Florida 2025 Regular Session

Florida House Bill H1131 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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3	3	HB 1131 2025
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7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb1131-00
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10	10	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
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14	14	A bill to be entitled 1
15	15	An act relating to the affordable housing and 2
16	16	supportive services for persons with developmental 3
17	17	disabilities; providing a short title; creating s. 4
18	18	420.629, F.S.; providing legislative findings and 5
19	19	intent; providing definitions; providing an exemption 6
20	20	from ad valorem taxation for certain property; 7
21	21	providing a vested right to such exemption for a 8
22	22	specified time period; providing that certain building 9
23	23	materials are exempt from certain taxes under certain 10
24	24	circumstances; providing application requirements for 11
25	25	a tax refund; requiring an application to be submitted 12
26	26	within a certain timeframe; providing limitations on 13
27	27	the amount of a tax refund; requiring the Department 14
28	28	of Revenue (DOR) to issue a refund within a certain 15
29	29	time period; authorizing DOR to adopt rules; providing 16
30	30	applicability; requiring counties, municipalities, and 17
31	31	special districts to waive certain impact fees; 18
32	32	authorizing eligible businesses to apply to the 19
33	33	Department of Commerce (DOC) for a specified tax 20
34	34	credit; providing requirements for and the am ount of 21
35	35	such tax credit; providing eligibility requirements; 22
36	36	requiring eligible businesses to file a specified 23
37	37	statement with DOC; requiring DOC to review and 24
38	38	approve applications; specifying that applications 25
39	39
40	40	HB 1131 2025
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47	47	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
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49	49
50	50
51	51	must be considered in the order in which they are 26
52	52	received; limiting the amount of tax credit an 27
53	53	eligible business may have per year; authorizing an 28
54	54	eligible business to reapply for a credit within a 29
55	55	certain timeframe after being denied; authorizing 30
56	56	excess tax credit amounts to be taken in a specified 31
57	57	manner; providing criminal penalties; limiting a 32
58	58	corporation to taking a credit against one tax; 33
59	59	authorizing and providing a cap for a specified tax 34
60	60	refund on the amount of electricity paid by certain 35
61	61	businesses; authorizing DOR to adopt rules; 36
62	62	authorizing certain businesses to apply for specified 37
63	63	grants; providing requirements to the Florida Housing 38
64	64	Finance Corporation; requiring the Department of 39
65	65	Children and Families to establish a Tenant -Based 40
66	66	Rental Assistance Program to provide rent subsidies to 41
67	67	certain persons up to a specified percentage of the 42
68	68	fair market rent; requiring the Agency for Persons 43
69	69	with Disabilities (APD) to administer funding for 44
70	70	certain services; requiring APD to establish Regional 45
71	71	Housing and Employment Support Centers to provide 46
72	72	specified services; requiring the Department of 47
73	73	Education to expand vocational training programs for 48
74	74	certain persons; requiring the Department of 49
75	75	Transportation (DOT) to establish a program to provide 50
76	76
77	77	HB 1131 2025
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84	84	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
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86	86
87	87
88	88	transportation vouchers to certain persons; requiring 51
89	89	DOT to prioritize certain state funding; requiring DOC 52
90	90	to conduct an annual compliance audit for a specified 53
91	91	purpose; providing penalties for noncompliance; 54
92	92	requiring the Florida Housing Finance Corporation, in 55
93	93	coordination with other entities, to submit a 56
94	94	specified report to the Governor and Legislature 57
95	95	annually; providing sources of funding; providing an 58
96	96	appropriation; providing an effective date. 59
97	97	60
98	98	Be It Enacted by the Legislature of the State of Florida: 61
99	99	62
100	100	Section 1. This act may be cited as the "Affo rdable 63
101	101	Housing and Supportive Services Act for Persons with 64
102	102	Developmental Disabilities." 65
103	103	Section 2. Section 420.629, Florida Statutes, is created 66
104	104	to read: 67
105	105	420.629 Affordable Housing and Supportive Services Act for 68
106	106	Persons with Developmental Disabilit ies.— 69
107	107	(1) LEGISLATIVE FINDINGS AND INTENT. — 70
108	108	(a) The Legislature finds that persons with developmental 71
109	109	disabilities face significant barriers to securing stable, 72
110	110	affordable housing and accessing necessary support services for 73
111	111	independent living. 74
112	112	(b) The Legislature finds that rising housing costs in 75
113	113
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121	121	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
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123	123
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125	125	this state have disproportionately affected persons with 76
126	126	developmental disabilities, many of whom live on a fixed income 77
127	127	and face limited employment options. The Legislature also finds 78
128	128	that institutional ca re for persons with developmental 79
129	129	disabilities is significantly higher in this state than 80
130	130	community-based living arrangements with an appropriate support 81
131	131	system. 82
132	132	(c) The Legislature intends to incentivize the development 83
133	133	of affordable, accessible housing for persons with developmental 84
134	134	disabilities and to expand access to rental assistance and 85
135	135	wraparound services to ensure persons with developmental 86
136	136	disabilities are independent and included in the community. 87
137	137	(2) DEFINITIONS.— 88
138	138	(a) "Building materials" m eans tangible personal property 89
139	139	that becomes a component part of an eligible development. The 90
140	140	term includes appliances but does not include plants, 91
141	141	landscaping, fencing, and hardscaping. 92
142	142	(b) "Eligible applicant" means a person with a 93
143	143	developmental disabi lity or a person with special needs, as 94
144	144	defined in s. 420.0004, who are very -low-income persons, low-95
145	145	income persons, or moderate -income persons. 96
146	146	(c) "Eligible business" means any sole proprietorship, 97
147	147	firm, partnership, or corporation in which a majority of the 98
148	148	business's workforce are qualified employees. 99
149	149	(d) "Eligible development" means a residential housing 100
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158	158	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
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160	160
161	161
162	162	project in which at least 20 percent of the eligible residential 101
163	163	units are reserved for persons with developmental disabilities 102
164	164	and meet accessibility standards under the Americans with 103
165	165	Disabilities Act. 104
166	166	(e) "Eligible residential units" means newly constructed 105
167	167	units within an eligible development which are restricted under 106
168	168	a land use restriction agreement. 107
169	169	(f) "Newly constructed" means improvements to real 108
170	170	property which did not previously exist or the construction of a 109
171	171	new improvement where an old improvement was removed. The term 110
172	172	does not include the renovation, restoration, rehabilitation, 111
173	173	modification, alteration, or expansion of bui ldings already 112
174	174	located on the parcel on which the eligible residential unit is 113
175	175	built. 114
176	176	(g) "Person with developmental disabilities" means a 115
177	177	person who has a disorder or syndrome that is attributable to 116
178	178	intellectual disability, cerebral palsy, autism, spin a bifida, 117
179	179	Down syndrome, Phelan -McDermid syndrome, or Prader -Willi 118
180	180	syndrome; that manifests before the age of 18; and that 119
181	181	constitutes a substantial handicap that can reasonably be 120
182	182	expected to continue indefinitely. 121
183	183	(h) "Qualified developer" means an ent ity that constructs, 122
184	184	makes improvements to, or manages an eligible development and 123
185	185	complies with the requirements of this section. 124
186	186	(i) "Qualified employee" means a person with developmental 125
187	187
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195	195	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
196	196
197	197
198	198
199	199	disabilities who is an employee of an eligible business who 126
200	200	performs duties in connection with the operations of the 127
201	201	business on a regular, full -time basis for an average of at 128
202	202	least 36 hours per week for at least 3 months. The term also 129
203	203	includes an employee leased from an employee leasing company 130
204	204	licensed under chapte r 468, if such employee has been 131
205	205	continuously leased to the employer for an average of at least 132
206	206	36 hours per week for more than 6 months. An owner or partner of 133
207	207	the eligible business is not a qualified employee. 134
208	208	(3) INCENTIVES.— 135
209	209	(a) Property in an elig ible development is considered 136
210	210	property owned by an exempt entity and used for a charitable 137
211	211	purpose. Those portions of the property that provide housing to 138
212	212	persons with developmental disabilities are exempt from ad 139
213	213	valorem taxation beginning with the Janua ry 1 assessment 140
214	214	immediately succeeding the date the property was placed in 141
215	215	service, allowing the property to be used as an eligible 142
216	216	development that provides housing to persons with developmental 143
217	217	disabilities. Once such exemption from ad valorem taxation i s 144
218	218	given, the right to such exemption shall vest for 99 years as 145
219	219	long as the eligible development continues to meet the 146
220	220	requirements of this section. 147
221	221	(b)1. Building materials used in eligible residential 148
222	222	units are exempt from the tax imposed by chapter 21 2 if the 149
223	223	qualified developer demonstrates to the satisfaction of the 150
224	224
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232	232	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
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234	234
235	235
236	236	Department of Revenue that the requirements of this paragraph 151
237	237	have been met. This exemption inures to the qualified developer 152
238	238	at the time an eligible residential unit is substantially 153
239	239	completed, but only through a refund of previously paid taxes. 154
240	240	To receive a refund pursuant to this paragraph, the qualified 155
241	241	developer of the eligible residential units must file an 156
242	242	application with the Department of Revenue. The application must 157
243	243	include all of the following: 158
244	244	a. The name and address of the person claiming the refund. 159
245	245	b. An address and assessment roll parcel number of the 160
246	246	real property that was improved for which a refund of previously 161
247	247	paid taxes is being sought. 162
248	248	c. A description of the e ligible residential units for 163
249	249	which a refund of previously paid taxes is being sought, 164
250	250	including the number of such units. 165
251	251	d. A copy of a valid building permit issued by the county 166
252	252	or municipal building department for the eligible residential 167
253	253	units. 168
254	254	e. A sworn statement, under penalty of perjury, from the 169
255	255	general contractor licensed in this state with whom the 170
256	256	qualified developer contracted to build the eligible residential 171
257	257	units which specifies the building materials, the actual cost of 172
258	258	the building materials, and the amount of sales tax paid in this 173
259	259	state on the building materials, and which states that the 174
260	260	improvement to the real property was newly constructed. If a 175
261	261
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269	269	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
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271	271
272	272
273	273	general contractor was not used, the qualified developer must 176
274	274	make the sworn statement required by this sub -subparagraph. 177
275	275	Copies of the invoices evidencing the actual cost of the 178
276	276	building materials and the amount of sales tax paid on such 179
277	277	building materials must be attached to the sworn statement 180
278	278	provided by the general contractor or by the qualified 181
279	279	developer. If copies of such invoices are not attached, the cost 182
280	280	of the building materials is deemed to be an amount equal to 40 183
281	281	percent of the increase in the final assessed value of the 184
282	282	eligible residential units for ad valorem tax purposes le ss the 185
283	283	most recent assessed value of land for the units. 186
284	284	f. A certification by the local building code inspector 187
285	285	that the eligible residential unit is substantially completed. 188
286	286	g. A copy of the land use restriction agreement with the 189
287	287	Florida Housing Finance Corporation for the eligible residential 190
288	288	units. 191
289	289	2. The person seeking a refund must apply for such refund 192
290	290	to the Department of Revenue within 6 months after the eligible 193
291	291	residential unit is deemed to be substantially completed by the 194
292	292	local building code inspector or by November 1 after the 195
293	293	improved property is first subject to assessment. 196
294	294	3. Only one exemption through a refund of previously paid 197
295	295	taxes may be claimed for any eligible residential unit. A refund 198
296	296	may not be granted unless the amount to be refunded exceeds 199
297	297	$500. A refund may not exceed the lesser of $5,000 or 97.5 200
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306	306	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
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309	309
310	310	percent of the Florida sales or use tax paid on the cost of 201
311	311	building materials as determined pursuant to sub -subparagraph 202
312	312	1.e. The Department of Revenue shall issue a refund wi thin 30 203
313	313	days after it formally approves a refund application. 204
314	314	4. The department may adopt rules governing the manner and 205
315	315	format of refund applications and may establish guidelines as to 206
316	316	the requisites for an affirmative showing of qualification for 207
317	317	exemption under this paragraph. 208
318	318	5. The exemption under this paragraph applies to sales of 209
319	319	building materials that occur on or after July 1, 2025. 210
320	320	(c) Pursuant to s. 163.31801(11), a county, municipality, 211
321	321	or special district shall provide an exception or wai ver for any 212
322	322	noneducational impact fees for the development or construction 213
323	323	of eligible residential units that are located in an eligible 214
324	324	development. 215
325	325	(d)1. A new eligible business may apply to the Department 216
326	326	of Commerce for a tax credit under this paragr aph once at any 217
327	327	time during its first year of operation. A new eligible business 218
328	328	that has at least 10 qualified employees on the date of 219
329	329	application shall receive a $5,000 tax credit for each such 220
330	330	employee. 221
331	331	2. An existing eligible business may apply for a tax 222
332	332	credit under this paragraph at any time it is entitled to such 223
333	333	credit, except as restricted by this paragraph. An existing 224
334	334	eligible business with fewer than 50 employees that on the date 225
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343	343	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
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347	347	of application has at least 20 percent more qualified employees 226
348	348	than it had 1 year before its date of application shall receive 227
349	349	a $5,000 tax credit for each such additional employee. An 228
350	350	existing eligible business that has 50 employees or more that, 229
351	351	on the date of application, has at least 10 more qualified 230
352	352	employees than it had 1 year before its date of application 231
353	353	shall receive a $5,000 tax credit for each additional employee. 232
354	354	Any existing eligible business that received a credit under 233
355	355	subparagraph 1. may not apply for the credit under this 234
356	356	subparagraph sooner than 12 months after the application date 235
357	357	for the credit under subparagraph 1. 236
358	358	3. To be eligible for a tax credit under subparagraph 2., 237
359	359	the number of qualified employees employed 1 year before the 238
360	360	application date must be no lower than the number of qualified 239
361	361	employees on the application date on which a credit under this 240
362	362	paragraph was based for any previous application, including an 241
363	363	application under subparagraph 1. 242
364	364	4. In order to claim this credit, an eligible business 243
365	365	must file under oath with the Departmen t of Commerce a statement 244
366	366	that includes the name and address of the eligible business, the 245
367	367	starting salary or hourly wages paid to the new employee, and 246
368	368	any other information that the Department of Revenue requires. 247
369	369	5. Pursuant to the incentive review pr ocess under s. 248
370	370	288.061, the Department of Commerce shall review the application 249
371	371	to determine whether it meets the criteria set out in this 250
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380	380	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
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382	382
383	383
384	384	paragraph. Subject to subparagraph 7., the Department of 251
385	385	Commerce shall approve all applications that meet the criter ia 252
386	386	set out in this paragraph as eligible to receive a credit. 253
387	387	6. Applications must be considered for approval in the 254
388	388	order in which they are received without regard to whether the 255
389	389	credit is for a new or existing business. This limitation 256
390	390	applies to the value of the credit as contained in approved 257
391	391	applications. Approved credits may be taken in the time and 258
392	392	manner allowed pursuant to this paragraph. 259
393	393	7. A business may not receive more than $500,000 of tax 260
394	394	credits under this paragraph during any 1 calendar year. 261
395	395	8. If the application is insufficient to support the 262
396	396	credit authorized in this paragraph, the Department of Commerce 263
397	397	shall deny the credit and notify the business of that fact. The 264
398	398	business may reapply for this credit within 3 months after such 265
399	399	notification. 266
400	400	9. If the credit under this section is greater than can be 267
401	401	taken on a single tax return, excess amounts may be taken as 268
402	402	credits on any tax return submitted within 12 months after the 269
403	403	approval of the application by the Department of Commerce. 270
404	404	10. It is the responsibility of each eligible business to 271
405	405	affirmatively demonstrate to the satisfaction of the Department 272
406	406	of Revenue that it meets the requirements of this paragraph. 273
407	407	11. Any person who fraudulently claims this credit is 274
408	408	liable for repayment of the credit plus a mandatory penalty of 275
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417	417	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
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421	421	100 percent of the credit and is guilty of a misdemeanor of the 276
422	422	second degree, punishable as provided in s. 775.082 or s. 277
423	423	775.083. 278
424	424	12. A corporation may take the credit under this section 279
425	425	against its corporate income tax liability, as provided in s. 280
426	426	220.1895. However, a corporation that uses its job tax credit 281
427	427	against the tax imposed by chapter 220 may not receive the 282
428	428	credit provided for i n this paragraph. A credit may be taken 283
429	429	against only one tax. 284
430	430	13. A new or existing eligible business that receives a 285
431	431	tax credit under subparagraph 1. or subparagraph 2. is eligible 286
432	432	for a tax refund of up to 50 percent of the amount of sales tax 287
433	433	on purchases of electricity paid by the business during the 1 -288
434	434	year period after the date the credit is received. The total 289
435	435	amount of tax refunds approved pursuant to this subparagraph may 290
436	436	not exceed $600,000 during any calendar year. The Department of 291
437	437	Revenue may adopt rules to administer this subparagraph. 292
438	438	14. A new or existing eligible business may apply for 293
439	439	grants to make modifications to the workplace so that it is more 294
440	440	accessible for and to provide on -the-job training programs to 295
441	441	qualified employees. 296
442	442	(4) FLORIDA HOUSING FINANCE CORPORATION. —The Florida 297
443	443	Housing Finance Corporation shall: 298
444	444	(a) Prioritize funding under the State Apartment Incentive 299
445	445	Loan Program to provide funding for the development of newly 300
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454	454	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
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457	457
458	458	constructed permanent rental housing that provides eligible 301
459	459	residential units for eligible applicants. Such housing must 302
460	460	promote and facilitate access to community -based supportive, 303
461	461	educational, and employment services and resources to assist 304
462	462	eligible applicants to successfully transition to independent 305
463	463	living. The corporation shall consult with the Department of 306
464	464	Children and Families to create minimum criteria for such 307
465	465	housing. 308
466	466	(b) Establish a State Loan Insurance Program to provide 309
467	467	loan guarantees for qualified developers who construct housing 310
468	468	specifically for eligible applicants. A qualified developer is 311
469	469	eligible for low-interest financing through state -backed loan 312
470	470	programs as long as the eligible residential units maintain the 313
471	471	affordability and accessibility requirements of this section for 314
472	472	a minimum of 30 years. 315
473	473	(c) Allocate at least 10 percent of annual affordable 316
474	474	housing funds toward project -based rental assistance for 317
475	475	eligible developments. Qualified developers who receive project -318
476	476	based rental assistance must agree to maintain the affordability 319
477	477	and accessibility requirements of this section for a minimum of 320
478	478	30 years. 321
479	479	(5) TENANT-BASED RENTAL ASSISTANCE PROGRAM. —The Department 322
480	480	of Children and Families shall establish a Tenant -Based Rental 323
481	481	Assistance Program to provide rental subsidies for persons w ith 324
482	482	developmental disabilities who meet the requirements for 325
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491	491	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
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495	495	affordable housing. Rental subsidies provided under this program 326
496	496	shall cover up to 50 percent of the fair market rent for 327
497	497	eligible applicants. 328
498	498	(6) WRAPAROUND SERVICES TO SUPPORT INDEPENDENT LIV ING.— 329
499	499	(a) The Agency for Persons with Disabilities shall 330
500	500	administer funding to support housing transition services, 331
501	501	including all of the following: 332
502	502	1. Security deposits and move -in assistance for persons 333
503	503	with developmental disabilities. 334
504	504	2. Support services such as financial literacy training 335
505	505	and housing navigation assistance. 336
506	506	3. Home modifications and assistive technology grants to 337
507	507	enhance accessibility in rental units. 338
508	508	(b)1. The Agency for Persons with Disabilities shall 339
509	509	establish Regional Housin g and Employment Support Centers to 340
510	510	provide all of the following: 341
511	511	a. Comprehensive case management services to assist 342
512	512	persons with developmental disabilities in securing and 343
513	513	maintaining housing. 344
514	514	b. Financial literacy and budgeting assistance to help 345
515	515	persons with developmental disabilities manage rental payments 346
516	516	and employment income. 347
517	517	c. Mental health and crisis intervention services to 348
518	518	ensure housing stability and to prevent homelessness. 349
519	519	2. A Regional Housing and Employment Support Center must 350
520	520
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528	528	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
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532	532	be staffed by trained persons who have experience with the 351
533	533	provision of housing for persons with developmental 352
534	534	disabilities, employment opportunities for persons with 353
535	535	developmental disabilities, or available benefits for persons 354
536	536	with developmental disabilities . 355
537	537	(c) The Department of Education shall expand vocational 356
538	538	training programs in partnership with Florida College System 357
539	539	institutions, vocational schools, and technical schools to 358
540	540	provide job readiness and skills training for persons with 359
541	541	developmental disabilities. 360
542	542	(d) The Department of Transportation shall establish a 361
543	543	subsidized transportation program to provide vouchers for 362
544	544	accessible public transit, paratransit services, and rideshare 363
545	545	programs to persons with developmental disabilities to assist 364
546	546	such persons with their commute to work, medical appointments, 365
547	547	and other daily living activities. The Department of 366
548	548	Transportation shall prioritize state funding for local transit 367
549	549	authorities that expand accessible transportation routes in 368
550	550	areas with a high con centration of persons with developmental 369
551	551	disabilities. 370
552	552	(7) COMPLIANCE; ENFORCEMENT; REPORTING. — 371
553	553	(a) The Department of Commerce shall conduct an annual 372
554	554	compliance audit of each eligible business and qualified 373
555	555	developer participating in this act. At a mi nimum, the 374
556	556	department shall ensure that affordability and accessibility 375
557	557
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569	569	requirements are being maintained and that such businesses and 376
570	570	developers continue to comply with the requirements of this 377
571	571	section. 378
572	572	(b) Eligible businesses and qualified developers t hat are 379
573	573	found to be noncompliant with this section are subject to 380
574	574	penalties as determined by the department, which at a minimum 381
575	575	must include the repayment of any incentive or credit awarded to 382
576	576	such business or developer. Additionally, a noncompliant 383
577	577	eligible business or qualified developer is disqualified from 384
578	578	applying for or benefiting from any of the incentives, credits, 385
579	579	or funding provided in this act in the future. 386
580	580	(c) The Florida Housing Finance Corporation, in 387
581	581	coordination with the Agency for Person s with Disabilities and 388
582	582	the Department of Commerce, shall submit to the Governor, the 389
583	583	President of the Senate, and the Speaker of the House of 390
584	584	Representatives an annual report that, at a minimum, includes 391
585	585	all of the following information: 392
586	586	1. The number of eligible developments and affordable 393
587	587	eligible residential units developed under this act. 394
588	588	2. The number of persons with disabilities receiving 395
589	589	rental assistance under this act. 396
590	590	3. The number of persons with disabilities who received 397
591	591	assistance from a Regional Housing and Employment Support Center 398
592	592	and the employment outcomes for such persons. 399
593	593	4. The cost savings achieved through community -based 400
594	594
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606	606	housing compared to institutional care. 401
607	607	(8) FUNDING.—Implementation of this act shall be subject 402
608	608	to the allocation of a specific appropriations in the General 403
609	609	Appropriations Act. In addition to a specific appropriation, the 404
610	610	Department of Commerce, the Agency for Persons with 405
611	611	Disabilities, the Department of Children and Families, and the 406
612	612	Florida Housing Finan ce Corporation may use funds from any of 407
613	613	the following sources to implement this act: 408
614	614	(a) Federal grants. 409
615	615	(b) Medicaid waiver funds. 410
616	616	(c) Public-private partnerships and philanthropic 411
617	617	contributions. 412
618	618	(d) The Florida Housing Trust Fund. 413
619	619	Section 3. For the 2025-2026 fiscal year, the sum of $1 414
620	620	million in recurring funds from the General Revenue Fund is 415
621	621	appropriated to the Department of Commerce for the purpose of 416
622	622	implementing this act. 417
623	623	Section 4. This act shall take effect July 1, 2025. 418