Bill Text: FL S0328 | 2024 | Regular Session | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Engrossed.html
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-Engrossed.html
CS for CS for SB 328 First Engrossed 2024328e1 1 A bill to be entitled 2 An act relating to affordable housing; amending ss. 3 125.01055 and 166.04151, F.S.; clarifying application; 4 prohibiting counties and municipalities, respectively, 5 from restricting the floor area ratio of certain 6 proposed developments under certain circumstances; 7 providing that the density, floor area ratio, or 8 height of certain developments, bonuses, variances, or 9 other special exceptions are not included in the 10 calculation of the currently allowed density, floor 11 area ratio, or height by counties and municipalities, 12 respectively; authorizing counties and municipalities, 13 respectively, to restrict the height of proposed 14 developments under certain circumstances; prohibiting 15 the administrative approval by counties and 16 municipalities, respectively, of a proposed 17 development within a specified proximity to a military 18 installation; requiring counties and municipalities, 19 respectively, to maintain a certain policy on their 20 websites; requiring counties and municipalities, 21 respectively, to consider reducing parking 22 requirements under certain circumstances; requiring 23 counties and municipalities, respectively, to reduce 24 or eliminate parking requirements for certain proposed 25 mixed-use developments that meet certain requirements; 26 providing certain requirements for developments 27 located within a transit-oriented development or area; 28 defining the term “major transportation hub”; making 29 technical changes; providing requirements for 30 developments authorized located within a transit 31 oriented development or area; clarifying that a county 32 or municipality, respectively, is not precluded from 33 granting additional exceptions; clarifying that a 34 proposed development is not precluded from receiving a 35 bonus for density, height, or floor area ratio if 36 specified conditions are satisfied; requiring that 37 such bonuses be administratively approved by counties 38 and municipalities, respectively; revising 39 applicability; authorizing that specified developments 40 be treated as a conforming use under certain 41 circumstances; authorizing that specified developments 42 be treated as a nonconforming use under certain 43 circumstances; authorizing applicants for certain 44 proposed developments to notify a county or 45 municipality, as applicable, of their intent to 46 proceed under certain provisions; requiring counties 47 and municipalities to allow certain applicants to 48 submit a revised application, written request, or 49 notice of intent; amending s. 196.1978, F.S.; revising 50 the definition of the term “newly constructed”; 51 revising conditions for when multifamily projects are 52 considered property used for a charitable purpose and 53 are eligible to receive an ad valorem property tax 54 exemption; making technical changes; requiring 55 property appraisers to make certain exemptions from ad 56 valorem property taxes; providing the method for 57 determining the value of a unit for certain purposes; 58 requiring property appraisers to review certain 59 applications and make certain determinations; 60 authorizing property appraisers to request and review 61 additional information; authorizing property 62 appraisers to grant exemptions only under certain 63 conditions; revising requirements for property owners 64 seeking a certification notice from the Florida 65 Housing Finance Corporation; providing that a certain 66 determination by the corporation does not constitute 67 an exemption; revising eligibility; conforming 68 provisions to changes made by the act; amending s. 69 196.1979, F.S.; revising the value to which a certain 70 ad valorem property tax exemption applies; revising a 71 condition of eligibility for vacant residential units 72 to qualify for a certain ad valorem property tax 73 exemption; making technical changes; revising the 74 deadline for an application for exemption; revising 75 deadlines by which boards and governing bodies must 76 deliver to or notify the Department of Revenue of the 77 adoption, repeal, or expiration of certain ordinances; 78 requiring property appraisers to review certain 79 applications and make certain determinations; 80 authorizing property appraisers to request and review 81 additional information; authorizing property 82 appraisers to grant exemptions only under certain 83 conditions; providing the method for determining the 84 value of a unit for certain purposes; providing for 85 retroactive application; amending s. 333.03, F.S.; 86 excluding certain proposed developments from specified 87 airport zoning provisions; amending s. 420.507, F.S.; 88 revising the enumerated powers of the corporation; 89 amending s. 420.5096, F.S.; making technical changes; 90 amending s. 420.518, F.S.; specifying conditions under 91 which the corporation may preclude applicants from 92 corporation programs; providing an appropriation; 93 providing an effective date. 94 95 Be It Enacted by the Legislature of the State of Florida: 96 97 Section 1. Subsection (7) of section 125.01055, Florida 98 Statutes, is amended, and subsection (8) is added to that 99 section, to read: 100 125.01055 Affordable housing.— 101 (7)(a) A county must authorize multifamily and mixed-use 102 residential as allowable uses in any area zoned for commercial, 103 industrial, or mixed use if at least 40 percent of the 104 residential units in a proposed multifamilyrentaldevelopment 105 are rental units that, for a period of at least 30 years, are 106 affordable as defined in s. 420.0004. Notwithstanding any other 107 law, local ordinance, or regulation to the contrary, a county 108 may not require a proposed multifamily development to obtain a 109 zoning or land use change, special exception, conditional use 110 approval, variance, or comprehensive plan amendment for the 111 building height, zoning, and densities authorized under this 112 subsection. For mixed-use residential projects, at least 65 113 percent of the total square footage must be used for residential 114 purposes. 115 (b) A county may not restrict the density of a proposed 116 development authorized under this subsection below the highest 117 currently allowed density on any unincorporated land in the 118 county where residential development is allowed under the 119 county’s land development regulations. For purposes of this 120 paragraph, the term “highest currently allowed density” does not 121 include the density of any building that met the requirements of 122 this subsection or the density of any building that has received 123 any bonus, variance, or other special exception for density 124 provided in the county’s land development regulations as an 125 incentive for development. 126 (c) A county may not restrict the floor area ratio of a 127 proposed development authorized under this subsection below 150 128 percent of the highest currently allowed floor area ratio on any 129 unincorporated land in the county where development is allowed 130 under the county’s land development regulations. For purposes of 131 this paragraph, the term “highest currently allowed floor area 132 ratio” does not include the floor area ratio of any building 133 that met the requirements of this subsection or the floor area 134 ratio of any building that has received any bonus, variance, or 135 other special exception for floor area ratio provided in the 136 county’s land development regulations as an incentive for 137 development. For purposes of this subsection, the term floor 138 area ratio includes floor lot ratio. 139 (d)1.(c)A county may not restrict the height of a proposed 140 development authorized under this subsection below the highest 141 currently allowed height for a commercial or residential 142 buildingdevelopmentlocated in its jurisdiction within 1 mile 143 of the proposed development or 3 stories, whichever is higher. 144 For purposes of this paragraph, the term “highest currently 145 allowed height” does not include the height of any building that 146 met the requirements of this subsection or the height of any 147 building that has received any bonus, variance, or other special 148 exception for height provided in the county’s land development 149 regulations as an incentive for development. 150 2. If the proposed development is adjacent to, on two or 151 more sides, a parcel zoned for single-family residential use 152 which is within a single-family residential development with at 153 least 25 contiguous single-family homes, the county may restrict 154 the height of the proposed development to 150 percent of the 155 tallest building on any property adjacent to the proposed 156 development, the highest currently allowed height for the 157 property provided in the county’s land development regulations, 158 or 3 stories, whichever is higher. For the purposes of this 159 paragraph, the term “adjacent to” means those properties sharing 160 more than one point of a property line, but does not include 161 properties separated by a public road. 162 (e)(d)A proposed development authorized under this 163 subsection must be administratively approved and no further 164 action by the board of county commissioners is required if the 165 development satisfies the county’s land development regulations 166 for multifamily developments in areas zoned for such use and is 167 otherwise consistent with the comprehensive plan, with the 168 exception of provisions establishing allowable densities, floor 169 area ratios, height, and land use. Such land development 170 regulations include, but are not limited to, regulations 171 relating to setbacks and parking requirements. A proposed 172 development located within one-quarter mile of a military 173 installation identified in s. 163.3175(2) may not be 174 administratively approved. Each county shall maintain on its 175 website a policy containing procedures and expectations for 176 administrative approval pursuant to this subsection. 177 (f)1.(e)A county must consider reducing parking 178 requirements for a proposed development authorized under this 179 subsection if the development is located within one-quarterone180halfmile of amajortransit stop, as defined in the county’s 181 land development code, and themajortransit stop is accessible 182 from the development. 183 2. A county must reduce parking requirements by at least 20 184 percent for a proposed development authorized under this 185 subsection if the development: 186 a. Is located within one-half mile of a major 187 transportation hub that is accessible from the proposed 188 development by safe, pedestrian-friendly means, such as 189 sidewalks, crosswalks, elevated pedestrian or bike paths, or 190 other multimodal design features; and 191 b. Has available parking within 600 feet of the proposed 192 development which may consist of options such as on-street 193 parking, parking lots, or parking garages available for use by 194 residents of the proposed development. However, a county may not 195 require that the available parking compensate for the reduction 196 in parking requirements. 197 3. A county must eliminate parking requirements for a 198 proposed mixed-use residential development authorized under this 199 subsection within an area recognized by the county as a transit 200 oriented development or area, as provided in paragraph (h). 201 4. For purposes of this paragraph, the term “major 202 transportation hub” means any transit station, whether bus, 203 train, or light rail, which is served by public transit with a 204 mix of other transportation options. 205 (g)(f)For proposed multifamily developments in an 206 unincorporated area zoned for commercial or industrial use which 207 is within the boundaries of a multicounty independent special 208 district that was created to provide municipal services and is 209 not authorized to levy ad valorem taxes, and less than 20 210 percent of the land area within such district is designated for 211 commercial or industrial use, a county must authorize, as 212 provided in this subsection, such development only if the 213 development is mixed-use residential. 214 (h) A proposed development authorized under this subsection 215 which is located within a transit-oriented development or area, 216 as recognized by the county, must be mixed-use residential and 217 otherwise comply with requirements of the county’s regulations 218 applicable to the transit-oriented development or area except 219 for use, height, density, floor area ratio, and parking as 220 provided in this subsection or as otherwise agreed to by the 221 county and the applicant for the development. 222 (i)(g)Except as otherwise provided in this subsection, a 223 development authorized under this subsection must comply with 224 all applicable state and local laws and regulations. 225 (j)1. Nothing in this subsection precludes a county from 226 granting a bonus, variance, conditional use, or other special 227 exception for height, density, or floor area ratio in addition 228 to the height, density, and floor area ratio requirements in 229 this subsection. 230 2. Nothing in this subsection precludes a proposed 231 development authorized under this subsection from receiving a 232 bonus for density, height, or floor area ratio pursuant to an 233 ordinance or regulation of the jurisdiction where the proposed 234 development is located if the proposed development satisfies the 235 conditions to receive the bonus except for any condition which 236 conflicts with this subsection. If a proposed development 237 qualifies for such bonus, the bonus must be administratively 238 approved by the county and no further action by the board of 239 county commissioners is required. 240 (k)(h)This subsection does not apply to: 241 1. Airport-impacted areas as provided in s. 333.03. 242 2. Property defined as recreational and commercial working 243 waterfront in s. 342.201(2)(b) in any area zoned as industrial. 244 (l)(i)This subsection expires October 1, 2033. 245 (8) Any development authorized under paragraph (7)(a) must 246 be treated as a conforming use even after the expiration of 247 subsection (7) and the development’s affordability period as 248 provided in paragraph (7)(a), notwithstanding the county’s 249 comprehensive plan, future land use designation, or zoning. If 250 at any point during the development’s affordability period the 251 development violates the affordability period requirement 252 provided in paragraph (7)(a), the development must be allowed a 253 reasonable time to cure such violation. If the violation is not 254 cured within a reasonable time, the development must be treated 255 as a nonconforming use. 256 Section 2. Subsection (7) of section 166.04151, Florida 257 Statutes, is amended, and subsection (8) is added to that 258 section, to read: 259 166.04151 Affordable housing.— 260 (7)(a) A municipality must authorize multifamily and mixed 261 use residential as allowable uses in any area zoned for 262 commercial, industrial, or mixed use if at least 40 percent of 263 the residential units in a proposed multifamilyrental264 development are rental units that, for a period of at least 30 265 years, are affordable as defined in s. 420.0004. Notwithstanding 266 any other law, local ordinance, or regulation to the contrary, a 267 municipality may not require a proposed multifamily development 268 to obtain a zoning or land use change, special exception, 269 conditional use approval, variance, or comprehensive plan 270 amendment for the building height, zoning, and densities 271 authorized under this subsection. For mixed-use residential 272 projects, at least 65 percent of the total square footage must 273 be used for residential purposes. 274 (b) A municipality may not restrict the density of a 275 proposed development authorized under this subsection below the 276 highest currently allowed density on any land in the 277 municipality where residential development is allowed under the 278 municipality’s land development regulations. For purposes of 279 this paragraph, the term “highest currently allowed density” 280 does not include the density of any building that met the 281 requirements of this subsection or the density of any building 282 that has received any bonus, variance, or other special 283 exception for density provided in the municipality’s land 284 development regulations as an incentive for development. 285 (c) A municipality may not restrict the floor area ratio of 286 a proposed development authorized under this subsection below 287 150 percent of the highest currently allowed floor area ratio on 288 any land in the municipality where development is allowed under 289 the municipality’s land development regulations. For purposes of 290 this paragraph, the term “highest currently allowed floor area 291 ratio” does not include the floor area ratio of any building 292 that met the requirements of this subsection or the floor area 293 ratio of any building that has received any bonus, variance, or 294 other special exception for floor area ratio provided in the 295 municipality’s land development regulations as an incentive for 296 development. For purposes of this subsection, the term “floor 297 area ratio” includes floor lot ratio. 298 (d)1.(c)A municipality may not restrict the height of a 299 proposed development authorized under this subsection below the 300 highest currently allowed height for a commercial or residential 301 buildingdevelopmentlocated in its jurisdiction within 1 mile 302 of the proposed development or 3 stories, whichever is higher. 303 For purposes of this paragraph, the term “highest currently 304 allowed height” does not include the height of any building that 305 met the requirements of this subsection or the height of any 306 building that has received any bonus, variance, or other special 307 exception for height provided in the municipality’s land 308 development regulations as an incentive for development. 309 2. If the proposed development is adjacent to, on two or 310 more sides, a parcel zoned for single-family residential use 311 that is within a single-family residential development with at 312 least 25 contiguous single-family homes, the municipality may 313 restrict the height of the proposed development to 150 percent 314 of the tallest building on any property adjacent to the proposed 315 development, the highest currently allowed height for the 316 property provided in the municipality’s land development 317 regulations, or 3 stories, whichever is higher. For the purposes 318 of this paragraph, the term “adjacent to” means those properties 319 sharing more than one point of a property line, but does not 320 include properties separated by a public road. 321 (e)(d)A proposed development authorized under this 322 subsection must be administratively approved and no further 323 action by the governing body of the municipality is required if 324 the development satisfies the municipality’s land development 325 regulations for multifamily developments in areas zoned for such 326 use and is otherwise consistent with the comprehensive plan, 327 with the exception of provisions establishing allowable 328 densities, floor area ratios, height, and land use. Such land 329 development regulations include, but are not limited to, 330 regulations relating to setbacks and parking requirements. A 331 proposed development located within one-quarter mile of a 332 military installation identified in s. 163.3175(2) may not be 333 administratively approved. Each municipality shall maintain on 334 its website a policy containing procedures and expectations for 335 administrative approval pursuant to this subsection. 336 (f)1.(e)A municipality must consider reducing parking 337 requirements for a proposed development authorized under this 338 subsection if the development is located within one-quarterone339halfmile of amajortransit stop, as defined in the 340 municipality’s land development code, and themajortransit stop 341 is accessible from the development. 342 2. A municipality must reduce parking requirements by at 343 least 20 percent for a proposed development authorized under 344 this subsection if the development: 345 a. Is located within one-half mile of a major 346 transportation hub that is accessible from the proposed 347 development by safe, pedestrian-friendly means, such as 348 sidewalks, crosswalks, elevated pedestrian or bike paths, or 349 other multimodal design features. 350 b. Has available parking within 600 feet of the proposed 351 development which may consist of options such as on-street 352 parking, parking lots, or parking garages available for use by 353 residents of the proposed development. However, a municipality 354 may not require that the available parking compensate for the 355 reduction in parking requirements. 356 3. A municipality must eliminate parking requirements for a 357 proposed mixed-use residential development authorized under this 358 subsection within an area recognized by the municipality as a 359 transit-oriented development or area, as provided in paragraph 360 (h). 361 4. For purposes of this paragraph, the term “major 362 transportation hub” means any transit station, whether bus, 363 train, or light rail, which is served by public transit with a 364 mix of other transportation options. 365 (g)(f)A municipality that designates less than 20 percent 366 of the land area within its jurisdiction for commercial or 367 industrial use must authorize a proposed multifamily development 368 as provided in this subsection in areas zoned for commercial or 369 industrial use only if the proposed multifamily development is 370 mixed-use residential. 371 (h) A proposed development authorized under this subsection 372 which is located within a transit-oriented development or area, 373 as recognized by the municipality, must be mixed-use residential 374 and otherwise comply with requirements of the municipality’s 375 regulations applicable to the transit-oriented development or 376 area except for use, height, density, floor area ratio, and 377 parking as provided in this subsection or as otherwise agreed to 378 by the municipality and the applicant for the development. 379 (i)(g)Except as otherwise provided in this subsection, a 380 development authorized under this subsection must comply with 381 all applicable state and local laws and regulations. 382 (j)1. Nothing in this subsection precludes a municipality 383 from granting a bonus, variance, conditional use, or other 384 special exception to height, density, or floor area ratio in 385 addition to the height, density, and floor area ratio 386 requirements in this subsection. 387 2. Nothing in this subsection precludes a proposed 388 development authorized under this subsection from receiving a 389 bonus for density, height, or floor area ratio pursuant to an 390 ordinance or regulation of the jurisdiction where the proposed 391 development is located if the proposed development satisfies the 392 conditions to receive the bonus except for any condition which 393 conflicts with this subsection. If a proposed development 394 qualifies for such bonus, the bonus must be administratively 395 approved by the municipality and no further action by the 396 governing body of the municipality is required. 397 (k)(h)This subsection does not apply to: 398 1. Airport-impacted areas as provided in s. 333.03. 399 2. Property defined as recreational and commercial working 400 waterfront in s. 342.201(2)(b) in any area zoned as industrial. 401 (l)(i)This subsection expires October 1, 2033. 402 (8) Any development authorized under paragraph (7)(a) must 403 be treated as a conforming use even after the expiration of 404 subsection (7) and the development’s affordability period as 405 provided in paragraph (7)(a), notwithstanding the municipality’s 406 comprehensive plan, future land use designation, or zoning. If 407 at any point during the development’s affordability period the 408 development violates the affordability period requirement 409 provided in paragraph (7)(a), the development must be allowed a 410 reasonable time to cure such violation. If the violation is not 411 cured within a reasonable time, the development must be treated 412 as a nonconforming use. 413 Section 3. An applicant for a proposed development 414 authorized under s. 125.01055(7) or s. 166.04151(7), Florida 415 Statutes, who submitted an application, written request, or 416 notice of intent to utilize such provisions to the county or 417 municipality and which has been received by the county or 418 municipality, as applicable, before the effective date of this 419 act may notify the county or municipality by July 1, 2024, of 420 its intent to proceed under the provisions of s. 125.01055(7) or 421 s. 166.04151(7), Florida Statutes, as they existed at the time 422 of submittal. A county or municipality shall allow an applicant 423 who submitted such application, written request, or notice of 424 intent before the effective date of this act the opportunity to 425 submit a revised application, written request, or notice of 426 intent to account for the changes made by this act. 427 Section 4. Subsection (3) of section 196.1978, Florida 428 Statutes, is amended to read: 429 196.1978 Affordable housing property exemption.— 430 (3)(a) As used in this subsection, the term: 431 1. “Corporation” means the Florida Housing Finance 432 Corporation. 433 2. “Newly constructed” means an improvement to real 434 property which was substantially completed within 5 years before 435 the date of an applicant’s first submission of a request for a 436 certification noticeor an application for an exemptionpursuant 437 to this subsectionsection, whichever is earlier. 438 3. “Substantially completed” has the same meaning as in s. 439 192.042(1). 440 (b) Notwithstanding ss. 196.195 and 196.196, portions of 441 property in a multifamily project are considered property used 442 for a charitable purpose and are eligible to receive an ad 443 valorem property tax exemption if such portions meet all of the 444 following conditions: 445 1. Provide affordable housing to natural persons or 446 families meeting the income limitations provided in paragraph 447 (d).;448 2.a. Are within a newly constructed multifamily project 449 that contains more than 70 units dedicated to housing natural 450 persons or families meeting the income limitations provided in 451 paragraph (d); or 452 b. Are within a newly constructed multifamily project in an 453 area of critical state concern, as designated by s. 380.0552 or 454 chapter 28-36, Florida Administrative Code, which contains more 455 than 10 units dedicated to housing natural persons or families 456 meeting the income limitations provided in paragraph (d).and457 3. Are rented for an amount that does not exceed the amount 458 as specified by the most recent multifamily rental programs 459 income and rent limit chart posted by the corporation and 460 derived from the Multifamily Tax Subsidy Projects Income Limits 461 published by the United States Department of Housing and Urban 462 Development or 90 percent of the fair market value rent as 463 determined by a rental market study meeting the requirements of 464 paragraph (l)(m), whichever is less. 465 (c) If a unit that in the previous year receivedqualified466forthe exemption under this subsection and was occupied by a 467 tenant is vacant on January 1, the vacant unit is eligible for 468 the exemption if the use of the unit is restricted to providing 469 affordable housing that would otherwise meet the requirements of 470 this subsection and a reasonable effort is made to lease the 471 unit to eligible persons or families. 472 (d)1. The property appraiser shall exempt: 473 a. Seventy-five percent of the assessed value of the units 474 in multifamily projects that meet the requirements of this 475 subsection and areQualified propertyused to house natural 476 persons or families whose annual household income is greater 477 than 80 percent but not more than 120 percent of the median 478 annual adjusted gross income for households within the 479 metropolitan statistical area or, if not within a metropolitan 480 statistical area, within the county in which the person or 481 family resides; and, must receive an ad valorem property tax482exemption of 75 percent of the assessedvalue.483 b.2.From ad valorem property taxes the units in 484 multifamily projects that meet the requirements of this 485 subsection and areQualified propertyused to house natural 486 persons or families whose annual household income does not 487 exceed 80 percent of the median annual adjusted gross income for 488 households within the metropolitan statistical area or, if not 489 within a metropolitan statistical area, within the county in 490 which the person or family resides, is exempt from ad valorem491property taxes. 492 2. When determining the value of a unit for purposes of 493 applying an exemption pursuant to this paragraph, the property 494 appraiser must include in such valuation the proportionate share 495 of the residential common areas, including the land, fairly 496 attributable to such unit. 497 (e) To be eligible to receive an exemption under this 498 subsection, a property owner must submit an application on a 499 form prescribed by the department by March 1 for the exemption, 500 accompanied by a certification notice from the corporation to 501 the property appraiser. The property appraiser shall review the 502 application and determine whether the applicant meets all of the 503 requirements of this subsection and is entitled to an exemption. 504 A property appraiser may request and review additional 505 information necessary to make such determination. A property 506 appraiser may grant an exemption only for a property for which 507 the corporation has issued a certification notice and which the 508 property appraiser determines is entitled to an exemption. 509 (f) To receive a certification notice, a property owner 510 must submit a request to the corporationfor certificationon a 511 form provided by the corporation which includes all of the 512 following: 513 1. The most recently completed rental market study meeting 514 the requirements of paragraph (l)(m). 515 2. A list of the units for which the property owner seeks 516 an exemption. 517 3. The rent amount received by the property owner for each 518 unit for which the property owner seeks an exemption. If a unit 519 is vacant and qualifies for an exemption under paragraph (c), 520 the property owner must provide evidence of the published rent 521 amount for each vacant unit. 522 4. A sworn statement, under penalty of perjury, from the 523 applicant restricting the property for a period of not less than 524 3 years to housing persons or families who meet the income 525 limitations under this subsection. 526 (g) The corporation shall review the request for a 527 certification notice and certify whether a propertythatmeets 528 theeligibilitycriteria of paragraphs (b) and (c)this529subsection. A determination by the corporation regarding a 530 request for a certification notice does not constitute a grant 531 of an exemption pursuant to this subsection or final agency 532 action pursuant to chapter 120. 533 1. If the corporation determines that the property meets 534 theeligibilitycriteriafor an exemption under this subsection, 535 the corporation must send a certification notice to the property 536 owner and the property appraiser. 537 2. If the corporation determines that the property does not 538 meet theeligibilitycriteria, the corporation must notify the 539 property owner and include the reasons for such determination. 540 (h) The corporation shall post on its website the deadline 541 to submit a request for a certification notice. The deadline 542 must allow adequate time for a property owner to submit a timely 543 application for exemption to the property appraiser. 544 (i)The property appraiser shall review the application and545determine if the applicant is entitled to an exemption. A546property appraiser may grant an exemption only for a property547for which the corporation has issued a certification notice.548(j)If the property appraiser determines that for any year 549 during the immediately previous 10 years a person who was not 550 entitled to an exemption under this subsection was granted such 551 an exemption, the property appraiser must serve upon the owner a 552 notice of intent to record in the public records of the county a 553 notice of tax lien against any property owned by that person in 554 the county, and that property must be identified in the notice 555 of tax lien. Any property owned by the taxpayer and situated in 556 this state is subject to the taxes exempted by the improper 557 exemption, plus a penalty of 50 percent of the unpaid taxes for 558 each year and interest at a rate of 15 percent per annum. If an 559 exemption is improperly granted as a result of a clerical 560 mistake or an omission by the property appraiser, the property 561 owner improperly receiving the exemption may not be assessed a 562 penalty or interest. 563 (j)(k)Units subject to an agreement with the corporation 564 pursuant to chapter 420 recorded in the official records of the 565 county in which the property is located to provide housing to 566 natural persons or families meeting the extremely-low-income, 567 very-low-income, or low-income limits specified in s. 420.0004 568 are not eligible for this exemption. 569 (k)(l)Property receiving an exemption pursuant to s. 570 196.1979 or units used as a transient public lodging 571 establishment as defined in s. 509.013 areisnot eligible for 572 this exemption. 573 (l)(m)A rental market study submitted as required by 574 subparagraph (f)1.paragraph (f)must identify the fair market 575 value rent of each unit for which a property owner seeks an 576 exemption. Only a certified general appraiser as defined in s. 577 475.611 may issue a rental market study. The certified general 578 appraiser must be independent of the property owner who requests 579 the rental market study. In preparing the rental market study, a 580 certified general appraiser shall comply with the standards of 581 professional practice pursuant to part II of chapter 475 and use 582 comparable property within the same geographic area and of the 583 same type as the property for which the exemption is sought. A 584 rental market study must have been completed within 3 years 585 before submission of the application. 586 (m)(n)The corporation may adopt rules to implement this 587 section. 588 (n)(o)This subsection first applies to the 2024 tax roll 589 and is repealed December 31, 2059. 590 Section 5. Present subsections (6) and (7) of section 591 196.1979, Florida Statutes, are redesignated as subsections (8) 592 and (9), respectively, new subsections (6) and (7) are added to 593 that section, and paragraph (b) of subsection (1), subsection 594 (2), paragraphs (d), (f), and (l) of subsection (3), and 595 subsection (5) of that section are amended, to read: 596 196.1979 County and municipal affordable housing property 597 exemption.— 598 (1) 599 (b) Qualified property may receive an ad valorem property 600 tax exemption of: 601 1. Up to 75 percent of the assessed value of each 602 residential unit used to provide affordable housing if fewer 603 than 100 percent of the multifamily project’s residential units 604 are used to provide affordable housing meeting the requirements 605 of this section. 606 2. Up to 100 percent of the assessed value of each 607 residential unit used to provide affordable housing if 100 608 percent of the multifamily project’s residential units are used 609 to provide affordable housing meeting the requirements of this 610 section. 611 (2) If a residential unit that in the previous year 612 receivedqualified forthe exemption under this section and was 613 occupied by a tenant is vacant on January 1, the vacant unit may 614 qualify for the exemption under this section if the use of the 615 unit is restricted to providing affordable housing that would 616 otherwise meet the requirements of this section and a reasonable 617 effort is made to lease the unit to eligible persons or 618 families. 619 (3) An ordinance granting the exemption authorized by this 620 section must: 621 (d) Require the local entity to verify and certify property 622 that meets the requirements of the ordinance as qualified 623 property and forward the certification to the property owner and 624 the property appraiser. If the local entity denies the 625 application for certificationexemption, it must notify the 626 applicant and include reasons for the denial. 627 (f) Require the property owner to submit an application for 628 exemption, on a form prescribed by the department, accompanied 629 by the certification of qualified property, to the property 630 appraiser no later than the deadline specified in s. 196.011 631March 1. 632 (l) Require the county or municipality to post on its 633 website a list ofcertifiedproperties receiving the exemption 634 for the purpose of facilitating access to affordable housing. 635 (5) An ordinance adopted under this section must expire 636 before the fourth January 1 after adoption; however, the board 637 of county commissioners or the governing body of the 638 municipality may adopt a new ordinance to renew the exemption. 639 The board of county commissioners or the governing body of the 640 municipality shall deliver a copy of an ordinance adopted under 641 this section to the department and the property appraiser within 642 10 days after its adoption, but no later than January 1 of the 643 year such exemption will take effect. If the ordinance expires 644 or is repealed, the board of county commissioners or the 645 governing body of the municipality must notify the department 646 and the property appraiser within 10 days after its expiration 647 or repeal, but no later than January 1 of the year the repeal or 648 expiration of such exemption will take effect. 649 (6) The property appraiser shall review each application 650 for exemption and determine whether the applicant meets all of 651 the requirements of this section and is entitled to an 652 exemption. A property appraiser may request and review 653 additional information necessary to make such determination. A 654 property appraiser may grant an exemption only for a property 655 for which the local entity has certified as qualified property 656 and which the property appraiser determines is entitled to an 657 exemption. 658 (7) When determining the value of a unit for purposes of 659 applying an exemption pursuant to this section, the property 660 appraiser must include in such valuation the proportionate share 661 of the residential common areas, including the land, fairly 662 attributable to such unit. 663 Section 6. The amendments made by this act to ss. 196.1978 664 and 196.1979, Florida Statutes, are intended to be remedial and 665 clarifying in nature and apply retroactively to January 1, 2024. 666 Section 7. Present subsection (5) of section 333.03, 667 Florida Statutes, is redesignated as subsection (6), and a new 668 subsection (5) is added to that section, to read: 669 333.03 Requirement to adopt airport zoning regulations.— 670 (5) Sections 125.01055(7) and 166.04151(7) do not apply to 671 any of the following: 672 (a) A proposed development near a runway within one-quarter 673 of a mile laterally from the runway edge and within an area that 674 is the width of one-quarter of a mile extending at right angles 675 from the end of the runway for a distance of 10,000 feet of any 676 existing airport runway or planned airport runway identified in 677 the local government’s airport master plan. 678 (b) A proposed development within any airport noise zone 679 identified in the federal land use compatibility table or in a 680 land-use zoning or airport noise regulation adopted by the local 681 government. 682 (c) A proposed development that exceeds maximum height 683 restrictions identified in the political subdivision’s airport 684 zoning regulation adopted pursuant to this section. 685 Section 8. Subsection (35) of section 420.507, Florida 686 Statutes, is amended to read: 687 420.507 Powers of the corporation.—The corporation shall 688 have all the powers necessary or convenient to carry out and 689 effectuate the purposes and provisions of this part, including 690 the following powers which are in addition to all other powers 691 granted by other provisions of this part: 692 (35) To preclude any applicant, sponsor, or affiliate of an 693 applicant or sponsor from further participation in any of the 694 corporation’s programs as provided in s. 420.518, any applicant695or affiliate of an applicant which has made a material696misrepresentation or engaged in fraudulent actions in connection697with any application for a corporation program. 698 Section 9. Subsection (3) of section 420.5096, Florida 699 Statutes, is amended to read: 700 420.5096 Florida Hometown Hero Program.— 701 (3) For loans made available pursuant to s. 702 420.507(23)(a)1. or 2., the corporation may underwrite and make 703 those mortgage loans through the program to persons or families 704 who have household incomes that do not exceed 150 percent of the 705 state median income or local median income, whichever is 706 greater. A borrower must be seeking to purchase a home as a 707 primary residence; must be a first-time homebuyer and a Florida 708 resident; and must be employed full-time by a Florida-based 709 employer. The borrower must provide documentation of full-time 710 employment,or full-time status for self-employed individuals,711of 35 hours or more per week. The requirement to be a first-time 712 homebuyer does not apply to a borrower who is an active duty 713 servicemember of a branch of the armed forces or the Florida 714 National Guard, as defined in s. 250.01, or a veteran. 715 Section 10. Section 420.518, Florida Statutes, is amended 716 to read: 717 420.518 Preclusion from participation in corporation 718 programsFraudulent or material misrepresentation.— 719 (1) An applicant, a sponsor, or an affiliate of an 720 applicant or a sponsor may be precluded from participation in 721 any corporation program if the applicant or affiliate of the 722 applicant has: 723 (a) Made a material misrepresentation or engaged in 724 fraudulent actions in connection with any corporation program. 725 (b) Been convicted or found guilty of, or entered a plea of 726 guilty or nolo contendere to, regardless of adjudication, a 727 crime in any jurisdiction which directly relates to the 728 financing, construction, or management of affordable housing or 729 the fraudulent procurement of state or federal funds. The record 730 of a conviction certified or authenticated in such form as to be 731 admissible in evidence under the laws of the state shall be 732 admissible as prima facie evidence of such guilt. 733 (c) Been excluded from any federal funding program related 734 to the provision of housing, including debarment from 735 participation in federal housing programs by the United States 736 Department of Housing and Urban Development. 737 (d) Been excluded from any federal or Florida procurement 738 programs. 739 (e) Offered or given consideration, other than the 740 consideration to provide affordable housing, with respect to a 741 local contribution. 742 (f) Demonstrated a pattern of noncompliance and a failure 743 to correct any such noncompliance after notice from the 744 corporation in the construction, operation, or management of one 745 or more developments funded through a corporation program. 746 (g) Materially or repeatedly violated any condition imposed 747 by the corporation in connection with the administration of a 748 corporation program, including a land use restriction agreement, 749 an extended use agreement, or any other financing or regulatory 750 agreement with the corporation. 751 (2) Upon a determination by the board of directors of the 752 corporation that an applicant or affiliate of the applicant be 753 precluded from participation in any corporation program, the 754 board may issue an order taking any or all of the following 755 actions: 756 (a) Preclude such applicant or affiliate from applying for 757 funding from any corporation program for a specified period. The 758 period may be a specified period of time or permanent in nature. 759 With regard to establishing the duration, the board shall 760 consider the facts and circumstances, inclusive of the 761 compliance history of the applicant or affiliate of the 762 applicant, the type of action under subsection (1), and the 763 degree of harm to the corporation’s programs that has been or 764 may be done. 765 (b) Revoke any funding previously awarded by the 766 corporation for any development for which construction or 767 rehabilitation has not commenced. 768 (3) Before any order issued under this section can be 769 final, an administrative complaint must be served on the 770 applicant, affiliate of the applicant, or its registered agent 771 that provides notification of findings of the board, the 772 intended action, and the opportunity to request a proceeding 773 pursuant to ss. 120.569 and 120.57. 774 (4) Any funding, allocation of federal housing credits, 775 credit underwriting procedures, or application review for any 776 development for which construction or rehabilitation has not 777 commenced may be suspended by the corporation upon the service 778 of an administrative complaint on the applicant, affiliate of 779 the applicant, or its registered agent. The suspension shall be 780 effective from the date the administrative complaint is served 781 until an order issued by the corporation in regard to that 782 complaint becomes final. 783 Section 11. For the 2024-2025 fiscal year, from the funds 784 received and deposited into the General Revenue Fund from the 785 state’s allocation from the federal Coronavirus State Fiscal 786 Recovery Fund created under the American Rescue Plan Act of 787 2021, Pub. L. No. 117-2, the sum of $100 million in nonrecurring 788 funds is appropriated to the State Housing Trust Fund for use by 789 the Florida Housing Finance Corporation to implement the Florida 790 Hometown Hero Program established in s. 420.5096, Florida 791 Statutes. 792 Section 12. This act shall take effect upon becoming a law.