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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 real property and land use and 2
development; amending s. 125.01055, F.S.; prohibiting 3
counties from adopting or enforcing specified laws, 4
ordinances, rules, or other measures relating to 5
affordable housing; authorizing the board of county 6
commissioners to approve the development of housing 7
that is affordable on any parcel that is owned by a 8
specified religious institution; providing 9
definitions; requiring counties to authorize 10
multifamily and mixed -use residential as allowable 11
uses on parcels owned and authorized by specified 12
entities and in planned unit developments for 13
specified use, if certain conditions are met; 14
authorizing counties to include adjacent land as part 15
of multifamily development, regardless of land use 16
designation, if certa in conditions are met; providing 17
applicability; prohibiting counties from requiring a 18
proposed multifamily development to acquire or 19
transfer density, density units, or development units 20
or obtain certain amendments or approval; prohibiting 21
counties from requiring more than a certain percentage 22
of total square footage to be used for specified 23
purposes; providing that certain affordable or 24
workforce units also qualify as affordable housing; 25
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prohibiting counties from restricting or taking action 26
that has the effect of restricting the density of a 27
proposed multifamily or mixed -use residential 28
development below the highest density allowed on or 29
after a specified date; providing construction; 30
prohibiting counties from restricting or taking action 31
that has the effect of restricting the maximum lot 32
size of a proposed multifamily or mixed -use 33
residential development below the largest maximum lot 34
size allowed on or after a specified date; prohibiting 35
counties from restricting or taking action that has 36
the effect of restricting the floor area ratio of a 37
proposed multifamily or mixed -use residential 38
development below a certain percentage allowed on or 39
after a specified date; prohibiting counties from 40
restricting or taking action that has the effect of 41
restricting the height of a proposed multifamily or 42
mixed-use residential development below the highest 43
height allowed on or after a specified date; revising 44
the ability of counties to restrict the height of 45
multifamily or mixed -use residential developments that 46
are adjacent to specified parcels to the highest 47
height allowed on or after a specified date; requiring 48
administrative approval of proposed multifamily or 49
mixed-use residential developments with no further 50
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action or approval in certain instances; requiring 51
such developments to be treated as a conforming use, 52
notwithstanding certain land development regulations; 53
prohibiting counties from initiating or enforcing 54
zoning-in-progress or building moratoriums in certain 55
instances; providing applicability; requiring each 56
county to maintain on its website a specified policy; 57
requiring counties to reduce certain parking 58
requirements by a specified percentage; requiring 59
counties to approve, within a specified timeframe, 60
building permit plan reviews for proposed 61
developments; providing for the awarding of attorney 62
fees and costs under certain conditions; providing 63
that if a county adopts an ordinance or resolution, or 64
makes any other decision, after a specified date 65
having certain effects, the ordinance, resolution, or 66
decision is deemed preempted; providing that the 67
administrative review process of a site plan filed 68
with a county must be based on land development 69
regulations in effect as of the date of filing the 70
application; preempting the regulation of affordable 71
housing to the state; requiring courts to expedite 72
proceedings and render an order within a specified 73
timeframe if an action is filed against a local 74
government based on preemption grounds; requiring 75
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notice of appeal to be filed and served within a 76
specified timeframe from such judgment; requiring the 77
Supreme Court to adopt rules by a specified date for 78
such expedited proceedings; prohibiting counties from 79
conditioning review or approval of applications for 80
development permits or orders on the waiver, 81
forbearance, acquisiti on, transfer, or abandonment of 82
any development right, or the procurement or transfer 83
of density units or development units; deeming such 84
actions to be void; providing applicability; providing 85
reporting requirements for counties and the state land 86
planning agency; prohibiting the imposition of a 87
building moratorium under certain circumstances; 88
providing applicability; providing that the owner of 89
an administratively approved proposed development has 90
a vested right to proceed with development under 91
certain circumstances; amending s. 163.31801, F.S.; 92
requiring an exception or waiver for a specified 93
percentage of the impact fees for certain 94
developments; amending s. 166.041, F.S.; requiring 95
that ordinances designating property as a historic 96
landmark require a ma p to be readily available; 97
requiring municipalities to submit such maps to the 98
State Historic Preservation Officer by a specified 99
date; requiring that resolutions designating certain 100
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privately owned property as a historic landmark be 101
based on a certain fin ding by the governing body for 102
adoption of such resolutions; amending s. 166.04151, 103
F.S.; prohibiting municipalities from adopting or 104
enforcing specified laws, ordinances, rules, or other 105
measures relating to affordable housing; authorizing 106
municipalities to approve the development of housing 107
that is affordable on any parcel that is owned by 108
specified religious institutions; providing 109
definitions; requiring municipalities to authorize 110
multifamily and mixed -use residential as allowable 111
uses on parcels owned and authorized by specified 112
entities and in planned unit developments for 113
specified use, if certain conditions are met; 114
authorizing municipalities to include adjacent land as 115
part of multifamily development, regardless of land 116
use designation, if certain c onditions are met; 117
providing applicability; prohibiting municipalities 118
from requiring a proposed multifamily development to 119
acquire or transfer density, density units, or 120
development units or obtain certain amendments or 121
approval; prohibiting municipalitie s from requiring 122
more than a certain percentage of total square footage 123
to be used for specified purposes; providing that 124
certain affordable or workforce units also qualify as 125
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affordable housing; prohibiting municipalities from 126
restricting or taking action that has the effect of 127
restricting the density of a proposed multifamily or 128
mixed-use residential development below the highest 129
density allowed on or after a specified date; 130
prohibiting municipalities from restricting or taking 131
action that has the effect of restricting the maximum 132
lot size of a proposed multifamily or mixed -use 133
residential development below the largest maximum lot 134
size allowed on or after a specified date; prohibiting 135
municipalities from restricting or taking action that 136
has the effect of restricting the floor area ratio of 137
a proposed multifamily or mixed -use residential 138
development below a certain percentage allowed on or 139
after a specified date; prohibiting municipalities 140
from restricting or taking action that has the effect 141
of restricting the height of a proposed multifamily or 142
mixed-use residential development below the highest 143
height allowed on or after a specified date; revising 144
the ability of municipalities to restrict the height 145
of multifamily or mixed -use residential developments 146
that are adjacent to specified parcels to the highest 147
height allowed on or after a specified date; requiring 148
administrative approval of proposed multifamily or 149
mixed-use residential developments with no further 150
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action or approval in certain instances; requiri ng 151
such developments to be treated as a conforming use, 152
notwithstanding certain land development regulations; 153
prohibiting municipalities from initiating or 154
enforcing zoning-in-progress or building moratoriums 155
in certain instances; providing applicability; 156
requiring each municipality to maintain on its website 157
a specified policy; requiring municipalities to reduce 158
certain parking requirements by a specified 159
percentage; requiring municipalities to approve, 160
within a specified timeframe, building permit plan 161
reviews for proposed developments; providing for the 162
awarding of attorney fees and costs under certain 163
conditions; providing that if a municipality adopts an 164
ordinance or resolution, or makes any other decision, 165
after a specified date having certain effects, the 166
ordinance, resolution, or decision is deemed 167
preempted; providing that the administrative review 168
process of a site plan filed with a municipality must 169
be based on land development regulations in effect as 170
of the date of filing the application; preempt ing the 171
regulation of affordable housing to the state; 172
requiring courts to expedite proceedings and render an 173
order within a specified timeframe if an action is 174
filed against a local government based on preemption 175
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grounds; requiring notice of appeal to be filed and 176
served within a specified timeframe from such 177
judgment; requiring the Supreme Court to adopt rules 178
by a specified date for such expedited proceedings; 179
prohibiting municipalities from conditioning review or 180
approval of applications for development permits or 181
orders on the waiver, forbearance, acquisition, 182
transfer, or abandonment of any development right, or 183
the procurement or transfer of density units or 184
development units; deeming such actions to be void; 185
providing applicability; providing reporti ng 186
requirements for municipalities and the state land 187
planning agency; prohibiting the imposition of a 188
building moratorium under certain circumstances; 189
providing applicability; providing that the owner of 190
an administratively approved proposed development h as 191
a vested right to proceed with development under 192
certain circumstances; amending s. 163.31771, F.S.; 193
revising the definition of the term "accessory 194
dwelling unit"; defining the term "department"; 195
requiring local governments to adopt ordinances as 196
they relate to accessory dwelling units; prohibiting 197
local governments from increasing costs of 198
construction of accessory dwelling units; providing 199
exceptions; prohibiting accessory dwelling units from 200
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being leased for less than a specified term; requiring 201
local governments to submit annual reports beginning 202
on a specified date to the Department of Commerce and 203
post such reports on the local governments' websites; 204
providing requirements for the reports; authorizing 205
the department to adopt rules; prohibiting an ow ner of 206
property with an accessory dwelling unit from being 207
denied a homestead exemption or homestead property 208
assessment limitation solely on the basis of the 209
property containing an accessory dwelling unit; 210
establishing requirements for homestead purposes if an 211
accessory dwelling unit is rented by the property 212
owner; requiring an accessory dwelling unit that is 213
not rented to be considered part of homestead 214
property; amending s. 196.1978, F.S.; requiring the 215
property appraiser to issue a letter to verify tha t a 216
multifamily project qualifies for the affordable 217
housing exemption; exempting such project from a 218
certain ordinance in certain circumstances; providing 219
that a verification letter is prima facie evidence 220
that such project is eligible for an exemption in 221
certain circumstances; establishing the date on which 222
such project qualifies to obtain an exemption; 223
amending s. 196.1979, F.S.; authorizing the board of 224
county commissioners or the governing body of a 225
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municipality to exempt specified portions of property 226
within multifamily projects and accessory dwelling 227
units used to provide affordable housing; revising ad 228
valorem property tax exemption provisions for 229
accessory dwelling units; amending s. 333.03, F.S.; 230
revising applicability for certain proposed 231
developments; defining the term "commercial service 232
airport"; amending s. 420.50871, F.S.; expanding the 233
scope of financing of affordable housing projects to 234
include certain housing; creating s. 420.5098, F.S.; 235
providing legislative findings; providing definitions ; 236
providing legislative policy; authorizing the Florida 237
Housing Finance Corporation to fund certain housing 238
projects within a specified time that will provide 239
affordable housing in specified areas for specified 240
individuals through a public -private housing 241
partnership agreement; requiring certain participating 242
employers to provide land or other financial support 243
to such individuals; amending s. 760.22, F.S.; 244
revising the definition of the term "person"; amending 245
s. 760.26, F.S.; prohibiting discrimination in land 246
use decisions and in permitting of development based 247
on a development or proposed development being 248
affordable housing; providing applicability; amending 249
s. 760.35, F.S.; revising provisions relating to the 250
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issuance of a court order prohibiting a dis criminatory 251
housing practice; providing for waiver of sovereign 252
immunity; amending s. 479.01, F.S.; conforming a 253
cross-reference; amending s. 1001.43, F.S.; requiring 254
district school boards to exercise specified 255
supplemental powers and duties relating to a ffordable 256
housing; providing an effective date. 257
258
Be It Enacted by the Legislature of the State of Florida: 259
260
Section 1. Subsections (1), (6), (7), and (8) of section 261
125.01055, Florida Statutes, are amended, and subsections (9) 262
through (12) are adde d to that section, to read: 263
125.01055 Affordable housing. — 264
(1) Notwithstanding any other provision of law, a county 265
may adopt and maintain in effect any law, ordinance, rule, or 266
other measure that is adopted for the purpose of increasing the 267
supply of affordable housing using land use mechanisms such as 268
inclusionary housing or linkage fee ordinances. A county may not 269
adopt or enforce any law, ordinance, rule, or other measure that 270
limits or prohibits affordable housing, including, but not 271
limited to, any measure that is adopted for the purpose of 272
limiting the maximum percentage of affordable housing units 273
within a project within a certain geographic area or within a 274
certain distance from another affordable housing project, or 275
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that otherwise prohibits aff ordable housing in areas zoned for 276
such use. 277
(6) Notwithstanding any other law or local ordinance or 278
regulation to the contrary, the board of county commissioners 279
may approve the development of housing that is affordable, as 280
defined in s. 420.0004, inclu ding, but not limited to, a mixed -281
use residential development, on any parcel zoned for commercial 282
or industrial use, or on any parcel, including any contiguous 283
parcel connected thereto, that is owned by a religious 284
institution, as defined in s. 170.201(2), that contains a house 285
of public worship, regardless of the underlying zoning , so long 286
as at least 10 percent of the units included in the project are 287
for housing that is affordable. The provisions of this 288
subsection are self-executing and do not require t he board of 289
county commissioners to adopt an ordinance or a regulation 290
before using the approval process in this subsection. 291
(7)(a) As used in this subsection, regardless of 292
terminology used in a county's land development regulations, the 293
term: 294
1. "Allowable density" means the density prescribed for 295
the property without additional requirements to procure and 296
transfer density units or development units from other 297
properties. 298
2. "Allowable use" means the intended uses identified in a 299
county's land development regulations which are authorized 300
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within a zoning category as a use by right, without the 301
requirement to obtain a variance or waiver. The term does not 302
include uses that are accessory, ancillary, or incidental to the 303
allowable uses or allowed only on a temporary basis. 304
3. "Commercial use" means activities associated with the 305
sale, rental, or distribution of products or the sale or 306
performance of services. The term includes, but is not limited 307
to, retail, office, entertainment, hotels, and other for -profit 308
business activities. The term does not include vacation rentals 309
as classified in s. 509.242(1)(c); home -based businesses or 310
cottage food operations performed on residential property; or 311
uses that are accessory, ancillary, or incidental to the 312
allowable uses or allowed only on a temporary basis. 313
4. "Industrial use" means activities associated with the 314
manufacture, assembly, processing, or storage of products or the 315
performance of related services. 316
5. "Mixed use" means areas that include both resid ential 317
and nonresidential uses, notwithstanding any local land 318
development regulation categorization or title, regardless of 319
whether the residential or nonresidential uses are permitted as 320
principal use, conditional use, ancillary use, special use, 321
unusual use, accessory use, planned unit development, or planned 322
development. Nonresidential use includes, but is not limited to, 323
retail, office, hotel, lodging, civic, institutional, parking, 324
utilities, or other commercial uses. 325
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6. "Planned unit development" h as the same meaning as in 326
s. 163.3202(5)(b). 327
(b)1.(a) Notwithstanding any other law, local ordinance, 328
or regulation to the contrary, including any local moratorium 329
established after March 29, 2023, a county must authorize 330
multifamily and mixed -use residential as allowable uses on any 331
parcel owned and authorized by the county, a district school 332
board, or a religious institution as defined in s. 170.201(2), 333
and in any area zoned for commercial, industrial, or mixed use ; 334
or on any parcel within a planned uni t development permitted for 335
commercial, industrial, or mixed use, if at least 40 percent of 336
the residential units in a proposed multifamily or mixed-use 337
residential development are rental units that, for a period of 338
at least 30 years, are affordable as def ined in s. 420.0004. A 339
county may authorize the inclusion of an adjacent parcel of land 340
as part of the multifamily development, regardless of the land 341
use designation of the adjacent parcel, if the residential units 342
to be built on the adjacent parcel compl y with the requirements 343
of this subsection. This subparagraph does not apply to 344
moratoria imposed to address stormwater or flood water 345
management, to address the supply of potable water, or due to 346
the necessary repair of sanitary sewer systems, if such 347
moratoria apply equally to all types of multifamily or mixed -use 348
residential development. 349
2. Notwithstanding any other law, local ordinance, or 350
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regulation to the contrary, a county may not require a proposed 351
multifamily or mixed-use residential development to acquire or 352
transfer density, density units, or development units or obtain 353
an amendment to a development of regional impact, amendment to a 354
development agreement, or amendment to a restrictive covenant or 355
a zoning or land use change, specia l exception, conditional use 356
approval, variance, or comprehensive plan amendment , or any 357
other approval for the building height, zoning, and densities 358
authorized under this subsection. 359
3. For mixed-use residential projects, at least 65 percent 360
of the total square footage must be used for residential 361
purposes. A county may not require more than 10 percent of the 362
total square footage to be used for nonresidential purposes. 363
4. Affordable or workforce units that qualify for 364
incentives under local regulation s as contemplated by subsection 365
(4) may also qualify as affordable under this subsection if the 366
units satisfy the requirements of s. 420.0004 and the local 367
regulations. 368
(c)(b) A county may not directly restrict or take action 369
that has the effect of restr icting the density of a proposed 370
multifamily or mixed -use residential development authorized 371
under this subsection below the highest currently allowed 372
density allowed on or after July 1, 2023, on any unincorporated 373
land in the county where residential deve lopment is allowed 374
under the county's land development regulations. For purposes of 375
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this paragraph, the term "highest currently allowed density" 376
does not include the density of any building that met the 377
requirements of this subsection or the density of any building 378
that has received any bonus, variance, or other special 379
exception for density provided in the county's land development 380
regulations as an incentive for development. For purposes of 381
this paragraph, to "directly restrict" or to "take action that 382
has the effect of restricting" density includes requirements to 383
procure or transfer density units or development units from 384
other properties. 385
(d) A county may not directly restrict or take action that 386
has the effect of restricting the maximum lot size of a proposed 387
multifamily or mixed -use residential development authorized 388
under this paragraph below the largest maximum lot size allowed 389
on or after July 1, 2023, on any unincorporated land in the 390
county where multifamily or mixed -use residential development is 391
allowed pursuant to the county's land development regulations. A 392
county may not restrict the maximum lot coverage of a proposed 393
multifamily or mixed -use residential development authorized 394
under this paragraph below 70 percent. 395
(e)(c) A county may not directly restrict or take action 396
that has the effect of restricting the floor area ratio of a 397
proposed multifamily or mixed -use residential development 398
authorized under this subsection below 150 percent of the 399
highest currently allowed floor area ratio allowed on or after 400
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May 16, 2024, on any unincorporated land in the county where 401
development is allowed under the county's land development 402
regulations. For purposes of this paragraph, the term "highest 403
currently allowed floor area ratio" does not include the floor 404
area ratio of any building that met the requirements of this 405
subsection or the floor area ratio of any building that has 406
received any bonus, variance, or other special exception for 407
floor area ratio provided in the county's land development 408
regulations as an incentive for development. For purposes of 409
this subsection, the term "floor area ratio" includes floor lot 410
ratio. 411
(f)(d)1. A county may not directly restrict or take action 412
that has the effect of restricting the height of a proposed 413
multifamily or mixed-use residential development authorized 414
under this subsection below the highest currently allowed height 415
allowed on or after July 1, 2023, for a commercial or 416
residential building located in its jurisdiction within 1 mile 417
of the proposed develo pment or 3 stories, whichever is higher. 418
For purposes of this paragraph, the term "highest currently 419
allowed height" does not include the height of any building that 420
met the requirements of this subsection or the height of any 421
building that has received an y bonus, variance, or other special 422
exception for height provided in the county's land development 423
regulations as an incentive for development. 424
2. If the proposed multifamily or mixed -use residential 425
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development is adjacent to, on two or more sides, a pa rcel zoned 426
for single-family residential use which is within a single -427
family residential development with at least 25 contiguous 428
single-family homes, the county may restrict the height of the 429
proposed development to 150 percent of the tallest building on 430
any property adjacent to the proposed development, the highest 431
currently allowed height allowed on or after July 1, 2023, for 432
the property provided in the county's land development 433
regulations, or 3 stories, whichever is higher. For the purposes 434
of this paragraph, the term "adjacent to" means those properties 435
sharing more than one point of a property line, but does not 436
include properties separated by a public road. 437
(g)1.(e) A proposed multifamily or mixed -use residential 438
development authorized under this s ubsection must be 439
administratively approved and no further action by the board of 440
county commissioners or any quasi-judicial board of the 441
reviewing body is not authorized required if the development 442
satisfies the county's land development regulations for 443
multifamily or mixed-use residential developments in areas zoned 444
for such use, density, intensity, and height, and is otherwise 445
consistent with the comprehensive plan, with the exception of 446
provisions establishing allowable densities, floor area ratios, 447
height, and land use, including mixed-use and minimum 448
nonresidential or commercial floor area requirements. The 449
removal or demolition of an existing structure to be performed 450
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as part of the proposed development must also be 451
administratively approved. A propos ed development authorized 452
under this subsection must be treated as a conforming use, 453
notwithstanding the county's comprehensive plan, future land use 454
designation, or zoning . Such land development regulations 455
include, but are not limited to, regulations rel ating to 456
setbacks and parking requirements. 457
2. A county may not initiate or enforce zoning -in-progress 458
or a building moratorium on a proposed development that is 459
subject to this subsection and for which the county has approved 460
the development's prelimina ry site plan. This subparagraph does 461
not apply to moratoria imposed to address stormwater or flood 462
water management, to address the supply of potable water, or due 463
to the necessary repair of sanitary sewer systems, if such 464
moratoria apply equally to all ty pes of multifamily or mixed -use 465
residential development. 466
3. A proposed development located within one -quarter mile 467
of a military installation identified in s. 163.3175(2) may not 468
be administratively approved. 469
4. Each county shall maintain on its websit e a policy 470
containing the zoning map and zoning regulations as outlined in 471
this section and the procedures and expectations for 472
administrative approval pursuant to this subsection. 473
(h)(f)1. A county must reduce consider reducing parking 474
requirements by at least 20 percent for a proposed development 475
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authorized under this subsection , or by 100 percent for 476
structures that are 20,000 square feet or less if the 477
development is located within one -quarter mile of a transit 478
stop, as defined in the county's land de velopment code, and the 479
transit stop is accessible from the development . 480
2. A county must reduce parking requirements by at least 481
20 percent for a proposed development authorized under this 482
subsection if the development: 483
a. Is located within one -half mile of a major 484
transportation hub that is accessible from the proposed 485
development by safe, pedestrian -friendly means, such as 486
sidewalks, crosswalks, elevated pedestrian or bike paths, or 487
other multimodal design features; and 488
b. Has available parking wit hin 600 feet of the proposed 489
development which may consist of options such as on -street 490
parking, parking lots, or parking garages available for use by 491
residents of the proposed development. However, a county may not 492
require that the available parking compe nsate for the reduction 493
in parking requirements. 494
3. A county must eliminate parking requirements for a 495
proposed mixed-use residential development authorized under this 496
subsection within an area recognized by the county as a transit -497
oriented development o r area, as provided in paragraph (h). 498
4. For purposes of this paragraph, the term "major 499
transportation hub" means any transit station, whether bus, 500
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train, or light rail, which is served by public transit with a 501
mix of other transportation options. 502
(i)(g) For proposed multifamily developments in an 503
unincorporated area zoned for commercial or industrial use which 504
is within the boundaries of a multicounty independent special 505
district that was created to provide municipal services and is 506
not authorized to levy ad valorem taxes, and less than 20 507
percent of the land area within such district is designated for 508
commercial or industrial use, a county must authorize, as 509
provided in this subsection, such development only if the 510
development is mixed -use residential. 511
(j)(h) A proposed development authorized under this 512
subsection which is located within a transit -oriented 513
development or area, as recognized by the county, must be mixed -514
use residential and otherwise comply with requirements of the 515
county's regulations applicable to the transit -oriented 516
development or area except for use, height, density, floor area 517
ratio, and parking as provided in this subsection or as 518
otherwise agreed to by the county and the applicant for the 519
development. 520
(k)(i) Except as otherwise provided in this subsection, a 521
development authorized under this subsection must comply with 522
all applicable state and local laws and regulations. 523
(l)(j)1. Nothing in this subsection precludes a county 524
from granting a bonus, variance , conditional use, or other 525
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special exception for height, density, or floor area ratio in 526
addition to the height, density, and floor area ratio 527
requirements in this subsection. 528
2. Nothing in this subsection precludes a proposed 529
development authorized und er this subsection from receiving a 530
bonus for density, height, or floor area ratio pursuant to an 531
ordinance or regulation of the jurisdiction where the proposed 532
development is located if the proposed development satisfies the 533
conditions to receive the bonu s except for any condition which 534
conflicts with this subsection. If a proposed development 535
qualifies for such bonus, the bonus must be administratively 536
approved by the county and no further action by the board of 537
county commissioners is required. 538
(m) A county shall approve a building permit plan review 539
for a proposed development within 60 business days as authorized 540
under this subsection, and prioritize a building permit plan 541
review for projects authorized under this subsection over other 542
development projects. 543
(n) Notwithstanding s. 57.112(6), the prevailing party in 544
a challenge under this subsection is entitled to recover 545
attorney fees and costs, including reasonable appellate attorney 546
fees and costs. 547
(o)(k) This subsection does not apply to: 548
1. Airport-impacted areas as provided in s. 333.03. 549
2. Property defined as recreational and commercial working 550
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waterfront in s. 342.201(2)(b) in any area zoned as industrial. 551
(p) After July 1, 2023, if a county adopts an ordinance or 552
resolution, or makes any other decision, and such ordinance, 553
resolution, or decision has the effect, either directly or 554
indirectly, of: 555
1. Limiting the height, floor area ratio, maximum lot 556
size, or density of a project under this section; 557
2. Unreasonably delaying the development or construction 558
of a project under this section, including, but not limited to, 559
imposing a moratorium; or 560
3. Restricting the manner in which affordable units are 561
developed, 562
563
then such ordinance, resolution, or decision shall be deemed 564
preempted. If a property owner files a site plan application 565
under this section with a county, the administrative review 566
process must be based only on the land development regulations 567
in effect as of the date of filing the application. 568
(q) The regulation of aff ordable housing under this 569
subsection is expressly preempted to the state. This subsection 570
supersedes any local government ordinances, resolutions, or any 571
other local regulations, including local moratoriums, on matters 572
covered under this subsection. 573
(r) If an action is filed against a local government to 574
challenge the adoption or enforcement of a local ordinance, 575
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resolution, or other local regulation on the grounds that it is 576
expressly preempted by general law under this subsection, the 577
court shall expedite the proceeding and render a decision within 578
30 days after service of process. Notice of appeal shall be 579
filed and served within 30 days after the rendition of the 580
judgment appealed from. The Supreme Court shall adopt rules by 581
October 1, 2025, to ensure the proceedings are handled 582
expeditiously and in a manner consistent with this subsection. 583
(s)(l) This subsection expires October 1, 2033. 584
(8) Any development authorized under paragraph (7)(b) 585
(7)(a) must be treated as a conforming use even after the 586
expiration of subsection (7) and the development's affordability 587
period as provided in paragraph (7)(b) (7)(a), notwithstanding 588
the county's comprehensive plan, future land use designation, or 589
zoning. If at any point during the development's affordability 590
period the development violates the affordability period 591
requirement provided in paragraph (7)(b) (7)(a), the development 592
must be allowed a reasonable time to cure such violation. If the 593
violation is not cured within a reasonable time, the development 594
must be treated as a nonconforming use. 595
(9) A county's review or approval of an application for a 596
development permit or development order may not be conditioned 597
on the: 598
(a) Waiver, forbearance, acquisition, transfer, or 599
abandonment of any development right authorized by this section; 600
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or 601
(b) Procurement or transfer of density units or 602
development units. 603
604
Any such waiver, forbearance, acquisition, transfer, 605
procurement, or abandonment is void. This subsection does not 606
apply to an area of critical state conc ern as defined in s. 607
380.05. 608
(10)(a) Beginning June 30, 2026, each county must provide 609
an annual report to the state land planning agency that 610
includes: 611
1. All litigation initiated under subsection (9), the 612
status of the case, and, if applicable, the f inal disposition. 613
2. All actions the county has taken on any proposed 614
project under this section, including, at minimum, the project 615
size, density, and intensity, and the number of units and the 616
number of affordable units for such proposed project. 617
3. For any proposed development that is denied or not 618
accepted, all actions the county has taken on such proposed 619
development and an explanation for why such actions were taken. 620
(b) The state land planning agency shall provide an annual 621
report to the Govern or, the President of the Senate, and the 622
Speaker of the House of Representatives regarding county 623
compliance with this section. 624
(11)(a) A county may not impose a building moratorium that 625
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has the effect of delaying the permitting of construction of a 626
multifamily project that would otherwise qualify for: 627
1. An affordable housing ad valorem tax exemption under s. 628
196.1978 or s. 196.1979. 629
2. Any grant loan or other incentive provided for the 630
development of affordable housing under chapter 420. 631
3. Any abatement of development restrictions under 632
subsection (7). 633
(b) This subsection does not apply to moratoria imposed to 634
address stormwater or flood water management, to address the 635
supply of potable water, or due to the necessary repair of 636
sanitary sewer systems, if such moratoria apply equally to all 637
types of multifamily or mixed -use residential development. 638
(12) If the owner of an administratively approved proposed 639
development has acted in reliance on that approval, the owner 640
has a vested right to procee d with development under the 641
relevant laws, regulations, and ordinances at the time such 642
rights vested, if the property continues to comply with the 643
requirements of this section. 644
Section 2. Subsection (11) of section 163.31801, Florida 645
Statutes, is amended to read: 646
163.31801 Impact fees; short title; intent; minimum 647
requirements; audits; challenges. — 648
(11)(a) A county, municipality, or special district may 649
provide an exception or waiver for an impact fee for the 650
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development or construction of housing that is affordable, as 651
defined in s. 420.9071. If a county, municipality, or special 652
district provides such an exception or waiver, it is not 653
required to use any revenues to offset the impact. 654
(b) Qualified developments authorized pursuant to s. 655
125.01055 or s. 166.04151 shall receive an exception or waiver 656
for 20 percent of the impact fees for the development of, or 657
construction of the portion of the development that is, 658
affordable housing. 659
Section 3. Subsection (2) of section 166.041, Florida 660
Statutes, is amended to read: 661
166.041 Procedures for adoption of ordinances and 662
resolutions.— 663
(2)(a) Each ordinance or resolution shall be introduced in 664
writing and shall embrace but one subject and matters properly 665
connected therewith. The subject sha ll be clearly stated in the 666
title. No ordinance shall be revised or amended by reference to 667
its title only. Ordinances to revise or amend shall set out in 668
full the revised or amended act or section or subsection or 669
paragraph of a section or subsection. 670
(b) Any ordinance the subject of which designates property 671
as a historic landmark shall require a printed or digital map of 672
such property to be readily available. A municipality shall 673
submit such map to the State Historic Preservation Officer no 674
later than June 1, 2027. 675
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(c) Any resolution the subject of which designates the 676
character of privately owned property as a historic landmark 677
without the consent of the property owner shall require a 678
finding by the governing body, based on substantial competent 679
evidence, that the historic significance of the subject property 680
is commensurate, to an equal or greater degree, with property 681
that is already designated as a historic landmark within the 682
municipality. 683
Section 4. Subsections (1), (6), (7), and (8) of section 684
166.04151, Florida Statutes, are amended, and subsections (9) 685
through (12) are added to that section, to read: 686
166.04151 Affordable housing. — 687
(1) Notwithstanding any other provision of law, a 688
municipality may adopt and maintain in effect any la w, 689
ordinance, rule, or other measure that is adopted for the 690
purpose of increasing the supply of affordable housing using 691
land use mechanisms such as inclusionary housing or linkage fee 692
ordinances. A municipality may not adopt or enforce any law, 693
ordinance, rule, or other measure that limits or prohibits 694
affordable housing, including, but not limited to, any measure 695
that is adopted for the purpose of limiting the maximum 696
percentage of affordable housing units within a project within a 697
certain geographic are a or within a certain distance from 698
another affordable housing project, or that otherwise prohibits 699
affordable housing in areas zoned for such use. 700
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(6) Notwithstanding any other law or local ordinance or 701
regulation to the contrary, the governing body of a municipality 702
may approve the development of housing that is affordable, as 703
defined in s. 420.0004, including, but not limited to, a mixed -704
use residential development, on any parcel zoned for commercial 705
or industrial use, or on any parcel, including any c ontiguous 706
parcel connected thereto, that is owned by a religious 707
institution, as defined in s. 170.201(2), that contains a house 708
of public worship, regardless of the underlying zoning , so long 709
as at least 10 percent of the units included in the project are 710
for housing that is affordable. The provisions of this 711
subsection are self-executing and do not require the governing 712
body to adopt an ordinance or a regulation before using the 713
approval process in this subsection. 714
(7)(a) As used in this subsection, reg ardless of 715
terminology used in a municipality's land development 716
regulations, the term: 717
1. "Allowable density" means the density prescribed for 718
the property without additional requirements to procure and 719
transfer density units or development units from o ther 720
properties. 721
2. "Allowable use" means the intended uses identified in a 722
municipality's land development regulations which are authorized 723
within a zoning category as a use by right, without the 724
requirement to obtain a variance or waiver. The term does not 725
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include uses that are accessory, ancillary, or incidental to the 726
allowable uses or allowed only on a temporary basis. 727
3. "Commercial use" means activities associated with the 728
sale, rental, or distribution of products or the sale or 729
performance of services. The term includes, but is not limited 730
to, retail, office, entertainment, hotels, and other for -profit 731
business activities. The term does not include vacation rentals 732
as classified in s. 509.242(1)(c); home -based businesses or 733
cottage food operation s performed on residential property; or 734
uses that are accessory, ancillary, or incidental to the 735
allowable uses or allowed only on a temporary basis. 736
4. "Industrial use" means activities associated with the 737
manufacture, assembly, processing, or storage o f products or the 738
performance of related services. 739
5. "Mixed use" means areas that include both residential 740
and nonresidential uses, notwithstanding any local land 741
development regulation categorization or title, regardless of 742
whether the residential or n onresidential uses are permitted as 743
principal use, conditional use, ancillary use, special use, 744
unusual use, accessory use, planned unit development, or planned 745
development. Nonresidential use includes, but is not limited to, 746
retail, office, hotel, lodging , civic, institutional, parking, 747
utilities, or other commercial uses. 748
6. "Planned unit development" has the same meaning as in 749
s. 163.3202(5)(b). 750
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(b)1.(a) Notwithstanding any other law, local ordinance, 751
or regulation to the contrary, including any loca l moratorium 752
established after March 29, 2023, a municipality must authorize 753
multifamily and mixed -use residential as allowable uses on any 754
parcel owned and authorized by the municipality, a district 755
school board, or a religious institution as defined in s . 756
170.201(2), and in any area zoned for commercial, industrial, or 757
mixed use; or on any parcel within a planned unit development 758
permitted for commercial, industrial, or mixed use, if at least 759
40 percent of the residential units in a proposed multifamily or 760
mixed-use residential development are rental units that, for a 761
period of at least 30 years, are affordable as defined in s. 762
420.0004. A municipality may authorize the inclusion of an 763
adjacent parcel of land as part of the multifamily development, 764
regardless of the land use designation of the adjacent parcel, 765
if the residential units to be built on the adjacent parcel 766
comply with the requirements of this subsection. This 767
subparagraph does not apply to moratoria imposed to address 768
stormwater or flood water management, to address the supply of 769
potable water, or due to the necessary repair of sanitary sewer 770
systems, if such moratoria apply equally to all types of 771
multifamily or mixed -use residential development. 772
2. Notwithstanding any other law, local ordina nce, or 773
regulation to the contrary, a municipality may not require a 774
proposed multifamily or mixed-use residential development to 775
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obtain an amendment to a development of regional impact, 776
amendment to a development agreement, or amendment to a 777
restrictive covenant or a zoning or land use change, special 778
exception, conditional use approval, variance, or comprehensive 779
plan amendment, or any other approval for the building height, 780
zoning, and densities authorized under this subsection. 781
3. For mixed-use residential projects, at least 65 percent 782
of the total square footage must be used for residential 783
purposes. A municipality may not require more than 10 percent of 784
the total square footage to be used for nonresidential purposes. 785
4. Affordable or workforce unit s that qualify for 786
incentives under local regulations as contemplated by subsection 787
(4) may also qualify as affordable under this subsection if the 788
units satisfy the requirements of s. 420.0004 and the local 789
regulations. 790
(c)(b) A municipality may not directly restrict or take 791
action that has the effect of restricting the density of a 792
proposed multifamily or mixed -use residential development 793
authorized under this subsection below the highest currently 794
allowed density allowed on or after July 1, 2023, on any land in 795
the municipality where residential development is allowed under 796
the municipality's land development regulations. For purposes of 797
this paragraph, the term "highest currently allowed density" 798
does not include the density of any building that met th e 799
requirements of this subsection or the density of any building 800
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that has received any bonus, variance, or other special 801
exception for density provided in the municipality's land 802
development regulations as an incentive for development. For 803
purposes of this paragraph, to "directly restrict" or to "take 804
action that has the effect of restricting" density includes 805
requirements to procure or transfer density units or development 806
units from other properties. 807
(d) A municipality may not directly restrict or take 808
action that has the effect of restricting the maximum lot size 809
of a proposed multifamily or mixed -use residential development 810
authorized under this paragraph below the largest maximum lot 811
size allowed on or after July 1, 2023, on any land in the 812
municipality where multifamily or mixed -use residential 813
development is allowed pursuant to the municipality's land 814
development regulations. A municipality may not restrict the 815
maximum lot coverage of a proposed multifamily or mixed -use 816
residential development author ized under this paragraph below 70 817
percent. 818
(e)(c) A municipality may not directly restrict or take 819
action that has the effect of restricting the floor area ratio 820
of a proposed multifamily or mixed -use residential development 821
authorized under this subsec tion below 150 percent of the 822
highest currently allowed floor area ratio allowed on or after 823
May 16, 2024, on any land in the municipality where development 824
is allowed under the municipality's land development 825
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regulations. For purposes of this paragraph, t he term "highest 826
currently allowed floor area ratio" does not include the floor 827
area ratio of any building that met the requirements of this 828
subsection or the floor area ratio of any building that has 829
received any bonus, variance, or other special exception for 830
floor area ratio provided in the municipality's land development 831
regulations as an incentive for development. For purposes of 832
this subsection, the term "floor area ratio" includes floor lot 833
ratio. 834
(f)(d)1. A municipality may not directly restrict or take 835
action that has the effect of restricting the height of a 836
proposed multifamily or mixed -use residential development 837
authorized under this subsection below the highest currently 838
allowed height allowed on or after July 1, 2023, for a 839
commercial or residential building located in its j urisdiction 840
within 1 mile of the proposed development or 3 stories, 841
whichever is higher. For purposes of this paragraph, the term 842
"highest currently allowed height" does not include the height 843
of any building that met the requirements of this subsection or 844
the height of any building that has received any bonus, 845
variance, or other special exception for height provided in the 846
municipality's land development regulations as an incentive for 847
development. 848
2. If the proposed multifamily or mixed -use residential 849
development is adjacent to, on two or more sides, a parcel zoned 850
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for single-family residential use that is within a single -family 851
residential development with at least 25 contiguous single -852
family homes, the municipality may restrict the height of the 853
proposed development to 150 percent of the tallest building on 854
any property adjacent to the proposed development, the highest 855
currently allowed height allowed on or after July 1, 2023, for 856
the property provided in the municipality's land development 857
regulations, or 3 stories, whichever is higher. For the purposes 858
of this paragraph, the term "adjacent to" means those properties 859
sharing more than one point of a property line, but does not 860
include properties separated by a public road. 861
(g)1.(e) A proposed multifamily or mixed-use residential 862
development authorized under this subsection must be 863
administratively approved and no further action or approval by 864
the governing body of the municipality or any quasi-judicial 865
board of the reviewing body is not authorized required if the 866
development satisfies the municipality's land development 867
regulations for multifamily or mixed-use residential 868
developments as of July 1, 2023, in areas zoned for such use , 869
density, intensity, and height, and is otherwise consistent with 870
the comprehensive plan, with the exception of provisions 871
establishing allowable densities, floor area ratios, height, and 872
land use, including mixed-use and minimum nonresidential or 873
commercial floor area requirements. The removal or demolition of 874
an existing structure to be performed as part of the proposed 875
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development must also be administratively approved. A proposed 876
development authorized under this subsection must be treated as 877
a conforming use, notwithstanding the municipality's 878
comprehensive plan, future l and use designation, or zoning . Such 879
land development regulations include, but are not limited to, 880
regulations relating to setbacks and parking requirements. 881
2. A municipality may not initiate or enforce zoning -in-882
progress or a building moratorium on a p roposed development that 883
is subject to this subsection and for which the municipality has 884
approved the development's preliminary site plan. This 885
subparagraph does not apply to moratoria imposed to address 886
stormwater or flood water management, to address th e supply of 887
potable water, or due to the necessary repair of sanitary sewer 888
systems, if such moratoria apply equally to all types of 889
multifamily or mixed -use residential development. 890
3. A proposed development located within one -quarter mile 891
of a military installation identified in s. 163.3175(2) may not 892
be administratively approved. 893
4. Each municipality shall maintain on its website a 894
policy containing the zoning map and zoning regulations as 895
outlined in this section and the procedures and expectations for 896
administrative approval pursuant to this subsection. 897
(h)(f)1. A municipality must consider reducing parking 898
requirements by at least 20 percent for a proposed development 899
authorized under this subsection , or by 100 percent for 900
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structures that are 20,000 square feet or less if the 901
development is located within one -quarter mile of a transit 902
stop, as defined in the municipality's land development code, 903
and the transit stop is accessible from the development . 904
2. A municipality must reduce parking req uirements by at 905
least 20 percent for a proposed development authorized under 906
this subsection if the development: 907
a. Is located within one -half mile of a major 908
transportation hub that is accessible from the proposed 909
development by safe, pedestrian -friendly means, such as 910
sidewalks, crosswalks, elevated pedestrian or bike paths, or 911
other multimodal design features. 912
b. Has available parking within 600 feet of the proposed 913
development which may consist of options such as on -street 914
parking, parking lots, or parking garages available for use by 915
residents of the proposed development. However, a municipality 916
may not require that the available parking compensate for the 917
reduction in parking requirements. 918
3. A municipality must eliminate parking requirements for 919
a proposed mixed-use residential development authorized under 920
this subsection within an area recognized by the municipality as 921
a transit-oriented development or area, as provided in paragraph 922
(h). 923
4. For purposes of this paragraph, the term "major 924
transportation hub" means any transit station, whether bus, 925
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train, or light rail, which is served by public transit with a 926
mix of other transportation options. 927
(i)(g) A municipality that designates less than 20 percent 928
of the land area within its jurisdiction for commercial or 929
industrial use must authorize a proposed multifamily development 930
as provided in this subsection in areas zoned for commercial or 931
industrial use only if the proposed multifamily development is 932
mixed-use residential. 933
(j)(h) A proposed development authorized under this 934
subsection which is located within a transit -oriented 935
development or area, as recognized by the municipality, must be 936
mixed-use residential and otherwise comply with requirements of 937
the municipality's regulations applicable to the transit-938
oriented development or area except for use, height, density, 939
floor area ratio, and parking as provided in this subsection or 940
as otherwise agreed to by the municipality and the applicant for 941
the development. 942
(k)(i) Except as otherwise prov ided in this subsection, a 943
development authorized under this subsection must comply with 944
all applicable state and local laws and regulations. 945
(l)(j)1. Nothing in this subsection precludes a 946
municipality from granting a bonus, variance, conditional use, 947
or other special exception to height, density, or floor area 948
ratio in addition to the height, density, and floor area ratio 949
requirements in this subsection. 950
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2. Nothing in this subsection precludes a proposed 951
development authorized under this subsection fr om receiving a 952
bonus for density, height, or floor area ratio pursuant to an 953
ordinance or regulation of the jurisdiction where the proposed 954
development is located if the proposed development satisfies the 955
conditions to receive the bonus except for any cond ition which 956
conflicts with this subsection. If a proposed development 957
qualifies for such bonus, the bonus must be administratively 958
approved by the municipality and no further action by the 959
governing body of the municipality is required. 960
(m) A municipality shall approve building permit plan 961
review for a proposed development within 60 business days as 962
authorized under this subsection, and prioritize building permit 963
plan review for projects authorized under this subsection over 964
other development projects. 965
(n) Notwithstanding s. 57.112(6), the prevailing party in 966
a challenge under this subsection is entitled to recover 967
attorney fees and costs, including reasonable appellate attorney 968
fees and costs. 969
(o)(k) This subsection does not apply to: 970
1. Airport-impacted areas as provided in s. 333.03. 971
2. Property defined as recreational and commercial working 972
waterfront in s. 342.201(2)(b) in any area zoned as industrial. 973
(p) After July 1, 2023, if a municipality adopts an 974
ordinance or resolution, or makes any other decision, and such 975
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ordinance, resolution, or decision has the effect, either 976
directly or indirectly, of: 977
1. Limiting the height, floor area ratio, maximum lot 978
size, or density of a project under this section; 979
2. Unreasonably delaying the developm ent or construction 980
of a project under this section, including, but not limited to, 981
imposing a moratorium; or 982
3. Restricting the manner in which affordable units are 983
developed, 984
985
then such ordinance, resolution, or decision shall be deemed 986
preempted. If a property owner files a site plan application 987
under this section with a municipality, the administrative 988
review process must be based only on the land development 989
regulations in effect as of the date of filing the application. 990
(q) The regulation of affor dable housing under this 991
subsection is expressly preempted to the state. This subsection 992
supersedes any local government ordinances, resolutions, or any 993
other local regulations, including local moratoriums, on matters 994
covered under this subsection. 995
(r) If an action is filed against a local government to 996
challenge the adoption or enforcement of a local ordinance, 997
resolution, or other local regulation on the grounds that it is 998
expressly preempted by general law under this subsection, the 999
court shall expedite the proceeding and render a decision within 1000
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30 days after service of process. Notice of appeal shall be 1001
filed and served within 30 days from the rendition of the 1002
judgment appealed from. The Supreme Court shall adopt rules by 1003
October 1, 2025, to ensure th e proceedings are handled 1004
expeditiously and in a manner consistent with this subsection. 1005
(s)(l) This subsection expires October 1, 2033. 1006
(8) Any development authorized under paragraph (7)(b) 1007
(7)(a) must be treated as a conforming use even after the 1008
expiration of subsection (7) and the development's affordability 1009
period as provided in paragraph (7)(b) (7)(a), notwithstanding 1010
the municipality's comprehensive plan, future land use 1011
designation, or zoning. If at any point during the development's 1012
affordability period the development violates the affordability 1013
period requirement provided in paragraph (7)(b) (7)(a), the 1014
development must be allowed a reasonable time to cure such 1015
violation. If the violation is not cured within a reasonable 1016
time, the development m ust be treated as a nonconforming use. 1017
(9) A municipality's review or approval of an application 1018
for a development permit or development order may not be 1019
conditioned on the: 1020
(a) Waiver, forbearance, acquisition, transfer, or 1021
abandonment of any developm ent right authorized by this section; 1022
or 1023
(b) Procurement or transfer of density units or 1024
development units. 1025
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1026
Any such waiver, forbearance, acquisition, transfer, 1027
procurement, or abandonment is void. This subsection does not 1028
apply to an area of critical state concern as defined in s. 1029
380.05. 1030
(10)(a) Beginning June 30, 2026, each municipality must 1031
provide an annual report to the state land planning agency that 1032
includes: 1033
1. All litigation initiated under subsection (9), the 1034
status of the case, and, if a pplicable, the final disposition. 1035
2. All actions the municipality has taken on any proposed 1036
project under this section, including, at minimum, the project 1037
size, density, and intensity, and the number of units and the 1038
number of affordable units for such p roposed project. 1039
3. For any proposed development that is denied or not 1040
accepted, all actions the municipality has taken relating to 1041
such proposed development and an explanation for why such 1042
actions were taken. 1043
(b) The state land planning agency shall p rovide an annual 1044
report to the Governor, the President of the Senate, and the 1045
Speaker of the House of Representatives regarding municipal 1046
compliance with this section. 1047
(11)(a) A municipality may not impose a building 1048
moratorium that has the effect of del aying the permitting of 1049
construction of a multifamily project that would otherwise 1050
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qualify for: 1051
1. An affordable housing ad valorem tax exemption under s. 1052
196.1978 or s. 196.1979. 1053
2. Any grant loan or other incentive provided for the 1054
development of affordable housing under chapter 420. 1055
3. Any abatement of development restrictions under 1056
subsection (7). 1057
(b) This subsection does not apply to moratoria imposed to 1058
address stormwater or flood water management, to address the 1059
supply of potable water, or du e to the necessary repair of 1060
sanitary sewer systems, if such moratoria apply equally to all 1061
types of multifamily or mixed -use residential development. 1062
(12) If the owner of an administratively approved proposed 1063
development has acted in reliance on that ap proval, the owner 1064
has a vested right to proceed with development under the 1065
relevant laws, regulations, and ordinances at the time such 1066
rights vested, if the property continues to comply with the 1067
requirements of this section. 1068
Section 5. Section 163.3177 1, Florida Statutes, is amended 1069
to read: 1070
163.31771 Accessory dwelling units. — 1071
(1) The Legislature finds that the median price of homes 1072
in this state has increased steadily over the last decade and at 1073
a greater rate of increase than the median income in many urban 1074
areas. The Legislature finds that the cost of rental housing has 1075
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also increased steadily and the cost often exceeds an amount 1076
that is affordable to extremely -low-income, very-low-income, 1077
low-income, or moderate-income persons and has resulted i n a 1078
critical shortage of affordable rentals in many urban areas in 1079
the state. This shortage of affordable rentals constitutes a 1080
threat to the health, safety, and welfare of the residents of 1081
the state. Therefore, the Legislature finds that it serves an 1082
important public purpose to encourage the permitting of 1083
accessory dwelling units in single -family residential areas in 1084
order to increase the availability of affordable rentals for 1085
extremely-low-income, very-low-income, low-income, or moderate-1086
income persons. 1087
(2) As used in this section, the term: 1088
(a) "Accessory dwelling unit" means an ancillary or 1089
secondary living unit, that has a separate kitchen, bathroom, 1090
and sleeping area, existing either within the same structure, or 1091
on the same lot, as the primary dwe lling unit. The term includes 1092
a manufactured home constructed on or after January 1, 2025, 1093
which meets the National Manufactured Housing Construction and 1094
Safety Standards. 1095
(b) "Affordable rental" means that monthly rent and 1096
utilities do not exceed 30 per cent of that amount which 1097
represents the percentage of the median adjusted gross annual 1098
income for extremely -low-income, very-low-income, low-income, or 1099
moderate-income persons. 1100
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(c) "Department" means the Department of Commerce. 1101
(d)(g) "Extremely-low-income persons" has the same meaning 1102
as in s. 420.0004(9). 1103
(e)(c) "Local government" means a county or municipality. 1104
(f)(d) "Low-income persons" has the same meaning as in s. 1105
420.0004(11). 1106
(g)(e) "Moderate-income persons" has the same meaning as 1107
in s. 420.0004(12). 1108
(h)(f) "Very-low-income persons" has the same meaning as 1109
in s. 420.0004(17). 1110
(3) A local government shall may adopt an ordinance to 1111
allow accessory dwelling units in any area zoned for single -1112
family residential use. A local government may not directly, 1113
unreasonably increase, or in effect unreasonably increase, the 1114
cost to construct, in effect prohibit the construction of, or 1115
extinguish the ability to otherwise construct an accessory 1116
dwelling unit. Such regulation does not include: 1117
(a) Restrictions on the terms of rentals that do not apply 1118
generally to other housing in the same district or zone. 1119
(b) Parking requirements and minimum lot size requirements 1120
that do not apply general to other housing in the same district 1121
or zone, other lot design regulations that unreasonably increase 1122
the cost to construct or unreasonably extinguish the ability to 1123
construct an accessory dwelling unit on a lot. 1124
(c) Discretionary conditional use permit procedures or 1125
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standards that do not apply generally to other housing in the 1126
same district or zone. 1127
(4) An application for a building permit to construct an 1128
accessory dwelling unit must include an affidavit from the 1129
applicant which attests that the unit will be rented at an 1130
affordable rate to an extremely-low-income, very-low-income, 1131
low-income, or moderate-income person or persons. 1132
(4)(5) Each accessory dwelling unit allowed by an 1133
ordinance adopted under this section applies shall apply toward 1134
satisfying the affordable housing component of the housing 1135
element in the local government's comprehensive plan under s. 1136
163.3177(6)(f). 1137
(5) An accessory dwelling unit may not be leased for a 1138
term of less than 1 month. 1139
(6)(a) Beginning October 1, 2025, and by October 1 every 1140
year thereafter, the local government shall submit an annual 1141
report to the department, in a form and manner prescribed by the 1142
department, and post publicly on its website, the following 1143
information for the previous fiscal year: 1144
1. The number of applications to construct new access ory 1145
dwelling units, the number of new accessory dwelling units that 1146
have been approved, and the number of new accessory dwelling 1147
units that have been denied, and the reason for denial. 1148
2. The number of allowable accessory dwelling units 1149
located in the jurisdiction, the number of accessory dwelling 1150
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units, attached or unattached, which are not allowed by an 1151
ordinance, and the number of single -family homes in a zoning 1152
district in which accessory dwelling units are allowed by an 1153
ordinance. 1154
(b) The department may adopt rules to administer and 1155
enforce this subsection. 1156
(7)(a) The owner of property with an accessory dwelling 1157
unit may not be denied a homestead exemption or homestead 1158
property assessment limitation solely on the basis of the 1159
property containing a n accessory dwelling unit which may be 1160
rented. 1161
(b) If the accessory dwelling unit is rented by the 1162
property owner: 1163
1. The assessment of the accessory dwelling unit must be 1164
separated from the homestead property. 1165
2. It may not be construed as an abando nment of the 1166
dwelling previously claimed to be a homestead under s. 196.061, 1167
provided such dwelling is physically occupied by the owner. 1168
(c) If the accessory dwelling unit is not rented by the 1169
property owner, the assessment of the accessory dwelling unit 1170
must be considered part of the homestead property. 1171
Section 6. Paragraphs (n) and (o) of subsection (3) of 1172
section 196.1978, Florida Statutes, are redesignated as 1173
paragraphs (o) and (p), respectively, and a new paragraph (n) is 1174
added to that subsection , to read: 1175
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196.1978 Affordable housing property exemption. — 1176
(3) 1177
(n) Upon the request of a property owner, the property 1178
appraiser must issue a letter to verify that a multifamily 1179
project, if constructed and leased as described in the site 1180
plan, qualifies for the exemption under this section. Within 30 1181
days after receipt of such request, the property appraiser must 1182
issue a verification letter or explain why the project is 1183
ineligible for the exemption. A project that has received a 1184
verification letter bef ore the adoption of the ordinance 1185
described in paragraph (p) is exempt from such ordinance. The 1186
verification letter is prima facie evidence that the project is 1187
eligible for the exemption if the project is constructed and 1188
leased as described in the site pla n used to receive the 1189
verification letter. This letter shall qualify the project, if 1190
constructed and leased as described in the site plan, to obtain 1191
the exemption beginning with the January 1 assessment 1192
immediately after the date on which the property obta ins a 1193
certificate of occupancy and is placed in service allowing the 1194
property to be used as an affordable housing property. 1195
Section 7. Paragraphs (a) and (b) of subsection (1) of 1196
section 196.1979, Florida Statutes, are amended to read: 1197
196.1979 County and municipal affordable housing property 1198
exemption.— 1199
(1)(a) Notwithstanding ss. 196.195 and 196.196, the board 1200
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of county commissioners of a county or the governing body of a 1201
municipality may adopt an ordinance to exempt those portions of 1202
property used to provide affordable housing meeting the 1203
requirements of this section. Such property is considered 1204
property used for a charitable purpose. To be eligible for the 1205
exemption, the portions of property: 1206
1. Must be used to house natural persons or families whose 1207
annual household income: 1208
a. Is greater than 30 percent but not more than 60 percent 1209
of the median annual adjusted gross income for households within 1210
the metropolitan statistical area or, if not within a 1211
metropolitan statistical area, within the cou nty where in which 1212
the person or family resides; or 1213
b. Does not exceed 30 percent of the median annual 1214
adjusted gross income for households within the metropolitan 1215
statistical area or, if not within a metropolitan statistical 1216
area, within the county where in which the person or family 1217
resides.; 1218
2.a. Must be within a multifamily project containing at 1219
least the minimum number of residential units as defined by the 1220
county or municipality that adopts an ordinance under this 1221
section; a county or municipality that adopts an ordinance under 1222
this section may set a minimum residential unit threshold that 1223
deems a property eligible for the exemption for properties that 1224
exceed 15,000 square feet, at a minimum of 5 units not to exceed 1225
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a minimum of 50 residential unit s 50 or more residential units, 1226
at least 20 percent of which are used to provide affordable 1227
housing that meets the requirements of this section ; or 1228
b. Must be an accessory dwelling unit as defined in s. 1229
163.31771(2). 1230
3. Must be rented for an amount no greater than the amount 1231
as specified by the most recent multifamily rental programs 1232
income and rent limit chart posted by the corporation and 1233
derived from the Multifamily Tax Subsidy Projects Income Limits 1234
published by the United States Department of Housi ng and Urban 1235
Development or 90 percent of the fair market value rent as 1236
determined by a rental market study meeting the requirements of 1237
subsection (4), whichever is less .; 1238
4. May not have been cited for code violations on three or 1239
more occasions in the 2 4 months before the submission of a tax 1240
exemption application .; 1241
5. May not have any cited code violations that have not 1242
been properly remedied by the property owner before the 1243
submission of a tax exemption application .; and 1244
6. May not have any unpaid f ines or charges relating to 1245
the cited code violations. Payment of unpaid fines or charges 1246
before a final determination on a property's qualification for 1247
an exemption under this section will not exclude such property 1248
from eligibility if the property otherwi se complies with all 1249
other requirements for the exemption. 1250
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(b) Qualified property may receive an ad valorem property 1251
tax exemption of: 1252
1. Up to 75 percent of the assessed value of each 1253
residential unit used to provide affordable housing if fewer 1254
than 100 percent of the multifamily project's residential units 1255
are used to provide affordable housing meeting the requirements 1256
of this section. 1257
2. Up to 100 percent of the assessed value of each 1258
residential unit used to provide affordable housing if 100 1259
percent of the multifamily project's residential units are used 1260
to provide affordable housing meeting the requirements of this 1261
section. 1262
3. Up to 100 percent of the assessed value of the 1263
accessory dwelling unit if the unit is used to provide 1264
affordable housing meeting the requirements of this section. 1265
Section 8. Subsection (5) of section 333.03, Florida 1266
Statutes, is amended to read: 1267
333.03 Requirement to adopt airport zoning regulations. — 1268
(5) Sections 125.01055(7) and 166.04151(7) do not apply to 1269
any of the following: 1270
(a) A proposed development near a runway within one-1271
quarter of a mile laterally from the runway edge and within an 1272
area that is the width of one -quarter of a mile extending at 1273
right angles from the end of the runway for a distance of 10, 000 1274
feet of any runway for an existing commercial service airport 1275
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runway or planned commercial service airport runway identified 1276
in the local government's airport master plan. As used in this 1277
paragraph, the term "commercial service airport" has the same 1278
meaning as in s. 332.0075(1). 1279
(b) A proposed development within any airport noise zone 1280
identified in the federal land use compatibility table or in a 1281
land-use zoning or airport noise regulation adopted by the local 1282
government for a commercial service air port. 1283
(c) A proposed development that exceeds maximum height 1284
restrictions identified in the political subdivision's airport 1285
zoning regulation for a commercial service airport adopted 1286
pursuant to this section. 1287
Section 9. Paragraph (d) of subsection (1 ) of section 1288
420.50871, Florida Statutes, is amended to read: 1289
420.50871 Allocation of increased revenues derived from 1290
amendments to s. 201.15 made by ch. 2023 -17.—Funds that result 1291
from increased revenues to the State Housing Trust Fund derived 1292
from amendments made to s. 201.15 made by chapter 2023 -17, Laws 1293
of Florida, must be used annually for projects under the State 1294
Apartment Incentive Loan Program under s. 420.5087 as set forth 1295
in this section, notwithstanding ss. 420.507(48) and (50) and 1296
420.5087(1) and (3). The Legislature intends for these funds to 1297
provide for innovative projects that provide affordable and 1298
attainable housing for persons and families working, going to 1299
school, or living in this state. Projects approved under this 1300
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section are intended to provide housing that is affordable as 1301
defined in s. 420.0004, notwithstanding the income limitations 1302
in s. 420.5087(2). Beginning in the 2023 -2024 fiscal year and 1303
annually for 10 years thereafter: 1304
(1) The corporation shall allocate 70 percent of the funds 1305
provided by this section to issue competitive requests for 1306
application for the affordable housing project purposes 1307
specified in this subsection. The corporation shall finance 1308
projects that: 1309
(d) Provide housing near military installations and United 1310
States Department of Veterans Affairs medical centers or 1311
outpatient clinics in this state, with preference given to 1312
projects that incorporate critical services for servicemembers, 1313
their families, and veterans, such as mental health treatment 1314
services, employment services, and assistance with transition 1315
from active-duty service to civilian life. 1316
Section 10. Section 420.5098, Florida Statutes, is created 1317
to read: 1318
420.5098 Public sector and hospital employer -sponsored 1319
housing policy.— 1320
(1) The Legislature finds that it is in the best interest 1321
of this state and this state's economy to provide affordable 1322
housing to residents who are employed by a hospital, a health 1323
care facility, or a governmental entity to attract and maintain 1324
the highest quality labor b y incentivizing such employers to 1325
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sponsor affordable housing opportunities. Section 42(g)(9)(B) of 1326
the Internal Revenue Code provides that a qualified low -income 1327
housing project does not fail to meet the general public use 1328
requirement solely because of occ upancy restrictions or 1329
preferences that favor tenants who are members of a specified 1330
group under a state program or policy that supports housing for 1331
such specified group. Therefore, it is the intent of the 1332
Legislature to establish a policy that supports th e development 1333
of affordable workforce housing for residents who are employed 1334
by a hospital, a health care facility, or a governmental entity. 1335
(2) For purposes of this section, the term: 1336
(a) "Governmental entity" means a state agency, a regional 1337
agency, a county agency, a local agency, a municipal agency, or 1338
any other entity, however styled, that independently exercises 1339
any type of state or local government function, whether 1340
executive, judicial, or legislative; any public school, state 1341
university, or Florida College System institution; or any 1342
special district as defined in s. 189.012. 1343
(b) "Health care facility" has the same meaning as in s. 1344
159.27(16). 1345
(c) "Hospital" means a hospital under chapter 155, a 1346
hospital district created pursuant to chapter 1 89, or a hospital 1347
licensed pursuant to chapter 395, including corporations not for 1348
profit that qualify as charitable under s. 501(c)(3) of the 1349
Internal Revenue Code and for -profit entities. 1350
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(3) It is the policy of this state to support affordable 1351
housing for residents who are employed by a hospital, a health 1352
care facility, or a governmental entity and to allow developers 1353
that receive federal low -income housing tax credits allocated 1354
pursuant to s. 420.5099, local or state funds, or any other 1355
source of funding available to finance the development of 1356
affordable housing to create a preference for housing for such 1357
employees. Such preference must conform to the requirements of 1358
s. 42(g)(9) of the Internal Revenue Code. 1359
(4) The Florida Housing Finance Corporatio n may fund one 1360
housing project per year which will provide affordable housing 1361
in areas of critical housing shortage for essential service and 1362
high-demand career employees through a public -private housing 1363
partnership agreement with public sector, hospital, and health 1364
care facility employers for whom housing shortages are affecting 1365
the recruitment and retention of workers. Public sector, 1366
hospital, and health care facility employers that partner with 1367
developers on such projects shall provide land or other 1368
financial support. 1369
Section 11. Subsection (8) of section 760.22, Florida 1370
Statutes, is amended to read: 1371
760.22 Definitions. —As used in ss. 760.20 -760.37, the 1372
term: 1373
(8) "Person" includes one or more individuals, 1374
corporations, partnerships, associations, labor organizations, 1375
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legal representatives, mutual companies, joint -stock companies, 1376
trusts, unincorporated organizations, trustees, trustees in 1377
bankruptcy, receivers, and fiduciaries , and any other legal or 1378
commercial entity; the state; or any governmenta l entity or 1379
agency. 1380
Section 12. Section 760.26, Florida Statutes, is amended 1381
to read: 1382
760.26 Prohibited discrimination in land use decisions and 1383
in permitting of development. —It is unlawful to discriminate in 1384
land use decisions or in the permitting o f development based on 1385
race, color, national origin, sex, disability, familial status, 1386
religion, or, except as otherwise provided by law, the source of 1387
financing of a development or proposed development or based on 1388
the development or proposed development b eing affordable housing 1389
as defined under s. 420.0004(3) . 1390
Section 13. It is the intent of the Legislature that the 1391
amendment to s. 760.26, Florida Statutes, is remedial and 1392
clarifying in nature, and shall apply retroactively for any 1393
causes of action fil ed on or before the effective date of the 1394
passage of this act. 1395
Section 14. Subsection (4) of section 760.35, Florida 1396
Statutes, is amended to read: 1397
760.35 Civil actions and relief; administrative 1398
procedures.— 1399
(4) If the court finds that a person has committed a 1400
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discriminatory housing practice has occurred, it shall issue an 1401
order prohibiting the practice and providing affirmative relief 1402
from the effects of the practice, including injunctive and other 1403
equitable relief, actual and punitive damages, and reasonable 1404
attorney fees and costs. In accordance with s. 13, Art. X of the 1405
State Constitution, the state, for itself and its agencies or 1406
political subdivisions, waives sovereign immunity for causes of 1407
action based on the application of this section. 1408
Section 15. Subsection (12) of section 1001.43, Florida 1409
Statutes, is amended to read: 1410
1001.43 Supplemental powers and duties of district school 1411
board.—The district school board may exercise the following 1412
supplemental powers and duties as authorized by th is code or 1413
State Board of Education rule. 1414
(12) AFFORDABLE HOUSING. —Notwithstanding any other 1415
provision of this section to the contrary, each a district 1416
school board shall: 1417
(a) may Use portions of school sites purchased within the 1418
guidelines of the Stat e Requirements for Educational Facilities, 1419
land deemed not usable for educational purposes because of 1420
location or other factors, or land declared as surplus by the 1421
board to provide sites for affordable housing for teachers and 1422
other district personnel and, in areas of critical state 1423
concern, for other essential services personnel as defined by 1424
local affordable housing eligibility requirements, independently 1425
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CODING: Words stricken are deletions; words underlined are additions.
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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
or in conjunction with other agencies as described in subsection 1426
(5). 1427
(b) Adopt best practices for surplus land programs, 1428
including, but not limited to: 1429
1. Establishing eligibility criteria for the receipt or 1430
purchase of surplus land by developers. 1431
2. Making the process for requesting surplus lands 1432
publicly available. 1433
3. Ensuring long-term affordability through ground leases 1434
by retaining the right of first refusal to purchase property 1435
that would be sold or offered at market rate and by requiring 1436
reversion of property not used for affordable housing within a 1437
certain timeframe. 1438
1439
Each district school board's most recent and all future 1440
educational plan surveys conducted pursuant to s. 235.15 shall 1441
be updated to include an inventory list of such surplus lands. 1442
Section 16. This act shall take effect July 1, 2025. 1443