Florida Senate - 2024 CS for CS for SB 328 By the Committees on Fiscal Policy; and Community Affairs; and Senators Calatayud, Osgood, and Stewart 594-02702A-24 2024328c2 1 A bill to be entitled 2 An act relating to affordable housing; amending ss. 3 125.01055 and 166.04151, F.S.; clarifying application; 4 prohibiting counties and municipalities, respectively, 5 from restricting the floor area ratio of certain 6 proposed developments under certain circumstances; 7 providing that the density, floor area ratio, or 8 height of certain developments, bonuses, variances, or 9 other special exceptions are not included in the 10 calculation of the currently allowed density, floor 11 area ratio, or height by counties and municipalities, 12 respectively; authorizing counties and municipalities, 13 respectively, to restrict the height of proposed 14 developments under certain circumstances; prohibiting 15 the administrative approval by counties and 16 municipalities, respectively, of a proposed 17 development within a specified proximity to a military 18 installation; requiring counties and municipalities, 19 respectively, to maintain a certain policy on their 20 websites; requiring counties and municipalities, 21 respectively, to consider reducing parking 22 requirements under certain circumstances; requiring 23 counties and municipalities, respectively, to reduce 24 or eliminate parking requirements for certain proposed 25 mixed-use developments that meet certain requirements; 26 providing certain requirements for developments 27 located within a transit-oriented development or area; 28 defining the term major transportation hub; making 29 technical changes; providing requirements for 30 developments authorized located within a transit 31 oriented development or area; clarifying that a county 32 or municipality, respectively, is not precluded from 33 granting additional exceptions; clarifying that a 34 proposed development is not precluded from receiving a 35 bonus for density, height, or floor area ratio if 36 specified conditions are satisfied; revising 37 applicability; authorizing specified developments to 38 be treated as a conforming use under certain 39 circumstances; authorizing specified developments to 40 be treated as a nonconforming use under certain 41 circumstances; amending s. 196.1978, F.S.; revising 42 the definition of the term newly constructed; 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; conforming provisions to changes made by 60 the act; amending s. 196.1979, F.S.; revising the 61 value to which a certain ad valorem property tax 62 exemption applies; revising a condition of eligibility 63 for vacant residential units to qualify for a certain 64 ad valorem property tax exemption; making technical 65 changes; revising the deadline for an application for 66 exemption; revising deadlines by which boards and 67 governing bodies must deliver to or notify the 68 Department of Revenue of the adoption, repeal, or 69 expiration of certain ordinances; requiring property 70 appraisers to review certain applications and make 71 certain determinations; authorizing property 72 appraisers to request and review additional 73 information; authorizing property appraisers to grant 74 exemptions only under certain conditions; providing 75 the method for determining the value of a unit for 76 certain purposes; providing for retroactive 77 application; amending s. 333.03, F.S.; excluding 78 certain proposed developments from specified airport 79 zoning provisions; amending s. 420.507, F.S.; revising 80 the enumerated powers of the corporation; amending s. 81 420.5096, F.S.; making technical changes; amending s. 82 420.518, F.S.; specifying conditions under which the 83 corporation may preclude applicants from corporation 84 programs; providing an appropriation; providing an 85 effective date. 86 87 Be It Enacted by the Legislature of the State of Florida: 88 89 Section 1.Subsection (7) of section 125.01055, Florida 90 Statutes, is amended, and subsection (8) is added to that 91 section, to read: 92 125.01055Affordable housing. 93 (7)(a)A county must authorize multifamily and mixed-use 94 residential as allowable uses in any area zoned for commercial, 95 industrial, or mixed use if at least 40 percent of the 96 residential units in a proposed multifamily rental development 97 are rental units that, for a period of at least 30 years, are 98 affordable as defined in s. 420.0004. Notwithstanding any other 99 law, local ordinance, or regulation to the contrary, a county 100 may not require a proposed multifamily development to obtain a 101 zoning or land use change, special exception, conditional use 102 approval, variance, or comprehensive plan amendment for the 103 building height, zoning, and densities authorized under this 104 subsection. For mixed-use residential projects, at least 65 105 percent of the total square footage must be used for residential 106 purposes. 107 (b)A county may not restrict the density of a proposed 108 development authorized under this subsection below the highest 109 currently allowed density on any unincorporated land in the 110 county where residential development is allowed under the 111 countys land development regulations. For purposes of this 112 paragraph, the term highest currently allowed density does not 113 include the density of any development that met the requirements 114 of this subsection or the density of any development which has 115 received any bonus, variance, or other special exception for 116 density provided in the countys land development regulations as 117 an incentive for development. 118 (c)A county may not restrict the floor area ratio of a 119 proposed development authorized under this subsection below the 120 highest currently allowed floor area ratio on any unincorporated 121 land in the county where development is allowed under the 122 countys land development regulations. For purposes of this 123 paragraph, the term highest currently allowed floor area ratio 124 does not include the floor area ratio of any development that 125 met the requirements of this subsection or the floor area ratio 126 of any development which has received any bonus, variance, or 127 other special exception for floor area ratio provided in the 128 countys land development regulations as an incentive for 129 development. For purposes of this subsection, the term floor 130 area ratio includes floor lot ratio. 131 (d)1.(c)A county may not restrict the height of a proposed 132 development authorized under this subsection below the highest 133 currently allowed height for a commercial or residential 134 building development located in its jurisdiction within 1 mile 135 of the proposed development or 3 stories, whichever is higher. 136 For purposes of this paragraph, the term highest currently 137 allowed height does not include the height of any development 138 that met the requirements of this subsection or the height of 139 any development which has received any bonus, variance, or other 140 special exception for height provided in the countys land 141 development regulations as an incentive for development. 142 2.If the proposed development is adjacent to, on two or 143 more sides, a parcel zoned for single-family residential use 144 that is within a single-family residential development with at 145 least 25 contiguous single-family homes, the county may restrict 146 the height of the proposed development to 150 percent of the 147 tallest building on property within one-quarter mile of the 148 proposed development or 3 stories, whichever is higher. 149 (e)(d)A proposed development authorized under this 150 subsection must be administratively approved and no further 151 action by the board of county commissioners is required if the 152 development satisfies the countys land development regulations 153 for multifamily developments in areas zoned for such use and is 154 otherwise consistent with the comprehensive plan, with the 155 exception of provisions establishing allowable densities, floor 156 area ratios, height, and land use. Such land development 157 regulations include, but are not limited to, regulations 158 relating to setbacks and parking requirements. A proposed 159 development located within one-quarter mile of a military 160 installation identified in s. 163.3175(2) may not be 161 administratively approved. Each county shall maintain on its 162 website a policy containing procedures and expectations for 163 administrative approval pursuant to this subsection. 164 (f)1.(e)A county must consider reducing parking 165 requirements for a proposed development authorized under this 166 subsection if the development is located within one-quarter one 167 half mile of a major transit stop, as defined in the countys 168 land development code, and the major transit stop is accessible 169 from the development. 170 2.A county must reduce parking requirements by 20 percent 171 for a proposed development authorized under this subsection if 172 the development: 173 a.Is located within one-half mile of a major 174 transportation hub that is accessible from the proposed 175 development by safe, pedestrian-friendly means, such as 176 sidewalks, crosswalks, elevated pedestrian or bike paths, or 177 other multimodal design features; and 178 b.Has available parking within 600 feet of the proposed 179 development which may consist of options such as on-street 180 parking, parking lots, or parking garages available for use by 181 residents of the proposed development. 182 3.A county must eliminate parking requirements for a 183 proposed mixed-use residential development authorized under this 184 subsection within an area recognized by the county as a transit 185 oriented development or area, as provided in paragraph (h). 186 4.For purposes of this paragraph, the term major 187 transportation hub means any transit station, whether bus, 188 train, or light rail, which is served by public transit with a 189 mix of other transportation options. 190 (g)(f)For proposed multifamily developments in an 191 unincorporated area zoned for commercial or industrial use which 192 is within the boundaries of a multicounty independent special 193 district that was created to provide municipal services and is 194 not authorized to levy ad valorem taxes, and less than 20 195 percent of the land area within such district is designated for 196 commercial or industrial use, a county must authorize, as 197 provided in this subsection, such development only if the 198 development is mixed-use residential. 199 (h)A proposed development authorized under this subsection 200 which is located within a transit-oriented development or area, 201 as recognized by the county, must be mixed-use residential and 202 otherwise comply with requirements of the countys regulations 203 applicable to the transit-oriented development or area except 204 for use, height, density, and floor area ratio as provided in 205 this subsection or as otherwise agreed to by the county and the 206 applicant for the development. 207 (i)(g)Except as otherwise provided in this subsection, a 208 development authorized under this subsection must comply with 209 all applicable state and local laws and regulations. 210 (j)1.Nothing in this subsection precludes a county from 211 granting a bonus, variance, conditional use, or other special 212 exception for height, density, or floor area ratio in addition 213 to the height, density, and floor area ratio requirements in 214 this subsection. 215 2.Nothing in this subsection precludes a proposed 216 development authorized under this subsection from receiving a 217 bonus for density, height, or floor area ratio pursuant to an 218 ordinance or regulation of the jurisdiction where the proposed 219 development is located if the proposed development satisfies the 220 conditions to receive the bonus except for any condition which 221 conflicts with this subsection. 222 (k)(h)This subsection does not apply to: 223 1.Airport-impacted areas as provided in s. 333.03. 224 2.Property defined as recreational and commercial working 225 waterfront in s. 342.201(2)(b) in any area zoned as industrial. 226 (l)(i)This subsection expires October 1, 2033. 227 (8)Any development authorized under paragraph (7)(a) must 228 be treated as a conforming use even after the expiration of 229 subsection (7) and the developments affordability period as 230 provided in paragraph (7)(a), notwithstanding the countys 231 comprehensive plan, future land use designation, or zoning. If 232 at any point during the developments affordability period the 233 development violates the affordability period requirement 234 provided in paragraph (7)(a), the development must be allowed a 235 reasonable time to cure such violation. If the violation is not 236 cured within a reasonable time, the development must be treated 237 as a nonconforming use. 238 Section 2.Subsection (7) of section 166.04151, Florida 239 Statutes, is amended, and subsection (8) is added to that 240 section, to read: 241 166.04151Affordable housing. 242 (7)(a)A municipality must authorize multifamily and mixed 243 use residential as allowable uses in any area zoned for 244 commercial, industrial, or mixed use if at least 40 percent of 245 the residential units in a proposed multifamily rental 246 development are rental units that, for a period of at least 30 247 years, are affordable as defined in s. 420.0004. Notwithstanding 248 any other law, local ordinance, or regulation to the contrary, a 249 municipality may not require a proposed multifamily development 250 to obtain a zoning or land use change, special exception, 251 conditional use approval, variance, or comprehensive plan 252 amendment for the building height, zoning, and densities 253 authorized under this subsection. For mixed-use residential 254 projects, at least 65 percent of the total square footage must 255 be used for residential purposes. 256 (b)A municipality may not restrict the density of a 257 proposed development authorized under this subsection below the 258 highest currently allowed density on any land in the 259 municipality where residential development is allowed under the 260 municipalitys land development regulations. For purposes of 261 this paragraph, the term highest currently allowed density 262 does not include the density of any development that met the 263 requirements of this subsection or the density of any 264 development which has received any bonus, variance, or other 265 special exception for density provided in the municipalitys 266 land development regulations as an incentive for development. 267 (c)A municipality may not restrict the floor area ratio of 268 a proposed development authorized under this subsection below 269 the highest currently allowed floor area ratio on any land in 270 the municipality where development is allowed under the 271 municipalitys land development regulations. For purposes of 272 this paragraph, the term highest currently allowed floor area 273 ratio does not include the floor area ratio of any development 274 that met the requirements of this subsection or the floor area 275 ratio of any development which has received any bonus, variance, 276 or other special exception for floor area ratio provided in the 277 municipalitys land development regulations as an incentive for 278 development. For purposes of this subsection, the term floor 279 area ratio includes floor lot ratio. 280 (d)1.(c)A municipality may not restrict the height of a 281 proposed development authorized under this subsection below the 282 highest currently allowed height for a commercial or residential 283 building development located in its jurisdiction within 1 mile 284 of the proposed development or 3 stories, whichever is higher. 285 For purposes of this paragraph, the term highest currently 286 allowed height does not include the height of any development 287 that met the requirements of this subsection or the height of 288 any development which has received any bonus, variance, or other 289 special exception for height provided in the municipalitys land 290 development regulations as an incentive for development. 291 2.If the proposed development is adjacent to, on two or 292 more sides, a parcel zoned for single-family residential use 293 that is within a single-family residential development with at 294 least 25 contiguous single-family homes, the municipality may 295 restrict the height of the proposed development to 150 percent 296 of the tallest building on property within one-quarter mile of 297 the proposed development or 3 stories, whichever is higher. 298 (e)(d)A proposed development authorized under this 299 subsection must be administratively approved and no further 300 action by the governing body of the municipality is required if 301 the development satisfies the municipalitys land development 302 regulations for multifamily developments in areas zoned for such 303 use and is otherwise consistent with the comprehensive plan, 304 with the exception of provisions establishing allowable 305 densities, floor area ratios, height, and land use. Such land 306 development regulations include, but are not limited to, 307 regulations relating to setbacks and parking requirements. A 308 proposed development located within one-quarter mile of a 309 military installation identified in s. 163.3175(2) may not be 310 administratively approved. Each municipality shall maintain on 311 its website a policy containing procedures and expectations for 312 administrative approval pursuant to this subsection. 313 (f)1.(e)A municipality must consider reducing parking 314 requirements for a proposed development authorized under this 315 subsection if the development is located within one-quarter one 316 half mile of a major transit stop, as defined in the 317 municipalitys land development code, and the major transit stop 318 is accessible from the development. 319 2.A municipality must reduce parking requirements by 20 320 percent for a proposed development authorized under this 321 subsection if the development: 322 a.Is located within one-half mile of a major 323 transportation hub that is accessible from the proposed 324 development by safe, pedestrian-friendly means, such as 325 sidewalks, crosswalks, elevated pedestrian or bike paths, or 326 other multimodal design features. 327 b.Has available parking within 600 feet of the proposed 328 development which may consist of options such as on-street 329 parking, parking lots, or parking garages available for use by 330 residents of the proposed development. 331 3.A municipality must eliminate parking requirements for a 332 proposed mixed-use residential development authorized under this 333 subsection within an area recognized by the municipality as a 334 transit-oriented development or area, as provided in paragraph 335 (h). 336 4.For purposes of this paragraph, the term major 337 transportation hub means any transit station, whether bus, 338 train, or light rail, which is served by public transit with a 339 mix of other transportation options. 340 (g)(f)A municipality that designates less than 20 percent 341 of the land area within its jurisdiction for commercial or 342 industrial use must authorize a proposed multifamily development 343 as provided in this subsection in areas zoned for commercial or 344 industrial use only if the proposed multifamily development is 345 mixed-use residential. 346 (h)A proposed development authorized under this subsection 347 which is located within a transit-oriented development or area, 348 as recognized by the municipality, must be mixed-use residential 349 and otherwise comply with requirements of the municipalitys 350 regulations applicable to the transit-oriented development or 351 area except for use, height, density, and floor area ratio as 352 provided in this subsection or as otherwise agreed to by the 353 municipality and the applicant for the development. 354 (i)(g)Except as otherwise provided in this subsection, a 355 development authorized under this subsection must comply with 356 all applicable state and local laws and regulations. 357 (j)1.Nothing in this subsection precludes a municipality 358 from granting a bonus, variance, conditional use, or other 359 special exception to height, density, or floor area ratio in 360 addition to the height, density, and floor area ratio 361 requirements in this subsection. 362 2.Nothing in this subsection precludes a proposed 363 development authorized under this subsection from receiving a 364 bonus for density, height, or floor area ratio pursuant to an 365 ordinance or regulation of the jurisdiction where the proposed 366 development is located if the proposed development satisfies the 367 conditions to receive the bonus except for any condition which 368 conflicts with this subsection. 369 (k)(h)This subsection does not apply to: 370 1.Airport-impacted areas as provided in s. 333.03. 371 2.Property defined as recreational and commercial working 372 waterfront in s. 342.201(2)(b) in any area zoned as industrial. 373 (l)(i)This subsection expires October 1, 2033. 374 (8)Any development authorized under paragraph (7)(a) must 375 be treated as a conforming use even after the expiration of 376 subsection (7) and the developments affordability period as 377 provided in paragraph (7)(a), notwithstanding the municipalitys 378 comprehensive plan, future land use designation, or zoning. If 379 at any point during the developments affordability period the 380 development violates the affordability period requirement 381 provided in paragraph (7)(a), the development must be allowed a 382 reasonable time to cure such violation. If the violation is not 383 cured within a reasonable time, the development must be treated 384 as a nonconforming use. 385 Section 3.Subsection (3) of section 196.1978, Florida 386 Statutes, is amended to read: 387 196.1978Affordable housing property exemption. 388 (3)(a)As used in this subsection, the term: 389 1.Corporation means the Florida Housing Finance 390 Corporation. 391 2.Newly constructed means an improvement to real 392 property which was substantially completed within 5 years before 393 the date of an applicants first submission of a request for a 394 certification notice or an application for an exemption pursuant 395 to this subsection section, whichever is earlier. 396 3.Substantially completed has the same meaning as in s. 397 192.042(1). 398 (b)Notwithstanding ss. 196.195 and 196.196, portions of 399 property in a multifamily project are considered property used 400 for a charitable purpose and are eligible to receive an ad 401 valorem property tax exemption if such portions meet all of the 402 following conditions: 403 1.Provide affordable housing to natural persons or 404 families meeting the income limitations provided in paragraph 405 (d).; 406 2.a.Are within a newly constructed multifamily project 407 that contains more than 70 units dedicated to housing natural 408 persons or families meeting the income limitations provided in 409 paragraph (d); or 410 b.Are within a newly constructed multifamily project in an 411 area of critical state concern, as designated by s. 380.0552 or 412 chapter 28-36, Florida Administrative Code, which contains more 413 than 10 units dedicated to housing natural persons or families 414 meeting the income limitations provided in paragraph (d). and 415 3.Are rented for an amount that does not exceed the amount 416 as specified by the most recent multifamily rental programs 417 income and rent limit chart posted by the corporation and 418 derived from the Multifamily Tax Subsidy Projects Income Limits 419 published by the United States Department of Housing and Urban 420 Development or 90 percent of the fair market value rent as 421 determined by a rental market study meeting the requirements of 422 paragraph (l) (m), whichever is less. 423 (c)If a unit that in the previous year received qualified 424 for the exemption under this subsection and was occupied by a 425 tenant is vacant on January 1, the vacant unit is eligible for 426 the exemption if the use of the unit is restricted to providing 427 affordable housing that would otherwise meet the requirements of 428 this subsection and a reasonable effort is made to lease the 429 unit to eligible persons or families. 430 (d)1.The property appraiser shall exempt: 431 a.Seventy-five percent of the assessed value of the units 432 in multifamily projects that meet the requirements of this 433 subsection and are Qualified property used to house natural 434 persons or families whose annual household income is greater 435 than 80 percent but not more than 120 percent of the median 436 annual adjusted gross income for households within the 437 metropolitan statistical area or, if not within a metropolitan 438 statistical area, within the county in which the person or 439 family resides; and, must receive an ad valorem property tax 440 exemption of 75 percent of the assessed value. 441 b.2.From ad valorem property taxes the units in 442 multifamily projects that meet the requirements of this 443 subsection and are Qualified property used to house natural 444 persons or families whose annual household income does not 445 exceed 80 percent of the median annual adjusted gross income for 446 households within the metropolitan statistical area or, if not 447 within a metropolitan statistical area, within the county in 448 which the person or family resides, is exempt from ad valorem 449 property taxes. 450 2.When determining the value of a unit for purposes of 451 applying an exemption pursuant to this paragraph, the property 452 appraiser must include in such valuation the proportionate share 453 of the residential common areas, including the land, fairly 454 attributable to such unit. 455 (e)To be eligible to receive an exemption under this 456 subsection, a property owner must submit an application on a 457 form prescribed by the department by March 1 for the exemption, 458 accompanied by a certification notice from the corporation to 459 the property appraiser. The property appraiser shall review the 460 application and determine whether the applicant meets all of the 461 requirements of this subsection and is entitled to an exemption. 462 A property appraiser may request and review additional 463 information necessary to make such determination. A property 464 appraiser may grant an exemption only for a property for which 465 the corporation has issued a certification notice and which the 466 property appraiser determines is entitled to an exemption. 467 (f)To receive a certification notice, a property owner 468 must submit a request to the corporation for certification on a 469 form provided by the corporation which includes all of the 470 following: 471 1.The most recently completed rental market study meeting 472 the requirements of paragraph (l) (m). 473 2.A list of the units for which the property owner seeks 474 an exemption. 475 3.The rent amount received by the property owner for each 476 unit for which the property owner seeks an exemption. If a unit 477 is vacant and qualifies for an exemption under paragraph (c), 478 the property owner must provide evidence of the published rent 479 amount for each vacant unit. 480 4.A sworn statement, under penalty of perjury, from the 481 applicant restricting the property for a period of not less than 482 3 years to housing persons or families who meet the income 483 limitations under this subsection. 484 (g)The corporation shall review the request for a 485 certification notice and certify whether a property that meets 486 the eligibility criteria of paragraphs (b) and (c) this 487 subsection. A determination by the corporation regarding a 488 request for a certification notice does not constitute a grant 489 of an exemption pursuant to this subsection or final agency 490 action pursuant to chapter 120. 491 1.If the corporation determines that the property meets 492 the eligibility criteria for an exemption under this subsection, 493 the corporation must send a certification notice to the property 494 owner and the property appraiser. 495 2.If the corporation determines that the property does not 496 meet the eligibility criteria, the corporation must notify the 497 property owner and include the reasons for such determination. 498 (h)The corporation shall post on its website the deadline 499 to submit a request for a certification notice. The deadline 500 must allow adequate time for a property owner to submit a timely 501 application for exemption to the property appraiser. 502 (i)The property appraiser shall review the application and 503 determine if the applicant is entitled to an exemption. A 504 property appraiser may grant an exemption only for a property 505 for which the corporation has issued a certification notice. 506 (j)If the property appraiser determines that for any year 507 during the immediately previous 10 years a person who was not 508 entitled to an exemption under this subsection was granted such 509 an exemption, the property appraiser must serve upon the owner a 510 notice of intent to record in the public records of the county a 511 notice of tax lien against any property owned by that person in 512 the county, and that property must be identified in the notice 513 of tax lien. Any property owned by the taxpayer and situated in 514 this state is subject to the taxes exempted by the improper 515 exemption, plus a penalty of 50 percent of the unpaid taxes for 516 each year and interest at a rate of 15 percent per annum. If an 517 exemption is improperly granted as a result of a clerical 518 mistake or an omission by the property appraiser, the property 519 owner improperly receiving the exemption may not be assessed a 520 penalty or interest. 521 (j)(k)Units subject to an agreement with the corporation 522 pursuant to chapter 420 recorded in the official records of the 523 county in which the property is located to provide housing to 524 natural persons or families meeting the extremely-low-income, 525 very-low-income, or low-income limits specified in s. 420.0004 526 are not eligible for this exemption. 527 (k)(l)Property receiving an exemption pursuant to s. 528 196.1979 is not eligible for this exemption. 529 (l)(m)A rental market study submitted as required by 530 subparagraph (f)1. paragraph (f) must identify the fair market 531 value rent of each unit for which a property owner seeks an 532 exemption. Only a certified general appraiser as defined in s. 533 475.611 may issue a rental market study. The certified general 534 appraiser must be independent of the property owner who requests 535 the rental market study. In preparing the rental market study, a 536 certified general appraiser shall comply with the standards of 537 professional practice pursuant to part II of chapter 475 and use 538 comparable property within the same geographic area and of the 539 same type as the property for which the exemption is sought. A 540 rental market study must have been completed within 3 years 541 before submission of the application. 542 (m)(n)The corporation may adopt rules to implement this 543 section. 544 (n)(o)This subsection first applies to the 2024 tax roll 545 and is repealed December 31, 2059. 546 Section 4.Present subsections (6) and (7) of section 547 196.1979, Florida Statutes, are redesignated as subsections (8) 548 and (9), respectively, new subsections (6) and (7) are added to 549 that section, and paragraph (b) of subsection (1), subsection 550 (2), paragraphs (d), (f), and (l) of subsection (3), and 551 subsection (5) of that section are amended, to read: 552 196.1979County and municipal affordable housing property 553 exemption. 554 (1) 555 (b)Qualified property may receive an ad valorem property 556 tax exemption of: 557 1.Up to 75 percent of the assessed value of each 558 residential unit used to provide affordable housing if fewer 559 than 100 percent of the multifamily projects residential units 560 are used to provide affordable housing meeting the requirements 561 of this section. 562 2.Up to 100 percent of the assessed value of each 563 residential unit used to provide affordable housing if 100 564 percent of the multifamily projects residential units are used 565 to provide affordable housing meeting the requirements of this 566 section. 567 (2)If a residential unit that in the previous year 568 received qualified for the exemption under this section and was 569 occupied by a tenant is vacant on January 1, the vacant unit may 570 qualify for the exemption under this section if the use of the 571 unit is restricted to providing affordable housing that would 572 otherwise meet the requirements of this section and a reasonable 573 effort is made to lease the unit to eligible persons or 574 families. 575 (3)An ordinance granting the exemption authorized by this 576 section must: 577 (d)Require the local entity to verify and certify property 578 that meets the requirements of the ordinance as qualified 579 property and forward the certification to the property owner and 580 the property appraiser. If the local entity denies the 581 application for certification exemption, it must notify the 582 applicant and include reasons for the denial. 583 (f)Require the property owner to submit an application for 584 exemption, on a form prescribed by the department, accompanied 585 by the certification of qualified property, to the property 586 appraiser no later than the deadline specified in s. 196.011 587 March 1. 588 (l)Require the county or municipality to post on its 589 website a list of certified properties receiving the exemption 590 for the purpose of facilitating access to affordable housing. 591 (5)An ordinance adopted under this section must expire 592 before the fourth January 1 after adoption; however, the board 593 of county commissioners or the governing body of the 594 municipality may adopt a new ordinance to renew the exemption. 595 The board of county commissioners or the governing body of the 596 municipality shall deliver a copy of an ordinance adopted under 597 this section to the department and the property appraiser within 598 10 days after its adoption, but no later than January 1 of the 599 year such exemption will take effect. If the ordinance expires 600 or is repealed, the board of county commissioners or the 601 governing body of the municipality must notify the department 602 and the property appraiser within 10 days after its expiration 603 or repeal, but no later than January 1 of the year the repeal or 604 expiration of such exemption will take effect. 605 (6)The property appraiser shall review each application 606 for exemption and determine whether the applicant meets all of 607 the requirements of this section and is entitled to an 608 exemption. A property appraiser may request and review 609 additional information necessary to make such determination. A 610 property appraiser may grant an exemption only for a property 611 for which the local entity has certified as qualified property 612 and which the property appraiser determines is entitled to an 613 exemption. 614 (7)When determining the value of a unit for purposes of 615 applying an exemption pursuant to this section, the property 616 appraiser must include in such valuation the proportionate share 617 of the residential common areas, including the land, fairly 618 attributable to such unit. 619 Section 5.The amendments made by this act to ss. 196.1978 620 and 196.1979, Florida Statutes, are intended to be remedial and 621 clarifying in nature and apply retroactively to January 1, 2024. 622 Section 6.Present subsection (5) of section 333.03, 623 Florida Statutes, is redesignated as subsection (6), and a new 624 subsection (5) is added to that section, to read: 625 333.03Requirement to adopt airport zoning regulations. 626 (5)Sections 125.01055(7) and 166.04151(7) do not apply to 627 any of the following: 628 (a)A proposed development near a runway within one-quarter 629 of a mile laterally from the runway edge and within an area that 630 is the width of one-quarter of a mile extending at right angles 631 from the end of the runway for a distance of 10,000 feet of any 632 existing airport runway or planned airport runway identified in 633 the local governments airport master plan. 634 (b)A proposed development within any airport noise zone 635 identified in the federal land use compatibility table or in a 636 land-use zoning or airport noise regulation adopted by the local 637 government. 638 (c)A proposed development that exceeds maximum height 639 restrictions identified in the political subdivisions airport 640 zoning regulation adopted pursuant to this section. 641 Section 7.Subsection (35) of section 420.507, Florida 642 Statutes, is amended to read: 643 420.507Powers of the corporation.The corporation shall 644 have all the powers necessary or convenient to carry out and 645 effectuate the purposes and provisions of this part, including 646 the following powers which are in addition to all other powers 647 granted by other provisions of this part: 648 (35)To preclude any applicant, sponsor, or affiliate of an 649 applicant or sponsor from further participation in any of the 650 corporations programs as provided in s. 420.518, any applicant 651 or affiliate of an applicant which has made a material 652 misrepresentation or engaged in fraudulent actions in connection 653 with any application for a corporation program. 654 Section 8.Subsection (3) of section 420.5096, Florida 655 Statutes, is amended to read: 656 420.5096Florida Hometown Hero Program. 657 (3)For loans made available pursuant to s. 658 420.507(23)(a)1. or 2., the corporation may underwrite and make 659 those mortgage loans through the program to persons or families 660 who have household incomes that do not exceed 150 percent of the 661 state median income or local median income, whichever is 662 greater. A borrower must be seeking to purchase a home as a 663 primary residence; must be a first-time homebuyer and a Florida 664 resident; and must be employed full-time by a Florida-based 665 employer. The borrower must provide documentation of full-time 666 employment, or full-time status for self-employed individuals, 667 of 35 hours or more per week. The requirement to be a first-time 668 homebuyer does not apply to a borrower who is an active duty 669 servicemember of a branch of the armed forces or the Florida 670 National Guard, as defined in s. 250.01, or a veteran. 671 Section 9.Section 420.518, Florida Statutes, is amended to 672 read: 673 420.518Preclusion from participation in corporation 674 programs Fraudulent or material misrepresentation. 675 (1)An applicant, a sponsor, or an affiliate of an 676 applicant or a sponsor may be precluded from participation in 677 any corporation program if the applicant or affiliate of the 678 applicant has: 679 (a)Made a material misrepresentation or engaged in 680 fraudulent actions in connection with any corporation program. 681 (b)Been convicted or found guilty of, or entered a plea of 682 guilty or nolo contendere to, regardless of adjudication, a 683 crime in any jurisdiction which directly relates to the 684 financing, construction, or management of affordable housing or 685 the fraudulent procurement of state or federal funds. The record 686 of a conviction certified or authenticated in such form as to be 687 admissible in evidence under the laws of the state shall be 688 admissible as prima facie evidence of such guilt. 689 (c)Been excluded from any federal funding program related 690 to the provision of housing, including debarment from 691 participation in federal housing programs by the United States 692 Department of Housing and Urban Development. 693 (d)Been excluded from any federal or Florida procurement 694 programs. 695 (e)Offered or given consideration, other than the 696 consideration to provide affordable housing, with respect to a 697 local contribution. 698 (f)Demonstrated a pattern of noncompliance and a failure 699 to correct any such noncompliance after notice from the 700 corporation in the construction, operation, or management of one 701 or more developments funded through a corporation program. 702 (g)Materially or repeatedly violated any condition imposed 703 by the corporation in connection with the administration of a 704 corporation program, including a land use restriction agreement, 705 an extended use agreement, or any other financing or regulatory 706 agreement with the corporation. 707 (2)Upon a determination by the board of directors of the 708 corporation that an applicant or affiliate of the applicant be 709 precluded from participation in any corporation program, the 710 board may issue an order taking any or all of the following 711 actions: 712 (a)Preclude such applicant or affiliate from applying for 713 funding from any corporation program for a specified period. The 714 period may be a specified period of time or permanent in nature. 715 With regard to establishing the duration, the board shall 716 consider the facts and circumstances, inclusive of the 717 compliance history of the applicant or affiliate of the 718 applicant, the type of action under subsection (1), and the 719 degree of harm to the corporations programs that has been or 720 may be done. 721 (b)Revoke any funding previously awarded by the 722 corporation for any development for which construction or 723 rehabilitation has not commenced. 724 (3)Before any order issued under this section can be 725 final, an administrative complaint must be served on the 726 applicant, affiliate of the applicant, or its registered agent 727 that provides notification of findings of the board, the 728 intended action, and the opportunity to request a proceeding 729 pursuant to ss. 120.569 and 120.57. 730 (4)Any funding, allocation of federal housing credits, 731 credit underwriting procedures, or application review for any 732 development for which construction or rehabilitation has not 733 commenced may be suspended by the corporation upon the service 734 of an administrative complaint on the applicant, affiliate of 735 the applicant, or its registered agent. The suspension shall be 736 effective from the date the administrative complaint is served 737 until an order issued by the corporation in regard to that 738 complaint becomes final. 739 Section 10.For the 2024-2025 fiscal year, from the funds 740 received and deposited into the General Revenue Fund from the 741 states allocation from the federal Coronavirus State Fiscal 742 Recovery Fund created under the American Rescue Plan Act of 743 2021, Pub. L. No. 117-2, the sum of $100 million in nonrecurring 744 funds is appropriated to the State Housing Trust Fund for use by 745 the Florida Housing Finance Corporation to implement the Florida 746 Hometown Hero Program established in s. 420.5096, Florida 747 Statutes. 748 Section 11.This act shall take effect upon becoming a law.