Florida 2024 Regular Session

Florida House Bill H1239 Latest Draft

Bill / Comm Sub Version Filed 02/21/2024

                               
 
CS/CS/HB 1239  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1239-02-c2 
Page 1 of 38 
F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
A bill to be entitled 1 
An act relating to affordable housing; amending ss. 2 
125.01055 and 166.04151, F.S.; clarifying application; 3 
prohibiting counties and municipalities, respectively, 4 
from restricting the floor area ratio of certain 5 
proposed developments under certain circumsta nces; 6 
providing that the density, floor area ratio, or 7 
height of certain developments, bonuses, variances, or 8 
other special exceptions are not included in the 9 
calculation of the currently allowed density, floor 10 
area ratio, or height by counties and municip alities, 11 
respectively; authorizing counties and municipalities, 12 
respectively, to restrict the height of proposed 13 
developments under certain circumstances; prohibiting 14 
counties and municipalities, respectively, from using 15 
public hearings or any other quasi -judicial board or 16 
reviewing body to approve a proposed development in 17 
certain circumstances; prohibiting counties and 18 
municipalities, respectively, from restricting the 19 
maximum lot size of a proposed development below a 20 
specified size allowed under land de velopment 21 
regulations; prohibiting the administrative approval 22 
by counties and municipalities, respectively, of a 23 
proposed development within a specified proximity to a 24 
military installation; requiring counties and 25     
 
CS/CS/HB 1239  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1239-02-c2 
Page 2 of 38 
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 
 
 
 
municipalities, respectively, to maintain a certain 26 
policy on their websites; requiring counties and 27 
municipalities, respectively, to reduce parking 28 
requirements by a specified percentage under certain 29 
circumstances; requiring counties and municipalities, 30 
respectively, to reduce or eliminate park ing 31 
requirements for certain proposed mixed -use 32 
developments that meet certain requirements; providing 33 
certain requirements for developments located within a 34 
transit-oriented development or area; defining the 35 
term "major transportation hub"; providing 36 
requirements for developments authorized located 37 
within a transit-oriented development or area; 38 
clarifying that a county or municipality, 39 
respectively, is not precluded from granting 40 
additional exceptions; clarifying that a proposed 41 
development is not preclude d from receiving a bonus 42 
for density, height, or floor area ratio if specified 43 
conditions are satisfied; requiring that such bonuses 44 
be administratively approved by counties and 45 
municipalities, respectively; defining the term 46 
"commercial use"; revising app licability; authorizing 47 
that specified developments be treated as a conforming 48 
use under certain circumstances; authorizing that 49 
specified developments be treated as a nonconforming 50     
 
CS/CS/HB 1239  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1239-02-c2 
Page 3 of 38 
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 
 
 
 
use under certain circumstances; prohibiting review or 51 
approval by a county or municipality of an application 52 
for development permit or order from being conditioned 53 
upon the waiver, forbearance, or abandonment of any 54 
development right; deeming any such waiver, 55 
forbearance, or abandonment void; limiting review or 56 
approval by a county or municipality of an application 57 
for development of nonresidential uses to requested 58 
uses; authorizing an applicant for certain proposed 59 
development to notify a county or municipality, as 60 
applicable, of its intent to proceed under certain 61 
provisions; requiring counties and municipalities to 62 
allow certain applicants to submit a revised 63 
application, written request, or notice of intent; 64 
amending s. 196.1978, F.S.; revising the definition of 65 
the term "newly constructed"; revising conditions for 66 
when multifamily projects are considered property used 67 
for a charitable purpose and are eligible to receive 68 
an ad valorem property tax exemption; requiring 69 
property appraisers to make certain exemptions from ad 70 
valorem property taxes; providing the method for 71 
determining the value of a unit for certain purposes; 72 
requiring property appraisers to review certain 73 
applications and make certain determinations; 74 
authorizing property appraisers to request and review 75     
 
CS/CS/HB 1239  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1239-02-c2 
Page 4 of 38 
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 
 
 
 
additional information; authorizing property 76 
appraisers to grant exemptions only under certain 77 
conditions; revising requirements for property owners 78 
seeking a certification notice from the Florida 79 
Housing Finance Corporation; providing that a certain 80 
determination by the corporation does not constitute 81 
an exemption; conforming provisions to changes made by 82 
the act; amending s. 196.1979, F.S.; revising the 83 
value to which a certain ad valorem property tax 84 
exemption applies; revising a condition of eligibility 85 
for vacant residential units to qualify for a certain 86 
ad valorem property tax exemption; revising the 87 
deadline for an application for exemption; revising 88 
deadlines by which boards and governing bodies must 89 
deliver to or notify the Department of Revenue of the 90 
adoption, repeal, or expiration of certain ordinances; 91 
requiring property appraisers to review certain 92 
applications and make certain determinations; 93 
authorizing property appraisers to request and review 94 
additional information; authorizing property 95 
appraisers to grant exemptions only under certain 96 
conditions; providing the method for determining the 97 
value of a unit for certain purposes; providing for 98 
retroactive application; amending s. 333.03, F.S.; 99 
excluding certain proposed developments from specified 100     
 
CS/CS/HB 1239  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1239-02-c2 
Page 5 of 38 
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 
 
 
 
airport zoning provisions; amending s. 420.507, F.S.; 101 
revising the enumerated powers of the corporation; 102 
amending s. 420.50871, F.S.; defining the term "urban 103 
infill"; prohibiting certain projects from requiring 104 
certain tax credits or bond financing; amending s. 105 
420.50872, F.S.; prohibiting certain projects from 106 
requiring certain tax credits or bond financing; 107 
amending s. 420.5096, F.S.; deleting required working 108 
hours under the Florida Hometown Hero Program; 109 
amending s. 420.518, F.S.; specifying conditions under 110 
which the corporation may preclude applicants from 111 
corporation programs; providing an appropriation; 112 
providing an effective date. 113 
 114 
Be It Enacted by the Legislature of the State of Florida: 115 
 116 
 Section 1.  Subsection (7) of section 125.01055, Florida 117 
Statutes, is amended, and subsections (8) and (9) ar e added to 118 
that section, to read: 119 
 125.01055  Affordable housing. — 120 
 (7)(a)  A county must authorize multifamily and mixed -use 121 
residential as allowable uses on any site owned by a county and 122 
in any area zoned for commercial, industrial, or mixed use , or 123 
any zoning district permitting commercial, industrial, or mixed 124 
uses, if at least 40 percent of the residential units in a 125     
 
CS/CS/HB 1239  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1239-02-c2 
Page 6 of 38 
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 
 
 
 
proposed multifamily rental development are rental units that, 126 
for a period of at least 30 years, are affordable as defined in 127 
s. 420.0004. Notwithstanding any other law, local ordinance, or 128 
regulation to the contrary, a county may not require a proposed 129 
multifamily development to obtain a zoning or land use change, 130 
special exception, conditional use approval, variance, or 131 
comprehensive plan amendment for the building height, zoning, 132 
and densities authorized under this subsection. For mixed -use 133 
residential projects, at least 65 percent of the total square 134 
footage must be used for residential purposes. 135 
 (b)  A county may not restrict the den sity of a proposed 136 
development authorized under this subsection below the highest 137 
currently allowed density on any unincorporated land in the 138 
county where residential development is allowed under the 139 
county's land development regulations. For purposes of t his 140 
paragraph, the term "highest currently allowed density" does not 141 
include the density of any building that met the requirements of 142 
this subsection or the density of any building that has received 143 
any bonus, variance, or other special exception for densi ty 144 
provided in the county's land development regulations as an 145 
incentive for development . 146 
 (c)  A county may not restrict the floor area ratio of a 147 
proposed development authorized under this subsection below 150 148 
percent of the highest currently allowed flo or area ratio on any 149 
unincorporated land in the county where development is allowed 150     
 
CS/CS/HB 1239  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1239-02-c2 
Page 7 of 38 
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 
 
 
 
under the county's land development regulations. For purposes of 151 
this paragraph, the term "highest currently allowed floor area 152 
ratio" does not include the floor area ratio of any building 153 
that met the requirements of this subsection or the floor area 154 
ratio of any building that has received any bonus, variance, or 155 
other special exception for floor area ratio provided in the 156 
county's land development regulations as an incenti ve for 157 
development. For purposes of this subsection, the term "floor 158 
area ratio" includes floor lot ratio. 159 
 (d)1.(c) A county may not restrict the height of a 160 
proposed development authorized under this subsection below the 161 
highest currently allowed height for a commercial or residential 162 
building development located in its jurisdiction within 1 mile 163 
of the proposed development or 3 stories, whichever is higher. 164 
For purposes of this paragraph, the term "highest currently 165 
allowed height" does not include the height of any building that 166 
met the requirements of this subsection or the height of any 167 
building that has received any bonus, variance, or other special 168 
exception for height provided in the county's land development 169 
regulations as an incentive for develop ment. 170 
 2.  If the proposed development is adjacent to, on two or 171 
more sides, a parcel zoned for single -family residential use 172 
which is within a single -family residential development with at 173 
least 25 contiguous single -family homes, the county may restrict 174 
the height of the proposed development to 150 percent of the 175     
 
CS/CS/HB 1239  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1239-02-c2 
Page 8 of 38 
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 
 
 
 
tallest building on any property adjacent to the proposed 176 
development, the highest currently allowed height for the 177 
property provided in the county's land development regulations, 178 
or 3 stories, whichever is higher. For the purposes of this 179 
paragraph, the term "adjacent to" means those properties sharing 180 
more than one point of a property line, but does not include 181 
properties separated by a public road. 182 
 (e)1.(d) A proposed development authorized un der this 183 
subsection must be administratively approved and no public 184 
hearings or any further action by the board of county 185 
commissioners or any other quasi-judicial board or reviewing 186 
body is required if the development satisfies the county's land 187 
development regulations for multifamily developments in areas 188 
zoned for such use and is otherwise consistent with the 189 
comprehensive plan, with the exception of provisions 190 
establishing allowable densities, floor area ratios, height, and 191 
land use. Such land developme nt regulations include, but are not 192 
limited to, regulations relating to setbacks and parking 193 
requirements. 194 
 2.  A county may not restrict the maximum lot size of a 195 
proposed development authorized under this paragraph below the 196 
highest currently allowed max imum lot size on any unincorporated 197 
land in the county where multifamily or mixed -use residential 198 
development is allowed under the county's land development 199 
regulations. 200     
 
CS/CS/HB 1239  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1239-02-c2 
Page 9 of 38 
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 
 
 
 
 3.  A proposed development located within one -quarter mile 201 
of a military installation identified in s. 163.3175(2) may not 202 
be administratively approved. Each county shall maintain on its 203 
website a policy containing procedures and expectations for 204 
administrative approval pursuant to this subsection. 205 
 (f)1.(e) A county must reduce consider reducing parking 206 
requirements by at least 20 percent for a proposed development 207 
authorized under this subsection if the development : 208 
 a. Is located within one-quarter one-half mile of a major 209 
transit stop, as defined in the county's land development code, 210 
and the major transit stop is accessible from the development. 211 
 b.  Is located within one -half mile of a major 212 
transportation hub that is accessible from the proposed 213 
development by safe, pedestrian -friendly means, such as 214 
sidewalks, crosswalks, elevated pedestrian or bike paths, or 215 
other multimodal design features. 216 
 c.  Has available parking within 600 feet of the proposed 217 
development which may consist of options such as on -street 218 
parking, parking lots, or parking garages available for use by 219 
residents of the proposed development. However, a county may not 220 
require that the available parking compensate for the reduction 221 
in parking requirements. 222 
 2.  A county must eliminate parking requirements for a 223 
proposed mixed-use residential development authorized unde r this 224 
subsection within an area recognized by the county as a transit -225     
 
CS/CS/HB 1239  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1239-02-c2 
Page 10 of 38 
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 
 
 
 
oriented development or area, as provided in paragraph (h). 226 
 3.  For purposes of this paragraph, the term "major 227 
transportation hub" means any transit station, whether bus, 228 
train, or light rail, which is served by public transit with a 229 
mix of other transportation options. 230 
 (g)(f) For proposed multifamily developments in an 231 
unincorporated area zoned for commercial or industrial use which 232 
is within the boundaries of a multicounty independ ent special 233 
district that was created to provide municipal services and is 234 
not authorized to levy ad valorem taxes, and less than 20 235 
percent of the land area within such district is designated for 236 
commercial or industrial use, a county must authorize, as 237 
provided in this subsection, such development only if the 238 
development is mixed -use residential. 239 
 (h)  A proposed development authorized under this 240 
subsection which is located within a transit -oriented 241 
development or area, as recognized by the county, must b e mixed-242 
use residential and otherwise comply with requirements of the 243 
county's regulations applicable to the transit -oriented 244 
development or area except for use, height, density, floor area 245 
ratio, and parking as provided in this subsection or as 246 
otherwise agreed to by the county and the applicant for the 247 
development. 248 
 (i)(g) Except as otherwise provided in this subsection, a 249 
development authorized under this subsection must comply with 250     
 
CS/CS/HB 1239  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1239-02-c2 
Page 11 of 38 
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 
 
 
 
all applicable state and local laws and regulations. 251 
 (j)1.  Nothing in this subsection precludes a county from 252 
granting a bonus, variance, conditional use, or other special 253 
exception for height, density, or floor area ratio in addition 254 
to the height, density, and floor area ratio requirements in 255 
this subsection. 256 
 2.  Nothing in this subsection precludes a proposed 257 
development authorized under this subsection from receiving a 258 
bonus for density, height, or floor area ratio pursuant to an 259 
ordinance or regulation of the jurisdiction where the proposed 260 
development is located if th e proposed development satisfies the 261 
conditions to receive the bonus except for any condition which 262 
conflicts with this subsection. If a proposed development 263 
qualifies for such bonus, the bonus must be administratively 264 
approved by the county and no further action by the board of 265 
county commissioners is required. 266 
 (k)  As used in this subsection, the term "commercial use" 267 
means activities associated with the sale, rental, or 268 
distribution of products or the sale or performance of services. 269 
The term includes, but is not limited to, retail, office, 270 
entertainment, and other for -profit business activities. 271 
 (1)(h) This subsection does not apply to : 272 
 1.  Airport-impacted areas as provided in s. 333.03. 273 
 2. Property defined as recreational and commercial working 274 
waterfront in s. 342.201(2)(b) in any area zoned as industrial. 275     
 
CS/CS/HB 1239  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1239-02-c2 
Page 12 of 38 
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 
 
 
 
 (m)(i) This subsection expires October 1, 2033. 276 
 (8)  Any development authorized under paragraph (7)(a) must 277 
be treated as a conforming use even after the expiration of 278 
subsection (7) and the development's affordability period as 279 
provided in paragraph (7)(a), notwithstanding the county's 280 
comprehensive plan, future land use designation, or zoning. If 281 
at any point during the development's affordability period the 282 
development violates the afforda bility period requirement 283 
provided in paragraph (7)(a), the development must be allowed a 284 
reasonable time to cure such violation. If the violation is not 285 
cured within a reasonable time, the development must be treated 286 
as a nonconforming use. 287 
 (9)(a)  County review or approval of an application for 288 
development permit or development order may not be conditioned 289 
upon the waiver, forbearance, or abandonment of any development 290 
right authorized by this section. Any such waiver, forbearance, 291 
or abandonment is void . 292 
 (b)  County review of any application for development of 293 
nonresidential uses is limited to the requested uses and may not 294 
consider whether other uses are allowed under this section. 295 
 Section 2.  Subsection (7) of section 166.04151, Florida 296 
Statutes, is amended, and subsections (8) and (9) are added to 297 
that section, to read: 298 
 166.04151  Affordable housing. — 299 
 (7)(a)  A municipality must authorize multifamily and 300     
 
CS/CS/HB 1239  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1239-02-c2 
Page 13 of 38 
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 
 
 
 
mixed-use residential as allowable uses on any site owned by a 301 
municipality and in any area zoned for commercial, industrial, 302 
or mixed use, or any zoning district permitting commercial, 303 
industrial, or mixed -use uses, if at least 40 percent of the 304 
residential units in a proposed multifamily rental development 305 
are rental units that, for a period of at least 30 years, are 306 
affordable as defined in s. 420.0004. Notwithstanding any other 307 
law, local ordinance, or regulation to the contrary, a 308 
municipality may not require a proposed multifamily development 309 
to obtain a zoning or land use change, special exc eption, 310 
conditional use approval, variance, or comprehensive plan 311 
amendment for the building height, zoning, and densities 312 
authorized under this subsection. For mixed -use residential 313 
projects, at least 65 percent of the total square footage must 314 
be used for residential purposes. 315 
 (b)  A municipality may not restrict the density of a 316 
proposed development authorized under this subsection below the 317 
highest currently allowed density on any land in the 318 
municipality where residential development is allowed under the 319 
municipality's land development regulations. For purposes of 320 
this paragraph, the term "highest currently allowed density" 321 
does not include the density of any building that met the 322 
requirements of this subsection or the density of any building 323 
that has received any bonus, variance, or other special 324 
exception for density provided in the municipality's land 325     
 
CS/CS/HB 1239  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1239-02-c2 
Page 14 of 38 
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 
 
 
 
development regulations as an incentive for development . 326 
 (c)  A municipality may not restrict the floor area ratio 327 
of a proposed development authorize d under this subsection below 328 
150 percent of the highest currently allowed floor area ratio on 329 
any land in the municipality where development is allowed under 330 
the municipality's land development regulations. For purposes of 331 
this paragraph, the term "highes t currently allowed floor area 332 
ratio" does not include the floor area ratio of any building 333 
that met the requirements of this subsection or the floor area 334 
ratio of any building that has received any bonus, variance, or 335 
other special exception for floor are a ratio provided in the 336 
municipality's land development regulations as an incentive for 337 
development. For purposes of this subsection, the term "floor 338 
area ratio" includes floor lot ratio. 339 
 (d)1.(c) A municipality may not restrict the height of a 340 
proposed development authorized under this subsection below the 341 
highest currently allowed height for a commercial or residential 342 
building development located in its jurisdiction within 1 mile 343 
of the proposed development or 3 stories, whichever is higher. 344 
For purposes of this paragraph, the term "highest currently 345 
allowed height" does not include the height of any building that 346 
met the requirements of this subsection or the height of any 347 
building that has received any bonus, variance, or other special 348 
exception for height provided in the municipality's land 349 
development regulations as an incentive for development. 350     
 
CS/CS/HB 1239  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1239-02-c2 
Page 15 of 38 
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 
 
 
 
 2.  If the proposed development is adjacent to, on two or 351 
more sides, a parcel zoned for single -family residential use 352 
that is within a single -family residential development with at 353 
least 25 contiguous single -family homes, the municipality may 354 
restrict the height of the proposed development to 150 percent 355 
of the tallest building on any property adjacent to the proposed 356 
development, the highest currently allow ed height for the 357 
property provided in the municipality's land development 358 
regulations, or 3 stories, whichever is higher. For the purposes 359 
of this paragraph, the term "adjacent to" means those properties 360 
sharing more than one point of a property line, but does not 361 
include properties separated by a public road. 362 
 (e)1.(d) A proposed development authorized under this 363 
subsection must be administratively approved and no public 364 
hearings or any further action by the governing body of the 365 
municipality or any other quasi-judicial board or reviewing body 366 
is required if the development satisfies the municipality's land 367 
development regulations for multifamily developments in areas 368 
zoned for such use and is otherwise consistent with the 369 
comprehensive plan, with the exc eption of provisions 370 
establishing allowable densities, floor area ratios, height, and 371 
land use. Such land development regulations include, but are not 372 
limited to, regulations relating to setbacks and parking 373 
requirements. 374 
 2.  A municipality may not restri ct the maximum lot size of 375     
 
CS/CS/HB 1239  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1239-02-c2 
Page 16 of 38 
F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
a proposed development authorized under this paragraph below the 376 
highest currently allowed maximum lot size on any unincorporated 377 
land in the municipality where multifamily or mixed -use 378 
residential development is allowed under th e municipality's land 379 
development regulations. 380 
 3.  A proposed development located within one -quarter mile 381 
of a military installation identified in s. 163.3175(2) may not 382 
be administratively approved. Each municipality shall maintain 383 
on its website a polic y containing procedures and expectations 384 
for administrative approval pursuant to this subsection. 385 
 (f)1.(e) A municipality must reduce consider reducing 386 
parking requirements by at least 20 percent for a proposed 387 
development authorized under this subsectio n if the development : 388 
 a. Is located within one-quarter one-half mile of a major 389 
transit stop, as defined in the municipality's land development 390 
code, and the major transit stop is accessible from the 391 
development. 392 
 b.  Is located within one -half mile of a major 393 
transportation hub that is accessible from the proposed 394 
development by safe, pedestrian -friendly means, such as 395 
sidewalks, crosswalks, elevated pedestrian or bike paths, or 396 
other multimodal design features. 397 
 c.  Has available parking within 600 feet of the proposed 398 
development which may consist of options such as on -street 399 
parking, parking lots, or parking garages available for use by 400     
 
CS/CS/HB 1239  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1239-02-c2 
Page 17 of 38 
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 
 
 
 
residents of the proposed development. However, a municipality 401 
may not require that the available parking compensate for the 402 
reduction in parking requirements. 403 
 2.  A municipality must eliminate parking requirements for 404 
a proposed mixed-use residential development authorized under 405 
this subsection within an area recognized by the municipality as 406 
a transit-oriented development or area, as provided in paragraph 407 
(h). 408 
 3.  For purposes of this paragraph, the term "major 409 
transportation hub" means any transit station, whether bus, 410 
train, or light rail, which is served by public transit with a 411 
mix of other transportation o ptions. 412 
 (g)(f) A municipality that designates less than 20 percent 413 
of the land area within its jurisdiction for commercial or 414 
industrial use must authorize a proposed multifamily development 415 
as provided in this subsection in areas zoned for commercial or 416 
industrial use only if the proposed multifamily development is 417 
mixed-use residential. 418 
 (h)  A proposed development authorized under this 419 
subsection which is located within a transit -oriented 420 
development or area, as recognized by the municipality, must be 421 
mixed-use residential and otherwise comply with requirements of 422 
the municipality's regulations applicable to the transit -423 
oriented development or area except for use, height, density, 424 
floor area ratio, and parking as provided in this subsection or 425     
 
CS/CS/HB 1239  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1239-02-c2 
Page 18 of 38 
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 
 
 
 
as otherwise agreed to by the municipality and the applicant for 426 
the development. 427 
 (i)(g) Except as otherwise provided in this subsection, a 428 
development authorized under this subsection must comply with 429 
all applicable state and local laws and regulations. 430 
 (j)1.  Nothing in this subsection precludes a municipality 431 
from granting a bonus, variance, conditional use, or other 432 
special exception to height, density, or floor area ratio in 433 
addition to the height, density, and floor area ratio 434 
requirements in this subsectio n. 435 
 2.  Nothing in this subsection precludes a proposed 436 
development authorized under this subsection from receiving a 437 
bonus for density, height, or floor area ratio pursuant to an 438 
ordinance or regulation of the jurisdiction where the proposed 439 
development is located if the proposed development satisfies the 440 
conditions to receive the bonus except for any condition which 441 
conflicts with this subsection. If a proposed development 442 
qualifies for such bonus, the bonus must be administratively 443 
approved by the munici pality and no further action by the 444 
governing body of the municipality is required. 445 
 (k)  As used in this subsection, the term "commercial use" 446 
means activities associated with the sale, rental, or 447 
distribution of products or the sale or performance of ser vices. 448 
The term includes, but is not limited to, retail, office, 449 
entertainment, and other for -profit business activities. 450     
 
CS/CS/HB 1239  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1239-02-c2 
Page 19 of 38 
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 
 
 
 
 (l)(h) This subsection does not apply to : 451 
 1.  Airport-impacted areas as provided in s. 333.03. 452 
 2. Property defined as recreationa l and commercial working 453 
waterfront in s. 342.201(2)(b) in any area zoned as industrial. 454 
 (m)(i) This subsection expires October 1, 2033. 455 
 (8)  Any development authorized under paragraph (7)(a) must 456 
be treated as a conforming use even after the expiration of 457 
subsection (7) and the development's affordability period as 458 
provided in paragraph (7)(a), notwithstanding the municipality's 459 
comprehensive plan, future land use designation, or zoning. If 460 
at any point during the development's affordability period the 461 
development violates the affordability period requirement 462 
provided in paragraph (7)(a), the development must be allowed a 463 
reasonable time to cure such violation. If the violation is not 464 
cured within a reasonable time, the development must be treated 465 
as a nonconforming use. 466 
 (9)(a)  Municipality review or approval of an application 467 
for development permit or development order may not be 468 
conditioned upon the waiver, forbearance, or abandonment of any 469 
development right authorized by this section. Any such waive r, 470 
forbearance, or abandonment is void. 471 
 (b)  Municipality review of any application for development 472 
of nonresidential uses is limited to the requested uses and may 473 
not consider whether other uses are allowed under this section. 474 
 Section 3.  An applicant for a proposed development 475     
 
CS/CS/HB 1239  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1239-02-c2 
Page 20 of 38 
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 
 
 
 
authorized under s. 125.01055(7) or s. 166.04151(7), Florida 476 
Statutes, who submitted an application, written request, or 477 
notice of intent to utilize such provisions to the county or 478 
municipality and which has been received by th e county or 479 
municipality, as applicable, before the effective date of this 480 
act may notify the county or municipality by July 1, 2024, of 481 
its intent to proceed under the provisions of ss. 125.01055(7) 482 
or 166.04151(7), Florida Statutes, as they existed at th e time 483 
of submittal. A county or municipality shall allow an applicant 484 
who submitted such application, written request, or notice of 485 
intent before the effective date of this act the opportunity to 486 
submit a revised application, written request, or notice of 487 
intent to account for the changes made by this act. 488 
 Section 4.  Subsection (3) of section 196.1978, Florida 489 
Statutes, is amended to read: 490 
 196.1978  Affordable housing property exemption. — 491 
 (3)(a)  As used in this subsection, the term: 492 
 1.  "Corporation" means the Florida Housing Finance 493 
Corporation. 494 
 2.  "Newly constructed" means an improvement to real 495 
property which was substantially completed within 5 years before 496 
the date of an applicant's first submission of a request for a 497 
certification notice or an application for an exemption pursuant 498 
to this subsection section, whichever is earlier . 499 
 3.  "Substantially completed" has the same meaning as in s. 500     
 
CS/CS/HB 1239  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1239-02-c2 
Page 21 of 38 
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 
 
 
 
192.042(1). 501 
 (b)  Notwithstanding ss. 196.195 and 196.196, portions of 502 
property in a multifamily project are considered property used 503 
for a charitable purpose and are eligible to receive an ad 504 
valorem property tax exemption if such portions meet all of the 505 
following conditions : 506 
 1.  Provide affordable housing to natural persons or 507 
families meeting the income limitations provided in paragraph 508 
(d).; 509 
 2.a. Are within a newly constructed multifamily project 510 
that contains more than 70 units dedicated to housing natural 511 
persons or families meeting the income limitations provided in 512 
paragraph (d); or 513 
 b.  Are within a newly constructed multifamily project in 514 
an area of critical state concern, as designated by s. 380.0552 515 
or chapter 28-36, Florida Administrative Code, which contains 516 
more than 10 units dedicated to housing natural persons or 517 
families meeting the incom e limitations provided in paragraph 518 
(d). and 519 
 3.  Are rented for an amount that does not exceed the 520 
amount as specified by the most recent multifamily rental 521 
programs income and rent limit chart posted by the corporation 522 
and derived from the Multifamily Ta x Subsidy Projects Income 523 
Limits published by the United States Department of Housing and 524 
Urban Development or 90 percent of the fair market value rent as 525     
 
CS/CS/HB 1239  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1239-02-c2 
Page 22 of 38 
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 
 
 
 
determined by a rental market study meeting the requirements of 526 
paragraph (l) (m), whichever is less. 527 
 (c)  If a unit that in the previous year received qualified 528 
for the exemption under this subsection and was occupied by a 529 
tenant is vacant on January 1, the vacant unit is eligible for 530 
the exemption if the use of the unit is restricted to providing 531 
affordable housing that would otherwise meet the requirements of 532 
this subsection and a reasonable effort is made to lease the 533 
unit to eligible persons or families. 534 
 (d)1.  The property appraiser shall exempt: 535 
 a.  Seventy-five percent of the assessed value of the units 536 
in multifamily projects that meet the requirements of th is 537 
subsection and are Qualified property used to house natural 538 
persons or families whose annual household income is greater 539 
than 80 percent but not more than 120 percent of the median 540 
annual adjusted gross income for households within the 541 
metropolitan statistical area or, if not within a metropolitan 542 
statistical area, within the county in which the person or 543 
family resides; and, must receive an ad valorem property tax 544 
exemption of 75 percent of the assessed value. 545 
 b.2. From ad valorem property taxes the u nits in 546 
multifamily projects that meet the requirements of this 547 
subsection and are Qualified property used to house natural 548 
persons or families whose annual household income does not 549 
exceed 80 percent of the median annual adjusted gross income for 550     
 
CS/CS/HB 1239  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1239-02-c2 
Page 23 of 38 
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 
 
 
 
households within the metropolitan statistical area or, if not 551 
within a metropolitan statistical area, within the county in 552 
which the person or family resides , is exempt from ad valorem 553 
property taxes. 554 
 2.  When determining the value of a unit for purposes of 555 
applying an exemption pursuant to this paragraph, the property 556 
appraiser must include in such valuation the proportionate share 557 
of the residential common areas, including the land, fairly 558 
attributable to such unit. 559 
 (e)  To be eligible to receive an exemption under this 560 
subsection, a property owner must submit an application on a 561 
form prescribed by the department by March 1 for the exemption, 562 
accompanied by a certification notice from the corporation to 563 
the property appraiser. The property appraiser shall r eview the 564 
application and determine whether the applicant meets all of the 565 
requirements of this subsection and is entitled to an exemption. 566 
A property appraiser may request and review additional 567 
information necessary to make such determination. A property 568 
appraiser may grant an exemption only for a property for which 569 
the corporation has issued a certification notice and which the 570 
property appraiser determines is entitled to an exemption. 571 
 (f)  To receive a certification notice, a property owner 572 
must submit a request to the corporation for certification on a 573 
form provided by the corporation which includes all of the 574 
following: 575     
 
CS/CS/HB 1239  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1239-02-c2 
Page 24 of 38 
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 
 
 
 
 1.  The most recently completed rental market study meeting 576 
the requirements of paragraph (l) (m). 577 
 2.  A list of the units for which the property owner seeks 578 
an exemption. 579 
 3.  The rent amount received by the property owner for each 580 
unit for which the property owner seeks an exemption. If a unit 581 
is vacant and qualifies for an exemption under paragraph (c), 582 
the property owner must provi de evidence of the published rent 583 
amount for each vacant unit. 584 
 4.  A sworn statement, under penalty of perjury, from the 585 
applicant restricting the property for a period of not less than 586 
3 years to housing persons or families who meet the income 587 
limitations under this subsection. 588 
 (g)  The corporation shall review the request for a 589 
certification notice and certify whether a property that meets 590 
the eligibility criteria of paragraphs (b) and (c) this 591 
subsection. A determination by the corporation regarding a 592 
request for a certification notice does not constitute a grant 593 
of an exemption pursuant to this subsection or final agency 594 
action pursuant to chapter 120. 595 
 1.  If the corporation determines that the property meets 596 
the eligibility criteria for an exemption under this subsection , 597 
the corporation must send a certification notice to the property 598 
owner and the property appraiser. 599 
 2.  If the corporation determines that the property does 600     
 
CS/CS/HB 1239  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1239-02-c2 
Page 25 of 38 
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 
 
 
 
not meet the eligibility criteria, the corporation must notify 601 
the property owner and include the reasons for such 602 
determination. 603 
 (h)  The corporation shall post on its website the deadline 604 
to submit a request for a certification notice. The deadline 605 
must allow adequate time for a property owner to submit a timely 606 
application for exemption to the property appraiser. 607 
 (i)  The property appraiser shall review the application 608 
and determine if the applicant is entitled to an exemption. A 609 
property appraiser may grant an exemption only for a property 610 
for which the corporation has issued a certification notice. 611 
 (i)(j) If the property appraiser determines that for any 612 
year during the immediately previous 10 years a person who was 613 
not entitled to an exemption under this subsection was granted 614 
such an exemption, the property appraiser must serve upon the 615 
owner a notice of intent to record in the public records of the 616 
county a notice of tax lien against any property owned by that 617 
person in the county, and that property must be identified in 618 
the notice of tax lien. Any property owned by the t axpayer and 619 
situated in this state is subject to the taxes exempted by the 620 
improper exemption, plus a penalty of 50 percent of the unpaid 621 
taxes for each year and interest at a rate of 15 percent per 622 
annum. If an exemption is improperly granted as a result of a 623 
clerical mistake or an omission by the property appraiser, the 624 
property owner improperly receiving the exemption may not be 625     
 
CS/CS/HB 1239  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1239-02-c2 
Page 26 of 38 
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 
 
 
 
assessed a penalty or interest. 626 
 (j)(k) Units subject to an agreement with the corporation 627 
pursuant to chapter 420 recorded in the official records of the 628 
county in which the property is located to provide housing to 629 
natural persons or families meeting the extremely -low-income, 630 
very-low-income, or low-income limits specified in s. 420.0004 631 
are not eligible for this exemption. 632 
 (k)(l) Property receiving an exemption pursuant to s. 633 
196.1979 is not eligible for this exemption. 634 
 (l)(m) A rental market study submitted as required by 635 
subparagraph (f)1. paragraph (f) must identify the fair market 636 
value rent of each unit for which a pro perty owner seeks an 637 
exemption. Only a certified general appraiser as defined in s. 638 
475.611 may issue a rental market study. The certified general 639 
appraiser must be independent of the property owner who requests 640 
the rental market study. In preparing the re ntal market study, a 641 
certified general appraiser shall comply with the standards of 642 
professional practice pursuant to part II of chapter 475 and use 643 
comparable property within the same geographic area and of the 644 
same type as the property for which the exem ption is sought. A 645 
rental market study must have been completed within 3 years 646 
before submission of the application. 647 
 (m)(n) The corporation may adopt rules to implement this 648 
section. 649 
 (n)(o) This subsection first applies to the 2024 tax roll 650     
 
CS/CS/HB 1239  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1239-02-c2 
Page 27 of 38 
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 
 
 
 
and is repealed December 31, 2059. 651 
 Section 5.  Subsections (6) and (7) of section 196.1979, 652 
Florida Statutes, are renumbered as subsections (8) and (9), 653 
respectively, paragraph (b) of subsection (1), subsection (2), 654 
paragraphs (d), (f), and (l) of subsection (3), and subsection 655 
(5) are amended, and new subsections (6) and (7) are added to 656 
that section, to read: 657 
 196.1979  County and municipal affordable housing property 658 
exemption.— 659 
 (1) 660 
 (b)  Qualified property may receive an ad valorem property 661 
tax exemption of: 662 
 1.  Up to 75 percent of the assessed value of each 663 
residential unit used to provide affordable housing if fewer 664 
than 100 percent of the multifamily project's residential units 665 
are used to provide affordable housing meeting the requirements 666 
of this section. 667 
 2.  Up to 100 percent of the assessed value of each 668 
residential unit used to provide affordable housing if 100 669 
percent of the multifamily project's residential units are used 670 
to provide affordable housing meeting the requirements of this 671 
section. 672 
 (2)  If a residential unit that in the previous year 673 
received qualified for the exemption under this section and was 674 
occupied by a tenant is vacant on January 1, the vacant unit may 675     
 
CS/CS/HB 1239  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1239-02-c2 
Page 28 of 38 
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 
 
 
 
qualify for the exemption under this section if the use of the 676 
unit is restricted to providing affordable housing that would 677 
otherwise meet the requirements of this section and a reasonable 678 
effort is made to lease the unit to eligible persons or 679 
families. 680 
 (3)  An ordinance granting the exemption authorized by this 681 
section must: 682 
 (d)  Require the local entity to verify and certify 683 
property that meets the requirements of the ordinance as 684 
qualified property and forward the certification to the property 685 
owner and the property appraiser. If the local entity denies the 686 
application for certification exemption, it must notify the 687 
applicant and include reasons for the denial. 688 
 (f)  Require the property owner to submit an application 689 
for exemption, on a form prescribed by the department, 690 
accompanied by the certification of qualified property , to the 691 
property appraiser no later than the deadline specified in s. 692 
196.011 March 1. 693 
 (l)  Require the county or municipality to post on its 694 
website a list of certified properties receiving the exemption 695 
for the purpose of facilitating access to afforda ble housing. 696 
 (5)  An ordinance adopted under this section must expire 697 
before the fourth January 1 after adoption; however, the board 698 
of county commissioners or the governing body of the 699 
municipality may adopt a new ordinance to renew the exemption. 700     
 
CS/CS/HB 1239  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1239-02-c2 
Page 29 of 38 
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 
 
 
 
The board of county commissioners or the governing body of the 701 
municipality shall deliver a copy of an ordinance adopted under 702 
this section to the department and the property appraiser within 703 
10 days after its adoption , but no later than January 1 of the 704 
year such exemption will take effect . If the ordinance expires 705 
or is repealed, the board of county commissioners or the 706 
governing body of the municipality must notify the department 707 
and the property appraiser within 10 days after its expiration 708 
or repeal, but no later than January 1 of the year the repeal or 709 
expiration of such exemption will take effect . 710 
 (6)  The property appraiser shall review each application 711 
for exemption and determine whether the applicant meets all of 712 
the requirements of this section and is entitled to an 713 
exemption. A property appraiser may request and review 714 
additional information necessary to make such determination. A 715 
property appraiser may grant an exemption only for a property 716 
for which the local entity has certified as qualified propert y 717 
and which the property appraiser determines is entitled to an 718 
exemption. 719 
 (7)  When determining the value of a unit for purposes of 720 
applying an exemption pursuant to this section, the property 721 
appraiser must include in such valuation the proportionate sh are 722 
of the residential common areas, including the land, fairly 723 
attributable to such unit. 724 
 Section 6.  The amendments made by this act to ss. 196.1978 725     
 
CS/CS/HB 1239  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1239-02-c2 
Page 30 of 38 
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 
 
 
 
and 196.1979, Florida Statutes, are intended to be remedial and 726 
clarifying in nature and apply retroac tively to January 1, 2024. 727 
 Section 7.  Subsection (5) of section 333.03, Florida 728 
Statutes, is renumbered as subsection (6), and a new subsection 729 
(5) is added to that section, to read: 730 
 333.03  Requirement to adopt airport zoning regulations. — 731 
 (5)  Sections 125.01055(7) and 166.04151(7) do not apply to 732 
any of the following: 733 
 (a)  A proposed development near a commercial service 734 
airport, as defined in s. 332.0075(1), runway within one -quarter 735 
of a mile laterally from the runway edge and within an area tha t 736 
is the width of one-quarter of a mile extending at right angles 737 
from the end of the runway for a distance of 10,000 feet of any 738 
existing runway or planned runway identified in the local 739 
government's airport master plan. 740 
 (b)  A proposed development withi n any airport noise zone 741 
identified in the federal land use compatibility table or 742 
currently in a land-use zoning or airport noise regulation 743 
adopted by the local government. 744 
 (c)  A proposed development that exceeds maximum height 745 
restrictions identified in the political subdivision's airport 746 
zoning regulation adopted pursuant to this section. 747 
 Section 8.  Subsection (35) of section 420.507, Florida 748 
Statutes, is amended to read: 749 
 420.507  Powers of the corporation. —The corporation shall 750     
 
CS/CS/HB 1239  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1239-02-c2 
Page 31 of 38 
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 
 
 
 
have all the powers necessary or convenient to carry out and 751 
effectuate the purposes and provisions of this part, including 752 
the following powers which are in addition to all other powers 753 
granted by other provisions of this part: 754 
 (35)  To preclude any applicant, sponsor, o r affiliate of 755 
an applicant or sponsor from further participation in any of the 756 
corporation's programs as provided in s. 420.518 , any applicant 757 
or affiliate of an applicant which has made a material 758 
misrepresentation or engaged in fraudulent actions in con nection 759 
with any application for a corporation program . 760 
 Section 9.  Paragraph (b) of subsection (1) of section 761 
420.50871, Florida Statutes, is amended, and subsection (6) is 762 
added to that section, to read: 763 
 420.50871  Allocation of increased revenues de rived from 764 
amendments to s. 201.15 made by ch. 2023 -17.—Funds that result 765 
from increased revenues to the State Housing Trust Fund derived 766 
from amendments made to s. 201.15 made by chapter 2023 -17, Laws 767 
of Florida, must be used annually for projects under t he State 768 
Apartment Incentive Loan Program under s. 420.5087 as set forth 769 
in this section, notwithstanding ss. 420.507(48) and (50) and 770 
420.5087(1) and (3). The Legislature intends for these funds to 771 
provide for innovative projects that provide affordable a nd 772 
attainable housing for persons and families working, going to 773 
school, or living in this state. Projects approved under this 774 
section are intended to provide housing that is affordable as 775     
 
CS/CS/HB 1239  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1239-02-c2 
Page 32 of 38 
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 
 
 
 
defined in s. 420.0004, notwithstanding the income limitations 776 
in s. 420.5087(2). Beginning in the 2023 -2024 fiscal year and 777 
annually for 10 years thereafter: 778 
 (1)  The corporation shall allocate 70 percent of the funds 779 
provided by this section to issue competitive requests for 780 
application for the affordable housing proje ct purposes 781 
specified in this subsection. The corporation shall finance 782 
projects that: 783 
 (b)1. Address urban infill, including conversions of 784 
vacant, dilapidated, or functionally obsolete buildings or the 785 
use of underused commercial property. 786 
 2.  As used in this paragraph, the term "urban infill" has 787 
the same meaning as in s. 163.3164. The term includes the 788 
development or redevelopment of mobile home parks and 789 
manufactured home communities that meet the urban infill 790 
criteria, in addition to the criteria of redevelopment of 791 
affordable housing development as provided under paragraph 792 
(1)(a). 793 
 (6)  A project financed under this section may not require 794 
that low-income housing tax credits under s. 42 of the Internal 795 
Revenue Code or tax-exempt bond financing be a part of the 796 
financing structure for the project. 797 
 Section 10.  Subsection (2) of section 420.50872, Florida 798 
Statutes, is amended to read: 799 
 420.50872  Live Local Program. — 800     
 
CS/CS/HB 1239  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1239-02-c2 
Page 33 of 38 
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 
 
 
 
 (2)  RESPONSIBILITIES OF THE CORPORATION ; PROHIBITIONS.— 801 
 (a) The corporation shall: 802 
 1.(a) Expend 100 percent of eligible contributions 803 
received under this section for the State Apartment Incentive 804 
Loan Program under s. 420.5087. However, the corporation may use 805 
up to $25 million of eligible contributions to provide loans for 806 
the construction of large-scale projects of significant regional 807 
impact. Such projects must include a substantial civic, 808 
educational, or health care use and may include a commercial 809 
use, any of which must be incorporated within or contiguous to 810 
the project property. Such a loan must be made, except as 811 
otherwise provided in this subsection, in accordance with the 812 
practices and policies of the State Apartment Incentive Loan 813 
Program. Such a loan is subject to the competitive application 814 
process and may not exceed 25 percent of the total project cost. 815 
The corporation must find that the loan provides a unique 816 
opportunity for investment alongside local government 817 
participation that would enable creation of a significant amount 818 
of affordable housing. Projects approved und er this section are 819 
intended to provide housing that is affordable as defined in s. 820 
420.0004, notwithstanding the income limitations in s. 821 
420.5087(2). 822 
 2.(b) Upon receipt of an eligible contribution, provide 823 
the taxpayer that made the contribution with a certificate of 824 
contribution. A certificate of contribution must include the 825     
 
CS/CS/HB 1239  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1239-02-c2 
Page 34 of 38 
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 
 
 
 
taxpayer's name; its federal employer identification number, if 826 
available; the amount contributed; and the date of contribution. 827 
 3.(c) Within 10 days after issuing a certificate of 828 
contribution, provide a copy to the Department of Revenue. 829 
 (b)  A project financed under this section may not require 830 
that low-income housing tax credits under s. 42 of the Internal 831 
Revenue Code or tax-exempt bond financing be a part of the 832 
financing structure for the project. 833 
 Section 11.  Subsection (3) of section 420.5096, Florida 834 
Statutes, is amended to read: 835 
 420.5096  Florida Hometown Hero Program. — 836 
 (3)  For loans made available pursuant to s. 837 
420.507(23)(a)1. or 2., the corporation may underwrite and make 838 
those mortgage loans through the program to persons or families 839 
who have household incomes that do not exceed 150 percent of the 840 
state median income or local median income, whichever is 841 
greater. A borrower must be seeking to purchase a home as a 842 
primary residence; must be a first -time homebuyer and a Florida 843 
resident; and must be employed full -time by a Florida-based 844 
employer. The borrower must provide documentation of full -time 845 
employment, or full-time status for self-employed individuals , 846 
of 35 hours or more per week . The requirement to be a first -time 847 
homebuyer does not apply to a borrower who is an active duty 848 
servicemember of a branch of the armed forces or the Florida 849 
National Guard, as defined in s. 250.01, or a veteran. 850     
 
CS/CS/HB 1239  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1239-02-c2 
Page 35 of 38 
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 
 
 
 
 Section 12.  Section 420.518, Florida Statutes, is amended 851 
to read: 852 
 420.518  Preclusion from participation in corporation 853 
programs Fraudulent or material misrepresentation .— 854 
 (1)  An applicant, a sponsor, or an affiliate of an 855 
applicant or a sponsor may be precluded from participation in 856 
any corporation program if the applicant , the sponsor, or the 857 
affiliate of the applicant or sponsor has: 858 
 (a)  Made a material misrepresentation or engaged in 859 
fraudulent actions in connection with any corporation program. 860 
 (b)  Been convicted or found guilty of, or entered a plea 861 
of guilty or nolo contendere to, regardless of adjudication, a 862 
crime in any jurisdiction which directly relates to the 863 
financing, construction, or management of affor dable housing or 864 
the fraudulent procurement of state or federal funds. The record 865 
of a conviction certified or authenticated in such form as to be 866 
admissible in evidence under the laws of the state shall be 867 
admissible as prima facie evidence of such guilt. 868 
 (c)  Been excluded from any federal funding program related 869 
to the provision of housing , including debarment from 870 
participation in federal housing programs by the United States 871 
Department of Housing and Urban Development . 872 
 (d)  Been excluded from any federal or Florida procurement 873 
programs. 874 
 (e)  Offered or given consideration, other than the 875     
 
CS/CS/HB 1239  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1239-02-c2 
Page 36 of 38 
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 
 
 
 
consideration to provide affordable housing, with respect to a 876 
local contribution. 877 
 (f)  Demonstrated a pattern of noncompliance and a failure 878 
to correct any such no ncompliance after notice from the 879 
corporation in the construction, operation, or management of one 880 
or more developments funded through a corporation program. 881 
 (g)  Materially or repeatedly violated any condition 882 
imposed by the corporation in connection wit h the administration 883 
of a corporation program, including a land use restriction 884 
agreement, an extended use agreement, or any other financing or 885 
regulatory agreement with the corporation. 886 
 (2)  Upon a determination by the board of directors of the 887 
corporation that an applicant or affiliate of the applicant be 888 
precluded from participation in any corporation program, the 889 
board may issue an order taking any or all of the following 890 
actions: 891 
 (a)  Preclude such applicant or affiliate from applying for 892 
funding from any corporation program for a specified period. The 893 
period may be a specified period of time or permanent in nature. 894 
With regard to establishing the duration, the board shall 895 
consider the facts and circumstances, inclusive of the 896 
compliance history of th e applicant or affiliate of the 897 
applicant, the type of action under subsection (1), and the 898 
degree of harm to the corporation's programs that has been or 899 
may be done. 900     
 
CS/CS/HB 1239  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1239-02-c2 
Page 37 of 38 
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 
 
 
 
 (b)  Revoke any funding previously awarded by the 901 
corporation for any development for wh ich construction or 902 
rehabilitation has not commenced. 903 
 (3)  Before any order issued under this section can be 904 
final, an administrative complaint must be served on the 905 
applicant, affiliate of the applicant, or its registered agent 906 
that provides notification of findings of the board, the 907 
intended action, and the opportunity to request a proceeding 908 
pursuant to ss. 120.569 and 120.57. 909 
 (4)  Any funding, allocation of federal housing credits, 910 
credit underwriting procedures, or application review for any 911 
development for which construction or rehabilitation has not 912 
commenced may be suspended by the corporation upon the service 913 
of an administrative complaint on the applicant, affiliate of 914 
the applicant, or its registered agent. The suspension shall be 915 
effective from the date the administrative complaint is served 916 
until an order issued by the corporation in regard to that 917 
complaint becomes final. 918 
 Section 13.  For the 2024-2025 fiscal year, from the funds 919 
received and deposited into the General Revenue Fund from the 920 
state's allocation from the federal Coronavirus State Fiscal 921 
Recovery Fund created under the American Rescue Plan Act of 922 
2021, Pub. L. No. 117 -2, the sum of $100 million in nonrecurring 923 
funds is appropriated to the State Housing Trust Fund for use by 924 
the Florida Housing Finance Corporation to implement the Florida 925     
 
CS/CS/HB 1239  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1239-02-c2 
Page 38 of 38 
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 
 
 
 
Hometown Hero Program established in s. 420.5096, Florida 926 
Statutes. 927 
 Section 14.  This act shall take effect upon becoming a 928 
law. 929