1094-any of the following: 733
1095- (a) A proposed development near a commercial service 734
1096-airport, as defined in s. 332.0075(1), runway within one -quarter 735
1097-of a mile laterally from the runway edge and within an area tha t 736
1098-is the width of one-quarter of a mile extending at right angles 737
1099-from the end of the runway for a distance of 10,000 feet of any 738
1100-existing runway or planned runway identified in the local 739
1101-government's airport master plan. 740
1102- (b) A proposed development withi n any airport noise zone 741
1103-identified in the federal land use compatibility table or 742
1104-currently in a land-use zoning or airport noise regulation 743
1105-adopted by the local government. 744
1106- (c) A proposed development that exceeds maximum height 745
1107-restrictions identified in the political subdivision's airport 746
1108-zoning regulation adopted pursuant to this section. 747
1109- Section 8. Subsection (35) of section 420.507, Florida 748
1110-Statutes, is amended to read: 749
1111- 420.507 Powers of the corporation. —The corporation shall 750
1087+ (b) Been convicted or foun d guilty of, or entered a plea 726
1088+of guilty or nolo contendere to, regardless of adjudication, a 727
1089+crime in any jurisdiction which directly relates to the 728
1090+financing, construction, or management of affordable housing or 729
1091+the fraudulent procurement of state or fed eral funds. The record 730
1092+of a conviction certified or authenticated in such form as to be 731
1093+admissible in evidence under the laws of the state shall be 732
1094+admissible as prima facie evidence of such guilt. 733
1095+ (c) Been excluded from any federal funding program relat ed 734
1096+to the provision of housing , including debarment from 735
1097+participation in federal housing programs by the United States 736
1098+Department of Housing and Urban Development . 737
1099+ (d) Been excluded from any federal or Florida procurement 738
1100+programs. 739
1101+ (e) Offered or give n consideration, other than the 740
1102+consideration to provide affordable housing, with respect to a 741
1103+local contribution. 742
1104+ (f) Demonstrated a pattern of noncompliance and a failure 743
1105+to correct any such noncompliance after notice from the 744
1106+corporation in the constr uction, operation, or management of one 745
1107+or more developments funded through a corporation program. 746
1108+ (g) Materially or repeatedly violated any condition 747
1109+imposed by the corporation in connection with the administration 748
1110+of a corporation program, including a land use restriction 749
1111+agreement, an extended use agreement, or any other financing or 750
11121112
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11201120 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
11211121
11221122
11231123
1124-have all the powers necessary or convenient to carry out and 751
1125-effectuate the purposes and provisions of this part, including 752
1126-the following powers which are in addition to all other powers 753
1127-granted by other provisions of this part: 754
1128- (35) To preclude any applicant, sponsor, o r affiliate of 755
1129-an applicant or sponsor from further participation in any of the 756
1130-corporation's programs as provided in s. 420.518 , any applicant 757
1131-or affiliate of an applicant which has made a material 758
1132-misrepresentation or engaged in fraudulent actions in con nection 759
1133-with any application for a corporation program . 760
1134- Section 9. Paragraph (b) of subsection (1) of section 761
1135-420.50871, Florida Statutes, is amended, and subsection (6) is 762
1136-added to that section, to read: 763
1137- 420.50871 Allocation of increased revenues de rived from 764
1138-amendments to s. 201.15 made by ch. 2023 -17.—Funds that result 765
1139-from increased revenues to the State Housing Trust Fund derived 766
1140-from amendments made to s. 201.15 made by chapter 2023 -17, Laws 767
1141-of Florida, must be used annually for projects under t he State 768
1142-Apartment Incentive Loan Program under s. 420.5087 as set forth 769
1143-in this section, notwithstanding ss. 420.507(48) and (50) and 770
1144-420.5087(1) and (3). The Legislature intends for these funds to 771
1145-provide for innovative projects that provide affordable a nd 772
1146-attainable housing for persons and families working, going to 773
1147-school, or living in this state. Projects approved under this 774
1148-section are intended to provide housing that is affordable as 775
1124+regulatory agreement with the corporation. 751
1125+ (2) Upon a determination by the board of directors of the 752
1126+corporation that an applicant or affiliate of the applicant be 753
1127+precluded from participation in any corporation program, the 754
1128+board may issue an order taking any or all of the following 755
1129+actions: 756
1130+ (a) Preclude such applicant or affiliate from applying for 757
1131+funding from any corporation program for a specified period. The 758
1132+period may be a specified period of time or permanent in nature. 759
1133+With regard to establishing the duration, the board shall 760
1134+consider the facts and circumstances, inclusive of the 761
1135+compliance history of the applicant or affiliate of the 762
1136+applicant, the type of action under subsection (1), and the 763
1137+degree of harm to the corporation's programs that has been or 764
1138+may be done. 765
1139+ (b) Revoke any funding previously awarded by the 766
1140+corporation for any development for which construction or 767
1141+rehabilitation has not commenced. 768
1142+ (3) Before any order issued under this section can be 769
1143+final, an administrative complaint must be served on the 770
1144+applicant, affiliate of the applicant, or its registered agent 771
1145+that provides notification of findings of the board, the 772
1146+intended action, and th e opportunity to request a proceeding 773
1147+pursuant to ss. 120.569 and 120.57. 774
1148+ (4) Any funding, allocation of federal housing credits, 775
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11571157 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
11581158
11591159
11601160
1161-defined in s. 420.0004, notwithstanding the income limitations 776
1162-in s. 420.5087(2). Beginning in the 2023 -2024 fiscal year and 777
1163-annually for 10 years thereafter: 778
1164- (1) The corporation shall allocate 70 percent of the funds 779
1165-provided by this section to issue competitive requests for 780
1166-application for the affordable housing proje ct purposes 781
1167-specified in this subsection. The corporation shall finance 782
1168-projects that: 783
1169- (b)1. Address urban infill, including conversions of 784
1170-vacant, dilapidated, or functionally obsolete buildings or the 785
1171-use of underused commercial property. 786
1172- 2. As used in this paragraph, the term "urban infill" has 787
1173-the same meaning as in s. 163.3164. The term includes the 788
1174-development or redevelopment of mobile home parks and 789
1175-manufactured home communities that meet the urban infill 790
1176-criteria, in addition to the criteria of redevelopment of 791
1177-affordable housing development as provided under paragraph 792
1178-(1)(a). 793
1179- (6) A project financed under this section may not require 794
1180-that low-income housing tax credits under s. 42 of the Internal 795
1181-Revenue Code or tax-exempt bond financing be a part of the 796
1182-financing structure for the project. 797
1183- Section 10. Subsection (2) of section 420.50872, Florida 798
1184-Statutes, is amended to read: 799
1185- 420.50872 Live Local Program. — 800
1186-
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1194-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
1195-
1196-
1197-
1198- (2) RESPONSIBILITIES OF THE CORPORATION ; PROHIBITIONS.— 801
1199- (a) The corporation shall: 802
1200- 1.(a) Expend 100 percent of eligible contributions 803
1201-received under this section for the State Apartment Incentive 804
1202-Loan Program under s. 420.5087. However, the corporation may use 805
1203-up to $25 million of eligible contributions to provide loans for 806
1204-the construction of large-scale projects of significant regional 807
1205-impact. Such projects must include a substantial civic, 808
1206-educational, or health care use and may include a commercial 809
1207-use, any of which must be incorporated within or contiguous to 810
1208-the project property. Such a loan must be made, except as 811
1209-otherwise provided in this subsection, in accordance with the 812
1210-practices and policies of the State Apartment Incentive Loan 813
1211-Program. Such a loan is subject to the competitive application 814
1212-process and may not exceed 25 percent of the total project cost. 815
1213-The corporation must find that the loan provides a unique 816
1214-opportunity for investment alongside local government 817
1215-participation that would enable creation of a significant amount 818
1216-of affordable housing. Projects approved und er this section are 819
1217-intended to provide housing that is affordable as defined in s. 820
1218-420.0004, notwithstanding the income limitations in s. 821
1219-420.5087(2). 822
1220- 2.(b) Upon receipt of an eligible contribution, provide 823
1221-the taxpayer that made the contribution with a certificate of 824
1222-contribution. A certificate of contribution must include the 825
1223-
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1231-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
1232-
1233-
1234-
1235-taxpayer's name; its federal employer identification number, if 826
1236-available; the amount contributed; and the date of contribution. 827
1237- 3.(c) Within 10 days after issuing a certificate of 828
1238-contribution, provide a copy to the Department of Revenue. 829
1239- (b) A project financed under this section may not require 830
1240-that low-income housing tax credits under s. 42 of the Internal 831
1241-Revenue Code or tax-exempt bond financing be a part of the 832
1242-financing structure for the project. 833
1243- Section 11. Subsection (3) of section 420.5096, Florida 834
1244-Statutes, is amended to read: 835
1245- 420.5096 Florida Hometown Hero Program. — 836
1246- (3) For loans made available pursuant to s. 837
1247-420.507(23)(a)1. or 2., the corporation may underwrite and make 838
1248-those mortgage loans through the program to persons or families 839
1249-who have household incomes that do not exceed 150 percent of the 840
1250-state median income or local median income, whichever is 841
1251-greater. A borrower must be seeking to purchase a home as a 842
1252-primary residence; must be a first -time homebuyer and a Florida 843
1253-resident; and must be employed full -time by a Florida-based 844
1254-employer. The borrower must provide documentation of full -time 845
1255-employment, or full-time status for self-employed individuals , 846
1256-of 35 hours or more per week . The requirement to be a first -time 847
1257-homebuyer does not apply to a borrower who is an active duty 848
1258-servicemember of a branch of the armed forces or the Florida 849
1259-National Guard, as defined in s. 250.01, or a veteran. 850
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1268-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
1269-
1270-
1271-
1272- Section 12. Section 420.518, Florida Statutes, is amended 851
1273-to read: 852
1274- 420.518 Preclusion from participation in corporation 853
1275-programs Fraudulent or material misrepresentation .— 854
1276- (1) An applicant, a sponsor, or an affiliate of an 855
1277-applicant or a sponsor may be precluded from participation in 856
1278-any corporation program if the applicant , the sponsor, or the 857
1279-affiliate of the applicant or sponsor has: 858
1280- (a) Made a material misrepresentation or engaged in 859
1281-fraudulent actions in connection with any corporation program. 860
1282- (b) Been convicted or found guilty of, or entered a plea 861
1283-of guilty or nolo contendere to, regardless of adjudication, a 862
1284-crime in any jurisdiction which directly relates to the 863
1285-financing, construction, or management of affor dable housing or 864
1286-the fraudulent procurement of state or federal funds. The record 865
1287-of a conviction certified or authenticated in such form as to be 866
1288-admissible in evidence under the laws of the state shall be 867
1289-admissible as prima facie evidence of such guilt. 868
1290- (c) Been excluded from any federal funding program related 869
1291-to the provision of housing , including debarment from 870
1292-participation in federal housing programs by the United States 871
1293-Department of Housing and Urban Development . 872
1294- (d) Been excluded from any federal or Florida procurement 873
1295-programs. 874
1296- (e) Offered or given consideration, other than the 875
1297-
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1305-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
1306-
1307-
1308-
1309-consideration to provide affordable housing, with respect to a 876
1310-local contribution. 877
1311- (f) Demonstrated a pattern of noncompliance and a failure 878
1312-to correct any such no ncompliance after notice from the 879
1313-corporation in the construction, operation, or management of one 880
1314-or more developments funded through a corporation program. 881
1315- (g) Materially or repeatedly violated any condition 882
1316-imposed by the corporation in connection wit h the administration 883
1317-of a corporation program, including a land use restriction 884
1318-agreement, an extended use agreement, or any other financing or 885
1319-regulatory agreement with the corporation. 886
1320- (2) Upon a determination by the board of directors of the 887
1321-corporation that an applicant or affiliate of the applicant be 888
1322-precluded from participation in any corporation program, the 889
1323-board may issue an order taking any or all of the following 890
1324-actions: 891
1325- (a) Preclude such applicant or affiliate from applying for 892
1326-funding from any corporation program for a specified period. The 893
1327-period may be a specified period of time or permanent in nature. 894
1328-With regard to establishing the duration, the board shall 895
1329-consider the facts and circumstances, inclusive of the 896
1330-compliance history of th e applicant or affiliate of the 897
1331-applicant, the type of action under subsection (1), and the 898
1332-degree of harm to the corporation's programs that has been or 899
1333-may be done. 900
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1339-CODING: Words stricken are deletions; words underlined are additions.
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1341-Page 37 of 38
1342-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
1343-
1344-
1345-
1346- (b) Revoke any funding previously awarded by the 901
1347-corporation for any development for wh ich construction or 902
1348-rehabilitation has not commenced. 903
1349- (3) Before any order issued under this section can be 904
1350-final, an administrative complaint must be served on the 905
1351-applicant, affiliate of the applicant, or its registered agent 906
1352-that provides notification of findings of the board, the 907
1353-intended action, and the opportunity to request a proceeding 908
1354-pursuant to ss. 120.569 and 120.57. 909
1355- (4) Any funding, allocation of federal housing credits, 910
1356-credit underwriting procedures, or application review for any 911
1357-development for which construction or rehabilitation has not 912
1358-commenced may be suspended by the corporation upon the service 913
1359-of an administrative complaint on the applicant, affiliate of 914
1360-the applicant, or its registered agent. The suspension shall be 915
1361-effective from the date the administrative complaint is served 916
1362-until an order issued by the corporation in regard to that 917
1363-complaint becomes final. 918
1364- Section 13. For the 2024-2025 fiscal year, from the funds 919
1365-received and deposited into the General Revenue Fund from the 920
1366-state's allocation from the federal Coronavirus State Fiscal 921
1367-Recovery Fund created under the American Rescue Plan Act of 922
1368-2021, Pub. L. No. 117 -2, the sum of $100 million in nonrecurring 923
1369-funds is appropriated to the State Housing Trust Fund for use by 924
1370-the Florida Housing Finance Corporation to implement the Florida 925
1371-
1372-CS/CS/HB 1239 2024
1373-
1374-
1375-
1376-CODING: Words stricken are deletions; words underlined are additions.
1377-hb1239-02-c2
1378-Page 38 of 38
1379-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
1380-
1381-
1382-
1383-Hometown Hero Program established in s. 420.5096, Florida 926
1384-Statutes. 927
1385- Section 14. This act shall take effect upon becoming a 928
1386-law. 929
1161+credit underwriting procedures, or application review for any 776
1162+development for which construction or rehabilitation has not 777
1163+commenced may be suspended by the corporation upon the service 778
1164+of an administrative complaint on the applicant, affiliate of 779
1165+the applicant, or its registered agent. The suspension shall be 780
1166+effective from the date the administrative complaint is served 781
1167+until an order issued by the corporation in regard to that 782
1168+complaint becomes final. 783
1169+ Section 11. For the 2024-2025 fiscal year, from the funds 784
1170+received and deposited into the General Revenue Fund from the 785
1171+state's allocation from the federal Coronavirus State Fiscal 786
1172+Recovery Fund created under the American Rescue Plan Act of 787
1173+2021, Pub. L. No. 117 -2, the sum of $100 million in nonrecurring 788
1174+funds is appropriated to the State Housing Trust Fund for use by 789
1175+the Florida Housing Finance Corporation to implement the F lorida 790
1176+Hometown Hero Program established in s. 420.5096, Florida 791
1177+Statutes. 792
1178+ Section 12. This act shall take effect upon becoming a 793
1179+law. 794