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The Florida Senate

CS/CS/SB 962 — Residential Development Projects for Affordable Housing

by Rules Committee; Transportation Committee; Senators Bradley and Taddeo

This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.

Prepared by: Community Affairs Committee (CA)

Current law authorizes a county or municipality to approve the development of affordable housing on any parcel zoned for residential, commercial, or industrial use regardless of zoning ordinances or the locality’s comprehensive plan, but does not specifically address mixed-use residential projects or the portion of units that must be reserved for affordable housing.

The bill expounds on this provision to clarify that a county or municipality may, notwithstanding any other provision of law (such as a comprehensive plan or zoning ordinance), approve the development of any residential development project, including a mixed-use residential development project, on any parcel zoned for commercial or industrial use if at least 10 percent of the project’s units are reserved for housing that is affordable. The sponsor of such a project must additionally agree not to apply for or receive funding from the state’s multi-family affordable housing program, known as the State Apartment Incentive Loan program.

The bill also clarifies that new and existing provisions allowing for approval of affordable housing projects notwithstanding other laws are self-executing and do not require further action by local governments before using this approval process.

If approved by the Governor, these provisions take effect upon becoming law. 

Vote: Senate 39-0; House 112-0