Florida Senate - 2023                                    SB 1212
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       40-01334A-23                                          20231212__
    1                        A bill to be entitled                      
    2         An act relating to affordable housing; amending s.
    3         125.01055, F.S.; providing that a provision
    4         authorizing the board of county commissioners to
    5         approve certain development projects does not apply in
    6         a specified area of critical state concern; amending
    7         s. 166.04151, F.S.; providing that a provision
    8         authorizing a municipality to approve certain
    9         development projects does not apply in a specified
   10         area of critical state concern; amending s. 420.9075,
   11         F.S.; providing that certain provisions governing
   12         awards made pursuant to local housing assistance plans
   13         do not apply to counties and municipalities within
   14         areas of critical state concern meeting certain
   15         criteria; providing for retroactive application and
   16         future expiration; providing an effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Subsection (6) of section 125.01055, Florida
   21  Statutes, is amended to read:
   22         125.01055 Affordable housing.—
   23         (6) Notwithstanding any other law, or local ordinance, or
   24  regulation to the contrary, the board of county commissioners
   25  may approve the development of housing that is affordable, as
   26  defined in s. 420.0004, on any parcel zoned for residential,
   27  commercial, or industrial use. If a parcel is zoned for
   28  commercial or industrial use, an approval pursuant to this
   29  subsection may include any residential development project,
   30  including a mixed-use residential development project, so long
   31  as at least 10 percent of the units included in the project are
   32  for housing that is affordable and the developer of the project
   33  agrees not to apply for or receive funding under s. 420.5087.
   34  The provisions of This subsection is are self-executing and does
   35  do not require the board of county commissioners to adopt an
   36  ordinance or a regulation before using the approval process in
   37  this subsection. This subsection does not apply to or prevail
   38  over laws or local ordinances adopted, administered, or enforced
   39  within an area of critical state concern, as designated in s.
   40  380.0552.
   41         Section 2. Subsection (6) of section 166.04151, Florida
   42  Statutes, is amended to read:
   43         166.04151 Affordable housing.—
   44         (6) Notwithstanding any other law, or local ordinance, or
   45  regulation to the contrary, the governing body of a municipality
   46  may approve the development of housing that is affordable, as
   47  defined in s. 420.0004, on any parcel zoned for residential,
   48  commercial, or industrial use. If a parcel is zoned for
   49  commercial or industrial use, an approval pursuant to this
   50  subsection may include any residential development project,
   51  including a mixed-use residential development project, so long
   52  as at least 10 percent of the units included in the project are
   53  for housing that is affordable and the developer of the project
   54  agrees not to apply for or receive funding under s. 420.5087.
   55  The provisions of This subsection is are self-executing and does
   56  do not require the governing body to adopt an ordinance or a
   57  regulation before using the approval process in this subsection.
   58  This subsection does not apply to or prevail over laws or local
   59  ordinances adopted, administered, or enforced within an area of
   60  critical state concern, as designated in s. 380.0552.
   61         Section 3. Paragraph (g) of subsection (5) of section
   62  420.9075, Florida Statutes, is amended to read:
   63         420.9075 Local housing assistance plans; partnerships.—
   64         (5) The following criteria apply to awards made to eligible
   65  sponsors or eligible persons for the purpose of providing
   66  eligible housing:
   67         (g)1. All units constructed, rehabilitated, or otherwise
   68  assisted with the funds provided from the local housing
   69  assistance trust fund must be occupied by very-low-income
   70  persons, low-income persons, and moderate-income persons except
   71  as otherwise provided in this section.
   72         2. At least 30 percent of the funds deposited into the
   73  local housing assistance trust fund must be reserved for awards
   74  to very-low-income persons or eligible sponsors who will serve
   75  very-low-income persons, and at least an additional 30 percent
   76  of the funds deposited into the local housing assistance trust
   77  fund must be reserved for awards to low-income persons or
   78  eligible sponsors who will serve low-income persons.
   79         3. Subparagraph 2. does not apply to a county or an
   80  eligible municipality that includes, or has included within the
   81  previous 5 years, an area of critical state concern designated
   82  or ratified by the Legislature to provide affordable housing.
   83  This subparagraph shall apply retroactively and expires July 1,
   84  2028.
   85         Section 4. This act shall take effect July 1, 2023.