CS/CS/HB 247 2025
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to affordable housing; amending s. 2
163.31771, F.S.; defining the term "primary dwelling 3
unit"; requiring, rather than authorizing, local 4
governments to adopt, by a specified date, an 5
ordinance to allow accessory dwelling units in certain 6
areas; requiring such ordinances to apply 7
prospectively; prohibiting such ordinances from 8
including certain requirements or prohibitions; 9
removing a requirement that an application for a 10
building permit to construct an accessory dwelling 11
unit include a certa in affidavit; revising the 12
accessory dwelling units that apply toward satisfying 13
a certain component of a local government's 14
comprehensive plan; specifying that accessory dwelling 15
units that provide affordable rental housing shall 16
apply towards satisfying a certain component of a 17
local government's comprehensive plan; prohibiting the 18
denial of a homestead exemption for certain portions 19
of property on a specified basis; requiring that a 20
rented accessory dwelling unit be assessed separately 21
from the homestead property and taxed according to its 22
use; amending s. 420.615, F.S.; authorizing a local 23
government to provide a density bonus incentive to 24
landowners who make certain real property donations to 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
assist in the provision of affordable housing for 26
military families; requiring the Office of Program 27
Policy Analysis and Government Accountability to 28
evaluate the efficacy of using mezzanine finance and 29
the potential of tiny homes for specified purposes; 30
requiring the office to consult with certain entities; 31
requiring the office to submit a certain report to the 32
Legislature by a specified date; providing an 33
effective date. 34
35
Be It Enacted by the Legislature of the State of Florida: 36
37
Section 1. Subsections (3) and (4) and present subsection 38
(5) of section 163.3 1771, Florida Statutes, are amended, 39
paragraph (h) is added to subsection (2) of that section, and a 40
new subsection (5) is added to that section, to read: 41
163.31771 Accessory dwelling units. — 42
(2) As used in this section, the term: 43
(h) "Primary dwelli ng unit" means the existing or proposed 44
single-family dwelling on the property where a proposed 45
accessory dwelling unit would be located. 46
(3) By December 1, 2025, a local government shall may 47
adopt an ordinance to allow accessory dwelling units in any ar ea 48
zoned for single-family residential use. Such ordinance shall 49
apply prospectively to accessory dwelling units approved after 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the date the ordinance is adopted. Such ordinance may regulate 51
the permitting, construction, and use of an accessory dwelling 52
unit, but may not do any of the following: 53
(a) Prohibit the renting or leasing of an accessory 54
dwelling unit, except to prohibit the renting or leasing of an 55
accessory dwelling unit approved after the effective date of the 56
ordinance for a term of less than 1 month, notwithstanding s. 57
509.032(7)(b). 58
(b) Require that the owner of a parcel on which an 59
accessory dwelling unit is constructed reside in the primary 60
dwelling unit. 61
(c) Increase parking requirements on any parcel that can 62
accommodate an additiona l motor vehicle on a driveway without 63
impeding access to the primary dwelling unit. 64
(d) Require replacement parking if a garage, carport, or 65
covered parking structure is converted to create an accessory 66
dwelling unit. 67
(4) An application for a building permit to construct an 68
accessory dwelling unit must include an affidavit from the 69
applicant which attests that the unit will be rented at an 70
affordable rate to an extremely -low-income, very-low-income, 71
low-income, or moderate-income person or persons. 72
(4)(5) Each accessory dwelling unit allowed by an 73
ordinance adopted under this section which provides affordable 74
rental housing shall apply toward satisfying the affordable 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
housing component of the housing element in the local 76
government's comprehensive plan under s. 163.3177(6)(f). 77
(5) The owner of a property with an accessory dwelling 78
unit may not be denied a homestead exemption for those portions 79
of property on which the owner maintains a permanent residence 80
solely on the basis of the property containing an accessory 81
dwelling unit that is or may be rented to another person. 82
However, if the accessory dwelling unit is rented to another 83
person, the accessory dwelling unit must be assessed separately 84
from the homestead property and taxed according to its use. 85
Section 2. Subsection (1) of section 420.615, Florida 86
Statutes, is amended to read: 87
420.615 Affordable housing land donation density bonus 88
incentives.— 89
(1) A local government may provide density bonus 90
incentives pursuant to the provisions of this section to any 91
landowner who voluntarily donates fee simple interest in real 92
property to the local government for the purpose of assisting 93
the local government in providing affordable housing , including 94
housing that is affordable for military families rece iving the 95
basic allowance for housing . Donated real property must be 96
determined by the local government to be appropriate for use as 97
affordable housing and must be subject to deed restrictions to 98
ensure that the property will be used for affordable housing . 99
Section 3. The Office of Program Policy Analysis and 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Government Accountability (OPPAGA) shall evaluate the efficacy 101
of using mezzanine finance, or second -position short-term debt, 102
to stimulate the construction of owner -occupied housing that is 103
affordable as defined in s. 420.0004 (3), Florida Statutes, in 104
this state. OPPAGA shall also evaluate the potential of tiny 105
homes in meeting the need for affordable housing in this state. 106
OPPAGA shall consult with the Florida Housing Finance 107
Corporation and the S himberg Center for Housing Studies at the 108
University of Florida in conducting its evaluation. By December 109
31, 2026, OPPAGA shall submit a report of its findings to the 110
President of the Senate and the Speaker of the House of 111
Representatives. Such report mus t include recommendations for 112
the structuring of a model mezzanine finance program. 113
Section 4. This act shall take effect July 1, 2025. 114