Bill Text: FL S0328 | 2024 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Affordable Housing

Spectrum:

Status: (Passed) 2024-05-17 - Chapter No. 2024-188, companion bill(s) passed, see CS/HB 7073 (Ch. 2024-158) [S0328 Detail]

Download: Florida-2024-S0328-Introduced.html

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       Florida Senate - 2024                                     SB 328
       
       
        
       By Senator Calatayud
       
       
       
       
       
       38-01638C-24                                           2024328__
    1                        A bill to be entitled                      
    2         An act relating to development; amending ss. 125.01055
    3         and 166.04151, F.S.; deleting a provision related to
    4         the authorization of multifamily and mixed-use
    5         residential development uses in any area zoned for
    6         industrial use; prohibiting counties and
    7         municipalities, respectively, from restricting the
    8         floor area ratio of certain proposed developments
    9         under certain circumstances; providing that the
   10         density or floor area ratio of certain developments,
   11         bonuses, variances, or other special exceptions are
   12         not included in the calculation of the currently
   13         allowed density or floor area ratio by counties and
   14         municipalities, respectively; revising prohibitions
   15         relating to counties’ and municipalities’ restrictions
   16         of the height of certain proposed developments,
   17         respectively; authorizing counties and municipalities,
   18         respectively, to restrict the height of proposed
   19         developments under certain circumstances; providing
   20         that certain factors may not be taken into account in
   21         the calculation of the currently allowed height;
   22         prohibiting the administrative approval by counties
   23         and municipalities, respectively, of a proposed
   24         development within a specified proximity to a military
   25         installation; making technical changes; revising
   26         applicability; authorizing specified developments to
   27         be treated as a conforming use; amending s. 196.1978,
   28         F.S.; revising the definition of the term “newly
   29         constructed”; defining the term “substantial
   30         rehabilitation”; revising conditions for when
   31         multifamily projects are considered property used for
   32         a charitable purpose and are eligible to receive an ad
   33         valorem property tax exemption; making technical
   34         changes; requiring property appraisers to make certain
   35         exemptions from ad valorem property taxes; providing
   36         the method for determining the value of a unit for
   37         certain purposes; requiring property appraisers to
   38         review certain applications and make certain
   39         determinations; authorizing property appraisers to
   40         request and review additional information; authorizing
   41         property appraisers to grant exemptions only under
   42         certain conditions; revising requirements for property
   43         owners seeking a certification notice from the Florida
   44         Housing Finance Corporation; providing that a certain
   45         determination by the corporation does not constitute
   46         an exemption; specifying requirements for a market
   47         value analysis; conforming provisions to changes made
   48         by the act; providing for retroactive application;
   49         amending s. 333.03, F.S.; excluding certain proposed
   50         developments from specified airport zoning provisions;
   51         amending s. 420.5096, F.S.; making technical changes;
   52         providing an appropriation; providing an effective
   53         date.
   54          
   55  Be It Enacted by the Legislature of the State of Florida:
   56  
   57         Section 1. Paragraphs (a) through (d), (f), and (h) of
   58  subsection (7) of section 125.01055, Florida Statutes, are
   59  amended, and subsection (8) is added to that section, to read:
   60         125.01055 Affordable housing.—
   61         (7)(a) A county must authorize multifamily and mixed-use
   62  residential as allowable uses in any area zoned for commercial,
   63  industrial, or mixed use if at least 40 percent of the
   64  residential units in a proposed multifamily rental development
   65  are, for a period of at least 30 years, affordable as defined in
   66  s. 420.0004. Notwithstanding any other law, local ordinance, or
   67  regulation to the contrary, a county may not require a proposed
   68  multifamily development to obtain a zoning or land use change,
   69  special exception, conditional use approval, variance, or
   70  comprehensive plan amendment for the building height, zoning,
   71  and densities authorized under this subsection. For mixed-use
   72  residential projects, at least 65 percent of the total square
   73  footage must be used for residential purposes.
   74         (b) A county may not restrict the density or floor area
   75  ratio of a proposed development authorized under this subsection
   76  below the highest currently allowed density or floor area ratio
   77  on any unincorporated land in the county where residential
   78  development is allowed under the county’s land development
   79  regulations. The currently allowed density or floor area ratio
   80  does not include the density or floor area ratio of any
   81  development that meets the requirements of this subsection or
   82  any bonuses, variances, or other special exceptions for density
   83  or floor area ratio provided in the county’s land development
   84  regulations as incentives for development.
   85         (c) A county may not restrict the height of a proposed
   86  development authorized under this subsection below the highest
   87  currently allowed height for a commercial or residential
   88  building development located in its jurisdiction within one
   89  quarter 1 mile of the proposed development or 3 stories,
   90  whichever is higher. If the height of each building on property
   91  adjacent to the proposed development is 3 stories or less, the
   92  county may restrict the height of the proposed development to
   93  125 percent of the tallest building on property adjacent to the
   94  proposed development or 3 stories, whichever is higher. The
   95  currently allowed height does not include the height of any
   96  development that meets the requirements of this subsection or
   97  any bonuses, variances, or other special exceptions for height
   98  provided in the county’s land development regulations as
   99  incentives for development.
  100         (d) A proposed development authorized under this subsection
  101  must be administratively approved and no further action by the
  102  board of county commissioners is required if the development
  103  satisfies the county’s land development regulations for
  104  multifamily developments in areas zoned for such use and is
  105  otherwise consistent with the comprehensive plan, with the
  106  exception of provisions establishing allowable densities,
  107  height, and land use. Such land development regulations include,
  108  but are not limited to, regulations relating to setbacks and
  109  parking requirements. A proposed development located within one
  110  quarter mile of a military installation identified in s.
  111  163.3175(2) may not be administratively approved.
  112         (f) For proposed multifamily developments in an
  113  unincorporated area zoned for commercial or industrial use which
  114  is within the boundaries of a multicounty independent special
  115  district that was created to provide municipal services and is
  116  not authorized to levy ad valorem taxes, and less than 20
  117  percent of the land area within such district is designated for
  118  commercial or industrial use, a county must authorize, as
  119  provided in this subsection, such development only if the
  120  development is mixed-use residential.
  121         (h) This subsection does not apply to airport-impacted
  122  areas as provided in s. 333.03 property defined as recreational
  123  and commercial working waterfront in s. 342.201(2)(b) in any
  124  area zoned as industrial.
  125         (8) Any development authorized under paragraph (7)(a) must
  126  be treated as a conforming use even after the expiration of
  127  subsection (7) and the development’s affordability period as
  128  provided in paragraph (7)(a), notwithstanding the county’s
  129  comprehensive plan, future land use designation, or zoning. If
  130  at any point during the development’s affordability period the
  131  development violates the affordability period requirement
  132  provided in paragraph (7)(a), the development must be allowed a
  133  reasonable time to cure such violation. If the violation is not
  134  cured within a reasonable time, the development must be treated
  135  as a nonconforming use.
  136         Section 2. Paragraphs (a) through (d), (f), and (h) of
  137  subsection (7) of section 166.04151, Florida Statutes, are
  138  amended, and subsection (8) is added to that section, to read:
  139         166.04151 Affordable housing.—
  140         (7)(a) A municipality must authorize multifamily and mixed
  141  use residential as allowable uses in any area zoned for
  142  commercial, industrial, or mixed use if at least 40 percent of
  143  the residential units in a proposed multifamily rental
  144  development are, for a period of at least 30 years, affordable
  145  as defined in s. 420.0004. Notwithstanding any other law, local
  146  ordinance, or regulation to the contrary, a municipality may not
  147  require a proposed multifamily development to obtain a zoning or
  148  land use change, special exception, conditional use approval,
  149  variance, or comprehensive plan amendment for the building
  150  height, zoning, and densities authorized under this subsection.
  151  For mixed-use residential projects, at least 65 percent of the
  152  total square footage must be used for residential purposes.
  153         (b) A municipality may not restrict the density or floor
  154  area ratio of a proposed development authorized under this
  155  subsection below the highest currently allowed density or floor
  156  area ratio on any land in the municipality where residential
  157  development is allowed under the municipality’s land development
  158  regulations. The currently allowed density or floor area ratio
  159  does not include the density or floor area ratio of any
  160  development that meets the requirements of this subsection or
  161  any bonuses, variances, or other special exceptions for density
  162  or floor area ratio provided in the municipality’s land
  163  development regulations as incentives for development.
  164         (c) A municipality may not restrict the height of a
  165  proposed development authorized under this subsection below the
  166  highest currently allowed height for a commercial or residential
  167  building development located in its jurisdiction within one
  168  quarter mile 1 mile of the proposed development or 3 stories,
  169  whichever is higher. If the height of each building on property
  170  adjacent to the proposed development is 3 stories or less, the
  171  municipality may restrict the height to 125 percent of the
  172  tallest building on property adjacent to the proposed
  173  development or 3 stories, whichever is higher. The currently
  174  allowed height does not include the height of any development
  175  that meets the requirements of this subsection or any bonuses,
  176  variances, or other special exceptions for height provided in
  177  the municipality’s land development regulations as incentives
  178  for development.
  179         (d) A proposed development authorized under this subsection
  180  must be administratively approved and no further action by the
  181  governing body of the municipality is required if the
  182  development satisfies the municipality’s land development
  183  regulations for multifamily developments in areas zoned for such
  184  use and is otherwise consistent with the comprehensive plan,
  185  with the exception of provisions establishing allowable
  186  densities, height, and land use. Such land development
  187  regulations include, but are not limited to, regulations
  188  relating to setbacks and parking requirements. A proposed
  189  development located within one-quarter mile of a military
  190  installation identified in s. 163.3175(2) may not be
  191  administratively approved.
  192         (f) A municipality that designates less than 20 percent of
  193  the land area within its jurisdiction for commercial or
  194  industrial use must authorize a proposed multifamily development
  195  as provided in this subsection in areas zoned for commercial or
  196  industrial use only if the proposed multifamily development is
  197  mixed-use residential.
  198         (h) This subsection does not apply to airport-impacted
  199  areas as provided in s. 333.03 property defined as recreational
  200  and commercial working waterfront in s. 342.201(2)(b) in any
  201  area zoned as industrial.
  202         (8) Any development authorized under paragraph (7)(a) must
  203  be treated as a conforming use even after the expiration of
  204  subsection (7) and the development’s affordability period as
  205  provided in paragraph (7)(a), notwithstanding the municipality’s
  206  comprehensive plan, future land use designation, or zoning. If
  207  at any point during the development’s affordability period the
  208  development violates the affordability period requirement
  209  provided in paragraph (7)(a), the development must be allowed a
  210  reasonable time to cure such violation. If the violation is not
  211  cured within a reasonable time, the development must be treated
  212  as a nonconforming use.
  213         Section 3. Subsection (3) of section 196.1978, Florida
  214  Statutes, is amended to read:
  215         196.1978 Affordable housing property exemption.—
  216         (3)(a) As used in this subsection, the term:
  217         1. “Corporation” means the Florida Housing Finance
  218  Corporation.
  219         2. “Newly constructed” means an improvement or the
  220  substantial rehabilitation of an existing improvement to real
  221  property which was substantially completed within 5 years before
  222  the date of an applicant’s first submission of a request for a
  223  certification notice or an application for an exemption pursuant
  224  to this subsection section, whichever is earlier.
  225         3. “Substantially completed” has the same meaning as in s.
  226  192.042(1).
  227         4. “Substantial rehabilitation” means the repair or
  228  restoration of a unit which increases the market value of such
  229  unit by at least 40 percent.
  230         (b) Notwithstanding ss. 196.195 and 196.196, portions of
  231  property in a multifamily project are considered property used
  232  for a charitable purpose and are eligible to receive an ad
  233  valorem property tax exemption if such portions meet all of the
  234  following conditions:
  235         1. Provide affordable housing to natural persons or
  236  families meeting the income limitations provided in paragraph
  237  (d).;
  238         2.a. Are within a newly constructed multifamily project
  239  that contains more than 70 units dedicated to housing natural
  240  persons or families meeting the income limitations provided in
  241  paragraph (d); or
  242         b. Are within a newly constructed multifamily project in an
  243  area of critical state concern, as designated by s. 380.0552 or
  244  chapter 28-36, Florida Administrative Code, which contains more
  245  than 10 units dedicated to housing natural persons or families
  246  meeting the income limitations provided in paragraph (d). and
  247         3. Are rented for an amount that does not exceed the amount
  248  as specified by the most recent multifamily rental programs
  249  income and rent limit chart posted by the corporation and
  250  derived from the Multifamily Tax Subsidy Projects Income Limits
  251  published by the United States Department of Housing and Urban
  252  Development or 90 percent of the fair market value rent as
  253  determined by a rental market study meeting the requirements of
  254  paragraph (l) (m), whichever is less.
  255         (c) If a unit that in the previous year received qualified
  256  for the exemption under this subsection and was occupied by a
  257  tenant is vacant on January 1, the vacant unit is eligible for
  258  the exemption if the use of the unit is restricted to providing
  259  affordable housing that would otherwise meet the requirements of
  260  this subsection and a reasonable effort is made to lease the
  261  unit to eligible persons or families.
  262         (d)1. The property appraiser shall exempt:
  263         a. Seventy-five percent of the assessed value of the units
  264  in multifamily projects that meet the requirements of this
  265  subsection and are Qualified property used to house natural
  266  persons or families whose annual household income is greater
  267  than 80 percent but not more than 120 percent of the median
  268  annual adjusted gross income for households within the
  269  metropolitan statistical area or, if not within a metropolitan
  270  statistical area, within the county in which the person or
  271  family resides; and, must receive an ad valorem property tax
  272  exemption of 75 percent of the assessed value.
  273         b.2. From ad valorem property taxes the units in
  274  multifamily projects that meet the requirements of this
  275  subsection and are Qualified property used to house natural
  276  persons or families whose annual household income does not
  277  exceed 80 percent of the median annual adjusted gross income for
  278  households within the metropolitan statistical area or, if not
  279  within a metropolitan statistical area, within the county in
  280  which the person or family resides, is exempt from ad valorem
  281  property taxes.
  282         2. When determining the value of a unit for purposes of
  283  applying an exemption pursuant to this paragraph, the property
  284  appraiser must include in such valuation the proportionate share
  285  of the residential common areas, including the land, fairly
  286  attributable to such unit.
  287         (e) To be eligible to receive an exemption under this
  288  subsection, a property owner must submit an application on a
  289  form prescribed by the department by March 1 for the exemption,
  290  accompanied by a certification notice from the corporation to
  291  the property appraiser. The property appraiser shall review the
  292  application and determine whether the applicant meets all of the
  293  requirements of this subsection and is entitled to an exemption.
  294  A property appraiser may request and review additional
  295  information necessary to make such determination. A property
  296  appraiser may grant an exemption only for a property for which
  297  the corporation has issued a certification notice and which the
  298  property appraiser determines is entitled to an exemption.
  299         (f) To receive a certification notice, a property owner
  300  must submit a request to the corporation for certification on a
  301  form provided by the corporation which includes all of the
  302  following:
  303         1. The most recently completed rental market study meeting
  304  the requirements of paragraph (l) (m).
  305         2. A list of the units for which the property owner seeks
  306  an exemption.
  307         3. The rent amount received by the property owner for each
  308  unit for which the property owner seeks an exemption. If a unit
  309  is vacant and qualifies for an exemption under paragraph (c),
  310  the property owner must provide evidence of the published rent
  311  amount for each vacant unit.
  312         4. If the units for which the property owner seeks an
  313  exemption have been substantially rehabilitated but have not
  314  been certified previously by the corporation pursuant to
  315  paragraph (g), a market value analysis meeting the requirements
  316  of paragraph (m) demonstrating that the units meet the
  317  definition of substantial rehabilitation in subparagraph (a)4.
  318  After receiving an initial certification notice for
  319  substantially rehabilitated units, a property owner is not
  320  required to submit a new market value analysis when requesting
  321  certification notices for subsequent years.
  322         5. A sworn statement, under penalty of perjury, from the
  323  applicant restricting the property for a period of not less than
  324  3 years to housing persons or families who meet the income
  325  limitations under this subsection.
  326         (g) The corporation shall review the request for a
  327  certification notice and certify whether a property that meets
  328  the eligibility criteria of paragraphs (b) and (c) this
  329  subsection. A determination by the corporation regarding a
  330  request for a certification notice does not constitute a grant
  331  of an exemption pursuant to this subsection or final agency
  332  action pursuant to chapter 120.
  333         1. If the corporation determines that the property meets
  334  the eligibility criteria for an exemption under this subsection,
  335  the corporation must send a certification notice to the property
  336  owner and the property appraiser.
  337         2. If the corporation determines that the property does not
  338  meet the eligibility criteria, the corporation must notify the
  339  property owner and include the reasons for such determination.
  340         (h) The corporation shall post on its website the deadline
  341  to submit a request for a certification notice. The deadline
  342  must allow adequate time for a property owner to submit a timely
  343  application for exemption to the property appraiser.
  344         (i) The property appraiser shall review the application and
  345  determine if the applicant is entitled to an exemption. A
  346  property appraiser may grant an exemption only for a property
  347  for which the corporation has issued a certification notice.
  348         (j) If the property appraiser determines that for any year
  349  during the immediately previous 10 years a person who was not
  350  entitled to an exemption under this subsection was granted such
  351  an exemption, the property appraiser must serve upon the owner a
  352  notice of intent to record in the public records of the county a
  353  notice of tax lien against any property owned by that person in
  354  the county, and that property must be identified in the notice
  355  of tax lien. Any property owned by the taxpayer and situated in
  356  this state is subject to the taxes exempted by the improper
  357  exemption, plus a penalty of 50 percent of the unpaid taxes for
  358  each year and interest at a rate of 15 percent per annum. If an
  359  exemption is improperly granted as a result of a clerical
  360  mistake or an omission by the property appraiser, the property
  361  owner improperly receiving the exemption may not be assessed a
  362  penalty or interest.
  363         (j)(k) Units subject to an agreement with the corporation
  364  pursuant to chapter 420 recorded in the official records of the
  365  county in which the property is located to provide housing to
  366  natural persons or families meeting the extremely-low-income,
  367  very-low-income, or low-income limits specified in s. 420.0004
  368  are not eligible for this exemption.
  369         (k)(l) Property receiving an exemption pursuant to s.
  370  196.1979 is not eligible for this exemption.
  371         (l)(m) A rental market study submitted as required by
  372  subparagraph (f)1. paragraph (f) must identify the fair market
  373  value rent of each unit for which a property owner seeks an
  374  exemption. Only a certified general appraiser as defined in
  375  s. 475.611 may issue a rental market study. The certified
  376  general appraiser must be independent of the property owner who
  377  requests the rental market study. In preparing the rental market
  378  study, a certified general appraiser shall comply with the
  379  standards of professional practice pursuant to part II of
  380  chapter 475 and use comparable property within the same
  381  geographic area and of the same type as the property for which
  382  the exemption is sought. A rental market study must have been
  383  completed within 3 years before submission of the application.
  384         (m) A market value analysis submitted as required by
  385  subparagraph (f)4. must identify the change in the market value
  386  of the unit attributable to the rehabilitation of the unit,
  387  expressed as a percentage of the market value before the
  388  rehabilitation, for each unit that has undergone rehabilitation.
  389  Only a certified general appraiser as defined in s. 475.611 may
  390  issue a market value analysis. The certified general appraiser
  391  must be independent of the property owner who requests the
  392  market value analysis. In preparing the market value analysis, a
  393  certified general appraiser shall comply with the standards of
  394  professional practice pursuant to part II of chapter 475 and use
  395  comparable property within the same geographic area and of the
  396  same type as the property for which the exemption is sought.
  397         (n) The corporation may adopt rules to implement this
  398  section.
  399         (o) This subsection first applies to the 2024 tax roll and
  400  is repealed December 31, 2059.
  401         Section 4. The amendments made by this act to s. 196.1978,
  402  Florida Statutes, are intended to be remedial and clarifying in
  403  nature and apply retroactively to January 1, 2024.
  404         Section 5. Present subsection (5) of section 333.03,
  405  Florida Statutes, is redesignated as subsection (6), and a new
  406  subsection (5) is added to that section, to read:
  407         333.03 Requirement to adopt airport zoning regulations.—
  408         (5) Sections 125.01055(7) and 166.04151(7) do not apply to
  409  any of the following:
  410         (a) A proposed development within 10,000 feet of the
  411  nearest point of any existing airport runway or planned airport
  412  runway identified in the local government’s airport master plan.
  413         (b) A proposed development within any airport noise zone
  414  identified in the federal land use compatibility table.
  415         (c) A proposed development that exceeds maximum height
  416  restrictions identified in the political subdivision’s airport
  417  zoning regulation adopted pursuant to this section.
  418         Section 6. Subsection (3) of section 420.5096, Florida
  419  Statutes, is amended to read:
  420         420.5096 Florida Hometown Hero Program.—
  421         (3) For loans made available pursuant to s.
  422  420.507(23)(a)1. or 2., the corporation may underwrite and make
  423  those mortgage loans through the program to persons or families
  424  who have household incomes that do not exceed 150 percent of the
  425  state median income or local median income, whichever is
  426  greater. A borrower must be seeking to purchase a home as a
  427  primary residence; must be a first-time homebuyer and a Florida
  428  resident; and must be employed full-time by a Florida-based
  429  employer. The borrower must provide documentation of full-time
  430  employment, or full-time status for self-employed individuals,
  431  of 35 hours or more per week. The requirement to be a first-time
  432  homebuyer does not apply to a borrower who is an active duty
  433  servicemember of a branch of the armed forces or the Florida
  434  National Guard, as defined in s. 250.01, or a veteran.
  435         Section 7. For the 2024-2025 fiscal year, from the funds
  436  received and deposited into the General Revenue Fund from the
  437  state’s allocation from the federal Coronavirus State Fiscal
  438  Recovery Fund created under the American Rescue Plan Act of
  439  2021, Pub. L. No. 117-2, the sum of $100 million in nonrecurring
  440  funds is appropriated to the State Housing Trust Fund for use by
  441  the Florida Housing Finance Corporation to implement the Florida
  442  Hometown Hero Program established in s. 420.5096, Florida
  443  Statutes.
  444         Section 8. This act shall take effect upon becoming a law.