Florida Senate - 2024 CS for SB 328 By the Committee on Community Affairs; and Senator Calatayud 578-01993-24 2024328c1 1 A bill to be entitled 2 An act relating to affordable housing; amending ss. 3 125.01055 and 166.04151, F.S.; deleting a provision 4 related to the authorization of multifamily and mixed 5 use residential development uses in any area zoned for 6 industrial use; prohibiting counties and 7 municipalities, respectively, from restricting the 8 floor area ratio of certain proposed developments 9 under certain circumstances; providing that the 10 density or floor area ratio of certain developments, 11 bonuses, variances, or other special exceptions are 12 not included in the calculation of the currently 13 allowed density or floor area ratio by counties and 14 municipalities, respectively; revising prohibitions 15 relating to counties and municipalities restrictions 16 of the height of certain proposed developments, 17 respectively; authorizing counties and municipalities, 18 respectively, to restrict the height of proposed 19 developments under certain circumstances; providing 20 that certain factors may not be taken into account in 21 the calculation of the currently allowed height; 22 prohibiting the administrative approval by counties 23 and municipalities, respectively, of a proposed 24 development within a specified proximity to a military 25 installation; requiring counties and municipalities, 26 respectively, to maintain a certain policy on their 27 websites; requiring counties and municipalities, 28 respectively, to consider reducing parking 29 requirements under certain circumstances; requiring 30 counties and municipalities, respectively, to reduce 31 or eliminate parking requirements for certain proposed 32 mixed-use developments that meet certain requirements; 33 defining the term major transportation hub; 34 providing certain requirements for developments 35 located within a transit-oriented development or area; 36 making technical changes; providing requirements for 37 developments authorized as a transit-oriented 38 development or area; revising applicability; 39 authorizing specified developments to be treated as a 40 conforming use; amending s. 196.1978, F.S.; revising 41 the definition of the term newly constructed; 42 defining the term substantial rehabilitation; 43 revising conditions for when multifamily projects are 44 considered property used for a charitable purpose and 45 are eligible to receive an ad valorem property tax 46 exemption; making technical changes; requiring 47 property appraisers to make certain exemptions from ad 48 valorem property taxes; providing the method for 49 determining the value of a unit for certain purposes; 50 requiring property appraisers to review certain 51 applications and make certain determinations; 52 authorizing property appraisers to request and review 53 additional information; authorizing property 54 appraisers to grant exemptions only under certain 55 conditions; revising requirements for property owners 56 seeking a certification notice from the Florida 57 Housing Finance Corporation; providing that a certain 58 determination by the corporation does not constitute 59 an exemption; specifying requirements for a market 60 value analysis; conforming provisions to changes made 61 by the act; providing for retroactive application; 62 amending s. 333.03, F.S.; excluding certain proposed 63 developments from specified airport zoning provisions; 64 amending s. 420.507, F.S.; revising the enumerated 65 powers of the Florida Housing Finance Corporation; 66 amending s. 420.5096, F.S.; making technical changes; 67 amending s. 420.518, F.S.; specifying conditions under 68 which the Florida Housing Finance Corporation may 69 preclude applicants from corporation programs; 70 providing an appropriation; providing an effective 71 date. 72 73 Be It Enacted by the Legislature of the State of Florida: 74 75 Section 1.Subsection (7) of section 125.01055, Florida 76 Statutes, is amended, and subsection (8) is added to that 77 section, to read: 78 125.01055Affordable housing. 79 (7)(a)A county must authorize multifamily and mixed-use 80 residential as allowable uses in any area zoned for commercial, 81 industrial, or mixed use if at least 40 percent of the 82 residential units in a proposed multifamily rental development 83 are rental units that, for a period of at least 30 years, are 84 affordable as defined in s. 420.0004. Notwithstanding any other 85 law, local ordinance, or regulation to the contrary, a county 86 may not require a proposed multifamily development to obtain a 87 zoning or land use change, special exception, conditional use 88 approval, variance, or comprehensive plan amendment for the 89 building height, zoning, and densities authorized under this 90 subsection. For mixed-use residential projects, at least 65 91 percent of the total square footage must be used for residential 92 purposes. 93 (b)A county may not restrict the density or floor area 94 ratio of a proposed development authorized under this subsection 95 below the highest currently allowed density or floor area ratio 96 on any unincorporated land in the county where residential 97 development is allowed under the countys land development 98 regulations. The currently allowed density or floor area ratio 99 does not include the density or floor area ratio of any 100 development that meets the requirements of this subsection or 101 any bonus, variance, or other special exception for density or 102 floor area ratio provided in the countys land development 103 regulations as an incentive for development. 104 (c)A county may not restrict the height of a proposed 105 development authorized under this subsection below the highest 106 currently allowed height for a commercial or residential 107 building development located in its jurisdiction within one 108 quarter 1 mile of the proposed development or 3 stories, 109 whichever is higher. If the height of each building on property 110 adjacent to the proposed development is 3 stories or less, the 111 county may restrict the height of the proposed development to 112 135 percent of the tallest building on property adjacent to the 113 proposed development or 3 stories, whichever is higher. The 114 currently allowed height does not include the height of any 115 development that meets the requirements of this subsection or 116 any bonus, variance, or other special exception for height 117 provided in the countys land development regulations as an 118 incentive for development. 119 (d)A proposed development authorized under this subsection 120 must be administratively approved and no further action by the 121 board of county commissioners is required if the development 122 satisfies the countys land development regulations for 123 multifamily developments in areas zoned for such use and is 124 otherwise consistent with the comprehensive plan, with the 125 exception of provisions establishing allowable densities, 126 height, and land use. Such land development regulations include, 127 but are not limited to, regulations relating to setbacks and 128 parking requirements. A proposed development located within one 129 quarter mile of a military installation identified in s. 130 163.3175(2) may not be administratively approved. Each county 131 shall maintain on its website a policy containing procedures and 132 expectations for administrative approval pursuant to this 133 subsection. 134 (e)1.A county must consider reducing parking requirements 135 for a proposed development authorized under this subsection if 136 the development is located within one-quarter one-half mile of a 137 major transit stop, as defined in the countys land development 138 code, and the major transit stop is accessible from the 139 development. 140 2.A county must reduce parking requirements for a proposed 141 development authorized under this subsection if the development 142 is located within one-half mile of a major transportation hub 143 that is accessible from the development by safe, pedestrian 144 friendly means, such as sidewalks, crosswalks, elevated 145 pedestrian or bike paths, or other multimodal design features. 146 3.A county must eliminate parking requirements for a 147 proposed mixed-use residential development authorized under this 148 subsection within an area recognized by the county as a transit 149 oriented development or area, as provided in paragraph (g). 150 4.For purposes of this paragraph, the term major 151 transportation hub means any transit station, whether bus, 152 train, or light rail, which is served by public transit with a 153 mix of other transportation options. 154 (f)For proposed multifamily developments in an 155 unincorporated area zoned for commercial or industrial use which 156 is within the boundaries of a multicounty independent special 157 district that was created to provide municipal services and is 158 not authorized to levy ad valorem taxes, and less than 20 159 percent of the land area within such district is designated for 160 commercial or industrial use, a county must authorize, as 161 provided in this subsection, such development only if the 162 development is mixed-use residential. 163 (g)A development authorized under this section which is 164 located within a transit-oriented development or area, as 165 recognized by the county, must be mixed-use residential and 166 otherwise comply with requirements of the countys regulations 167 applicable to the transit-oriented development or area except 168 for use, height, density, and floor area ratio as provided in 169 this section or as otherwise agreed to by the county and the 170 applicant for the development. 171 (h)Except as otherwise provided in this subsection, a 172 development authorized under this subsection must comply with 173 all applicable state and local laws and regulations. 174 (i)(h)This subsection does not apply to airport-impacted 175 areas as provided in s. 333.03 property defined as recreational 176 and commercial working waterfront in s. 342.201(2)(b) in any 177 area zoned as industrial. 178 (j)(i)This subsection expires October 1, 2033. 179 (8)Any development authorized under paragraph (7)(a) must 180 be treated as a conforming use even after the expiration of 181 subsection (7) and the developments affordability period as 182 provided in paragraph (7)(a), notwithstanding the countys 183 comprehensive plan, future land use designation, or zoning. If 184 at any point during the developments affordability period the 185 development violates the affordability period requirement 186 provided in paragraph (7)(a), the development must be allowed a 187 reasonable time to cure such violation. If the violation is not 188 cured within a reasonable time, the development must be treated 189 as a nonconforming use. 190 Section 2.Subsection (7) of section 166.04151, Florida 191 Statutes, is amended, and subsection (8) is added to that 192 section, to read: 193 166.04151Affordable housing. 194 (7)(a)A municipality must authorize multifamily and mixed 195 use residential as allowable uses in any area zoned for 196 commercial, industrial, or mixed use if at least 40 percent of 197 the residential units in a proposed multifamily rental 198 development are rental units that, for a period of at least 30 199 years, are affordable as defined in s. 420.0004. Notwithstanding 200 any other law, local ordinance, or regulation to the contrary, a 201 municipality may not require a proposed multifamily development 202 to obtain a zoning or land use change, special exception, 203 conditional use approval, variance, or comprehensive plan 204 amendment for the building height, zoning, and densities 205 authorized under this subsection. For mixed-use residential 206 projects, at least 65 percent of the total square footage must 207 be used for residential purposes. 208 (b)A municipality may not restrict the density or floor 209 area ratio of a proposed development authorized under this 210 subsection below the highest currently allowed density or floor 211 area ratio on any land in the municipality where residential 212 development is allowed under the municipalitys land development 213 regulations. The currently allowed density or floor area ratio 214 does not include the density or floor area ratio of any 215 development that meets the requirements of this subsection or 216 any bonus, variance, or other special exception for density or 217 floor area ratio provided in the municipalitys land development 218 regulations as an incentive for development. 219 (c)A municipality may not restrict the height of a 220 proposed development authorized under this subsection below the 221 highest currently allowed height for a commercial or residential 222 building development located in its jurisdiction within one 223 quarter 1 mile of the proposed development or 3 stories, 224 whichever is higher. If the height of each building on property 225 adjacent to the proposed development is 3 stories or less, the 226 municipality may restrict the height to 135 percent of the 227 tallest building on property adjacent to the proposed 228 development or 3 stories, whichever is higher. The currently 229 allowed height does not include the height of any development 230 that meets the requirements of this subsection or any bonus, 231 variance, or other special exception for height provided in the 232 municipalitys land development regulations as an incentive for 233 development. 234 (d)A proposed development authorized under this subsection 235 must be administratively approved and no further action by the 236 governing body of the municipality is required if the 237 development satisfies the municipalitys land development 238 regulations for multifamily developments in areas zoned for such 239 use and is otherwise consistent with the comprehensive plan, 240 with the exception of provisions establishing allowable 241 densities, height, and land use. Such land development 242 regulations include, but are not limited to, regulations 243 relating to setbacks and parking requirements. A proposed 244 development located within one-quarter mile of a military 245 installation identified in s. 163.3175(2) may not be 246 administratively approved. Each municipality shall maintain on 247 its website a policy containing procedures and expectations for 248 administrative approval pursuant to this subsection. 249 (e)1.A municipality must consider reducing parking 250 requirements for a proposed development authorized under this 251 subsection if the development is located within one-quarter one 252 half mile of a major transit stop, as defined in the 253 municipalitys land development code, and the major transit stop 254 is accessible from the development. 255 2.A municipality must reduce parking requirements for a 256 proposed development authorized under this subsection if the 257 development is located within one-half mile of a major 258 transportation hub that is accessible from the development by 259 safe, pedestrian-friendly means, such as sidewalks, crosswalks, 260 elevated pedestrian or bike paths, or other multimodal design 261 features. 262 3.A municipality must eliminate parking requirements for a 263 proposed mixed-use residential development authorized under this 264 subsection within an area recognized by the municipality as a 265 transit-oriented development or area, as provided in paragraph 266 (g). 267 4.For purposes of this paragraph, the term major 268 transportation hub means any transit station, whether bus, 269 train, or light rail, which is served by public transit with a 270 mix of other transportation options. 271 (f)A municipality that designates less than 20 percent of 272 the land area within its jurisdiction for commercial or 273 industrial use must authorize a proposed multifamily development 274 as provided in this subsection in areas zoned for commercial or 275 industrial use only if the proposed multifamily development is 276 mixed-use residential. 277 (g)A development authorized under this section which is 278 located within a transit-oriented development or area, as 279 recognized by the municipality, must be mixed-use residential 280 and otherwise comply with requirements of the municipalitys 281 regulations applicable to the transit-oriented development or 282 area except for use, height, density, and floor area ratio as 283 provided in this section or as otherwise agreed to by the 284 municipality and the applicant for the development. 285 (h)Except as otherwise provided in this subsection, a 286 development authorized under this subsection must comply with 287 all applicable state and local laws and regulations. 288 (i)(h)This subsection does not apply to airport-impacted 289 areas as provided in s. 333.03 property defined as recreational 290 and commercial working waterfront in s. 342.201(2)(b) in any 291 area zoned as industrial. 292 (j)(i)This subsection expires October 1, 2033. 293 Section 3.Subsection (3) of section 196.1978, Florida 294 Statutes, is amended to read: 295 196.1978Affordable housing property exemption. 296 (3)(a)As used in this subsection, the term: 297 1.Corporation means the Florida Housing Finance 298 Corporation. 299 2.Newly constructed means an improvement or the 300 substantial rehabilitation of an existing improvement to real 301 property which was substantially completed within 5 years before 302 the date of an applicants first submission of a request for a 303 certification notice or an application for an exemption pursuant 304 to this subsection section, whichever is earlier. 305 3.Substantially completed has the same meaning as in s. 306 192.042(1). 307 4.Substantial rehabilitation means the repair or 308 restoration of a unit which increases the market value of such 309 unit by at least 40 percent. 310 (b)Notwithstanding ss. 196.195 and 196.196, portions of 311 property in a multifamily project are considered property used 312 for a charitable purpose and are eligible to receive an ad 313 valorem property tax exemption if such portions meet all of the 314 following conditions: 315 1.Provide affordable housing to natural persons or 316 families meeting the income limitations provided in paragraph 317 (d).; 318 2.a.Are within a newly constructed multifamily project 319 that contains more than 70 units dedicated to housing natural 320 persons or families meeting the income limitations provided in 321 paragraph (d); or 322 b.Are within a newly constructed multifamily project in an 323 area of critical state concern, as designated by s. 380.0552 or 324 chapter 28-36, Florida Administrative Code, which contains more 325 than 10 units dedicated to housing natural persons or families 326 meeting the income limitations provided in paragraph (d). and 327 3.Are rented for an amount that does not exceed the amount 328 as specified by the most recent multifamily rental programs 329 income and rent limit chart posted by the corporation and 330 derived from the Multifamily Tax Subsidy Projects Income Limits 331 published by the United States Department of Housing and Urban 332 Development or 90 percent of the fair market value rent as 333 determined by a rental market study meeting the requirements of 334 paragraph (l) (m), whichever is less. 335 (c)If a unit that in the previous year received qualified 336 for the exemption under this subsection and was occupied by a 337 tenant is vacant on January 1, the vacant unit is eligible for 338 the exemption if the use of the unit is restricted to providing 339 affordable housing that would otherwise meet the requirements of 340 this subsection and a reasonable effort is made to lease the 341 unit to eligible persons or families. 342 (d)1.The property appraiser shall exempt: 343 a.Seventy-five percent of the assessed value of the units 344 in multifamily projects that meet the requirements of this 345 subsection and are Qualified property used to house natural 346 persons or families whose annual household income is greater 347 than 80 percent but not more than 120 percent of the median 348 annual adjusted gross income for households within the 349 metropolitan statistical area or, if not within a metropolitan 350 statistical area, within the county in which the person or 351 family resides; and, must receive an ad valorem property tax 352 exemption of 75 percent of the assessed value. 353 b.2.From ad valorem property taxes the units in 354 multifamily projects that meet the requirements of this 355 subsection and are Qualified property used to house natural 356 persons or families whose annual household income does not 357 exceed 80 percent of the median annual adjusted gross income for 358 households within the metropolitan statistical area or, if not 359 within a metropolitan statistical area, within the county in 360 which the person or family resides, is exempt from ad valorem 361 property taxes. 362 2.When determining the value of a unit for purposes of 363 applying an exemption pursuant to this paragraph, the property 364 appraiser must include in such valuation the proportionate share 365 of the residential common areas, including the land, fairly 366 attributable to such unit. 367 (e)To be eligible to receive an exemption under this 368 subsection, a property owner must submit an application on a 369 form prescribed by the department by March 1 for the exemption, 370 accompanied by a certification notice from the corporation to 371 the property appraiser. The property appraiser shall review the 372 application and determine whether the applicant meets all of the 373 requirements of this subsection and is entitled to an exemption. 374 A property appraiser may request and review additional 375 information necessary to make such determination. A property 376 appraiser may grant an exemption only for a property for which 377 the corporation has issued a certification notice and which the 378 property appraiser determines is entitled to an exemption. 379 (f)To receive a certification notice, a property owner 380 must submit a request to the corporation for certification on a 381 form provided by the corporation which includes all of the 382 following: 383 1.The most recently completed rental market study meeting 384 the requirements of paragraph (l) (m). 385 2.A list of the units for which the property owner seeks 386 an exemption. 387 3.The rent amount received by the property owner for each 388 unit for which the property owner seeks an exemption. If a unit 389 is vacant and qualifies for an exemption under paragraph (c), 390 the property owner must provide evidence of the published rent 391 amount for each vacant unit. 392 4.If the units for which the property owner seeks an 393 exemption have been substantially rehabilitated but have not 394 been certified previously by the corporation pursuant to 395 paragraph (g), a market value analysis meeting the requirements 396 of paragraph (m) demonstrating that the units meet the 397 definition of substantial rehabilitation in subparagraph (a)4. 398 After receiving an initial certification notice for 399 substantially rehabilitated units, a property owner is not 400 required to submit a new market value analysis when requesting 401 certification notices for subsequent years. 402 5.A sworn statement, under penalty of perjury, from the 403 applicant restricting the property for a period of not less than 404 3 years to housing persons or families who meet the income 405 limitations under this subsection. 406 (g)The corporation shall review the request for a 407 certification notice and certify whether a property that meets 408 the eligibility criteria of paragraphs (b) and (c) this 409 subsection. A determination by the corporation regarding a 410 request for a certification notice does not constitute a grant 411 of an exemption pursuant to this subsection or final agency 412 action pursuant to chapter 120. 413 1.If the corporation determines that the property meets 414 the eligibility criteria for an exemption under this subsection, 415 the corporation must send a certification notice to the property 416 owner and the property appraiser. 417 2.If the corporation determines that the property does not 418 meet the eligibility criteria, the corporation must notify the 419 property owner and include the reasons for such determination. 420 (h)The corporation shall post on its website the deadline 421 to submit a request for a certification notice. The deadline 422 must allow adequate time for a property owner to submit a timely 423 application for exemption to the property appraiser. 424 (i)The property appraiser shall review the application and 425 determine if the applicant is entitled to an exemption. A 426 property appraiser may grant an exemption only for a property 427 for which the corporation has issued a certification notice. 428 (j)If the property appraiser determines that for any year 429 during the immediately previous 10 years a person who was not 430 entitled to an exemption under this subsection was granted such 431 an exemption, the property appraiser must serve upon the owner a 432 notice of intent to record in the public records of the county a 433 notice of tax lien against any property owned by that person in 434 the county, and that property must be identified in the notice 435 of tax lien. Any property owned by the taxpayer and situated in 436 this state is subject to the taxes exempted by the improper 437 exemption, plus a penalty of 50 percent of the unpaid taxes for 438 each year and interest at a rate of 15 percent per annum. If an 439 exemption is improperly granted as a result of a clerical 440 mistake or an omission by the property appraiser, the property 441 owner improperly receiving the exemption may not be assessed a 442 penalty or interest. 443 (j)(k)Units subject to an agreement with the corporation 444 pursuant to chapter 420 recorded in the official records of the 445 county in which the property is located to provide housing to 446 natural persons or families meeting the extremely-low-income, 447 very-low-income, or low-income limits specified in s. 420.0004 448 are not eligible for this exemption. 449 (k)(l)Property receiving an exemption pursuant to s. 450 196.1979 is not eligible for this exemption. 451 (l)(m)A rental market study submitted as required by 452 subparagraph (f)1. paragraph (f) must identify the fair market 453 value rent of each unit for which a property owner seeks an 454 exemption. Only a certified general appraiser as defined in s. 455 475.611 may issue a rental market study. The certified general 456 appraiser must be independent of the property owner who requests 457 the rental market study. In preparing the rental market study, a 458 certified general appraiser shall comply with the standards of 459 professional practice pursuant to part II of chapter 475 and use 460 comparable property within the same geographic area and of the 461 same type as the property for which the exemption is sought. A 462 rental market study must have been completed within 3 years 463 before submission of the application. 464 (m)A market value analysis submitted as required by 465 subparagraph (f)4. must identify the change in the market value 466 of the unit attributable to the rehabilitation of the unit, 467 expressed as a percentage of the market value before the 468 rehabilitation, for each unit that has undergone rehabilitation. 469 Only a certified general appraiser as defined in s. 475.611 may 470 issue a market value analysis. The certified general appraiser 471 must be independent of the property owner who requests the 472 market value analysis. In preparing the market value analysis, a 473 certified general appraiser shall comply with the standards of 474 professional practice pursuant to part II of chapter 475 and use 475 comparable property within the same geographic area and of the 476 same type as the property for which the exemption is sought. 477 (n)The corporation may adopt rules to implement this 478 section. 479 (o)This subsection first applies to the 2024 tax roll and 480 is repealed December 31, 2059. 481 Section 4.The amendments made by this act to s. 196.1978, 482 Florida Statutes, are intended to be remedial and clarifying in 483 nature and apply retroactively to January 1, 2024. 484 Section 5.Present subsection (5) of section 333.03, 485 Florida Statutes, is redesignated as subsection (6), and a new 486 subsection (5) is added to that section, to read: 487 333.03Requirement to adopt airport zoning regulations. 488 (5)Sections 125.01055(7) and 166.04151(7) do not apply to 489 any of the following: 490 (a)A proposed development within 10,000 feet of the 491 nearest point of any existing airport runway or planned airport 492 runway identified in the local governments airport master plan. 493 (b)A proposed development within any airport noise zone 494 identified in the federal land use compatibility table. 495 (c)A proposed development that exceeds maximum height 496 restrictions identified in the political subdivisions airport 497 zoning regulation adopted pursuant to this section. 498 Section 6.Subsection (35) of section 420.507, Florida 499 Statutes, is amended to read: 500 420.507Powers of the corporation.The corporation shall 501 have all the powers necessary or convenient to carry out and 502 effectuate the purposes and provisions of this part, including 503 the following powers which are in addition to all other powers 504 granted by other provisions of this part: 505 (35)To preclude any applicant, sponsor, or affiliate of an 506 applicant or sponsor from further participation in any of the 507 corporations programs as provided in s. 420.518, any applicant 508 or affiliate of an applicant which has made a material 509 misrepresentation or engaged in fraudulent actions in connection 510 with any application for a corporation program. 511 Section 7.Subsection (3) of section 420.5096, Florida 512 Statutes, is amended to read: 513 420.5096Florida Hometown Hero Program. 514 (3)For loans made available pursuant to s. 515 420.507(23)(a)1. or 2., the corporation may underwrite and make 516 those mortgage loans through the program to persons or families 517 who have household incomes that do not exceed 150 percent of the 518 state median income or local median income, whichever is 519 greater. A borrower must be seeking to purchase a home as a 520 primary residence; must be a first-time homebuyer and a Florida 521 resident; and must be employed full-time by a Florida-based 522 employer. The borrower must provide documentation of full-time 523 employment, or full-time status for self-employed individuals, 524 of 35 hours or more per week. The requirement to be a first-time 525 homebuyer does not apply to a borrower who is an active duty 526 servicemember of a branch of the armed forces or the Florida 527 National Guard, as defined in s. 250.01, or a veteran. 528 Section 8.Section 420.518, Florida Statutes, is amended to 529 read: 530 420.518Preclusion from participation in corporation 531 programs Fraudulent or material misrepresentation. 532 (1)An applicant, a sponsor, or an affiliate of an 533 applicant or a sponsor may be precluded from participation in 534 any corporation program if the applicant or affiliate of the 535 applicant has: 536 (a)Made a material misrepresentation or engaged in 537 fraudulent actions in connection with any corporation program. 538 (b)Been convicted or found guilty of, or entered a plea of 539 guilty or nolo contendere to, regardless of adjudication, a 540 crime in any jurisdiction which directly relates to the 541 financing, construction, or management of affordable housing or 542 the fraudulent procurement of state or federal funds. The record 543 of a conviction certified or authenticated in such form as to be 544 admissible in evidence under the laws of the state shall be 545 admissible as prima facie evidence of such guilt. 546 (c)Been excluded from any federal funding program related 547 to the provision of housing, including debarment from 548 participation in federal housing programs by the United States 549 Department of Housing and Urban Development. 550 (d)Been excluded from any federal or Florida procurement 551 programs. 552 (e)Offered or given consideration, other than the 553 consideration to provide affordable housing, with respect to a 554 local contribution. 555 (f)Demonstrated a pattern of noncompliance and a failure 556 to correct any such noncompliance after notice from the 557 corporation in the construction, operation, or management of one 558 or more developments funded through a corporation program. 559 (g)Materially or repeatedly violated any condition imposed 560 by the corporation in connection with the administration of a 561 corporation program, including a land use restriction agreement, 562 an extended use agreement, or any other financing or regulatory 563 agreement with the corporation. 564 (2)Upon a determination by the board of directors of the 565 corporation that an applicant or affiliate of the applicant be 566 precluded from participation in any corporation program, the 567 board may issue an order taking any or all of the following 568 actions: 569 (a)Preclude such applicant or affiliate from applying for 570 funding from any corporation program for a specified period. The 571 period may be a specified period of time or permanent in nature. 572 With regard to establishing the duration, the board shall 573 consider the facts and circumstances, inclusive of the 574 compliance history of the applicant or affiliate of the 575 applicant, the type of action under subsection (1), and the 576 degree of harm to the corporations programs that has been or 577 may be done. 578 (b)Revoke any funding previously awarded by the 579 corporation for any development for which construction or 580 rehabilitation has not commenced. 581 (3)Before any order issued under this section can be 582 final, an administrative complaint must be served on the 583 applicant, affiliate of the applicant, or its registered agent 584 that provides notification of findings of the board, the 585 intended action, and the opportunity to request a proceeding 586 pursuant to ss. 120.569 and 120.57. 587 (4)Any funding, allocation of federal housing credits, 588 credit underwriting procedures, or application review for any 589 development for which construction or rehabilitation has not 590 commenced may be suspended by the corporation upon the service 591 of an administrative complaint on the applicant, affiliate of 592 the applicant, or its registered agent. The suspension shall be 593 effective from the date the administrative complaint is served 594 until an order issued by the corporation in regard to that 595 complaint becomes final. 596 Section 9.For the 2024-2025 fiscal year, from the funds 597 received and deposited into the General Revenue Fund from the 598 states allocation from the federal Coronavirus State Fiscal 599 Recovery Fund created under the American Rescue Plan Act of 600 2021, Pub. L. No. 117-2, the sum of $100 million in nonrecurring 601 funds is appropriated to the State Housing Trust Fund for use by 602 the Florida Housing Finance Corporation to implement the Florida 603 Hometown Hero Program established in s. 420.5096, Florida 604 Statutes. 605 Section 10.This act shall take effect upon becoming a law.