Florida Senate - 2024                                    SB 1456
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       40-01528B-24                                          20241456__
    1                        A bill to be entitled                      
    2         An act relating to affordable housing in counties
    3         designated as areas of critical state concern;
    4         amending ss. 125.01055 and 166.04151, F.S.; excluding
    5         land designated as an area of critical state concern
    6         from county and municipality affordable housing
    7         provisions, respectively; amending s. 196.1979, F.S.;
    8         providing for an ad valorem property tax exemption of
    9         a specified amount for certain property used to
   10         provide affordable housing; specifying that certain
   11         housing units may be eligible for tax exemptions if
   12         certain requirements are met; providing applicability;
   13         conforming a provision to changes made by the act;
   14         amending s. 380.0552, F.S.; adding certain
   15         requirements to local comprehensive plans relating to
   16         a hurricane evaluation study; amending s. 380.0666,
   17         F.S.; revising the powers of the land authority;
   18         providing requirements for conveying affordable
   19         housing homeownership units; providing lien status
   20         prioritization for certain purposes; amending s.
   21         420.9075, F.S.; excluding land designated as an area
   22         of critical state concern within a specified timeframe
   23         from award requirements made to specified sponsors or
   24         persons for the purpose of providing eligible housing
   25         as a part of a local housing assistance plan;
   26         providing for expiration and retroactive
   27         applicability; authorizing counties that have been
   28         designated as areas of critical state concern to use
   29         specified tourist development tax revenue for
   30         affordable workforce or employee housing; providing an
   31         effective date.
   32          
   33  Be It Enacted by the Legislature of the State of Florida:
   34  
   35         Section 1. Subsection (5) of section 125.01055, Florida
   36  Statutes, is amended to read:
   37         125.01055 Affordable housing.—
   38         (5) Subsections Subsection (4) and (6) do does not apply in
   39  an area of critical state concern, as designated in s. 380.0552.
   40         Section 2. Subsection (5) of section 166.04151, Florida
   41  Statutes, is amended to read:
   42         166.04151 Affordable housing.—
   43         (5) Subsections Subsection (4) and (6) do does not apply in
   44  an area of critical state concern, as designated by s. 380.0552
   45  or chapter 28-36, Florida Administrative Code.
   46         Section 3. Paragraph (b) of subsection (1) and paragraph
   47  (e) of subsection (3) of section 196.1979, Florida Statutes, are
   48  amended, and paragraph (d) is added to subsection (1) of that
   49  section, to read:
   50         196.1979 County and municipal affordable housing property
   51  exemption.—
   52         (1)
   53         (b) Qualified property may receive an ad valorem property
   54  tax exemption of:
   55         1. Up to 75 percent of the assessed value of each
   56  residential unit used to provide affordable housing if fewer
   57  than 100 percent of the multifamily project’s residential units
   58  are used to provide affordable housing meeting the requirements
   59  of this section.
   60         2. Up to 100 percent of the assessed value if 100 percent
   61  of the multifamily project’s residential units are used to
   62  provide affordable housing meeting the requirements of this
   63  section.
   64         3.Up to 100 percent of the assessed value if the
   65  residential unit is a single-family residential unit or a
   66  residential duplex, and such property is used to provide
   67  affordable housing meeting the requirements of this section.
   68         (d)1.Notwithstanding subparagraph (a)2., a housing unit
   69  located within the Florida Keys Area pursuant to s. 380.0552 or
   70  the Key West Area pursuant to chapter 28-36, Florida
   71  Administrative Code, as amended, effective August 23, 1984, may
   72  be eligible for a tax exemption under this section if the
   73  housing unit meets the requirements of this section and the unit
   74  is being offered for rent.
   75         2.This paragraph first applies to the 2025 tax roll.
   76         (3) An ordinance granting the exemption authorized by this
   77  section must:
   78         (e) Require the eligible unit to meet the eligibility
   79  criteria of paragraph (1)(a) or paragraph (1)(d).
   80         Section 4. Paragraph (a) of subsection (9) of section
   81  380.0552, Florida Statutes, is amended to read:
   82         380.0552 Florida Keys Area; protection and designation as
   83  area of critical state concern.—
   84         (9) MODIFICATION TO PLANS AND REGULATIONS.—
   85         (a) Any land development regulation or element of a local
   86  comprehensive plan in the Florida Keys Area may be enacted,
   87  amended, or rescinded by a local government, but the enactment,
   88  amendment, or rescission becomes effective only upon approval by
   89  the state land planning agency. The state land planning agency
   90  shall review the proposed change to determine if it is in
   91  compliance with the principles for guiding development specified
   92  in chapter 27F-8, Florida Administrative Code, as amended
   93  effective August 23, 1984, and must approve or reject the
   94  requested changes within 60 days after receipt. Amendments to
   95  local comprehensive plans in the Florida Keys Area must also be
   96  reviewed for compliance with the following:
   97         1. Construction schedules and detailed capital financing
   98  plans for wastewater management improvements in the annually
   99  adopted capital improvements element, and standards for the
  100  construction of wastewater treatment and disposal facilities or
  101  collection systems that meet or exceed the criteria in s.
  102  403.086(11) for wastewater treatment and disposal facilities or
  103  s. 381.0065(4)(l) for onsite sewage treatment and disposal
  104  systems.
  105         2. Goals, objectives, and policies to protect public safety
  106  and welfare in the event of a natural disaster by maintaining a
  107  hurricane evacuation clearance time for permanent residents of
  108  no more than 24 hours. The hurricane evacuation clearance time
  109  shall be determined by a hurricane evacuation study conducted in
  110  accordance with a professionally accepted methodology and
  111  approved by the state land planning agency. For purposes of
  112  hurricane evacuation clearance time modeling:
  113         a.Mobile home residents are not considered permanent
  114  residents.
  115         b.The Key West Area pursuant to chapter 28-36, Florida
  116  Administrative Code, as amended, effective August 23, 1984,
  117  shall be included in the hurricane evaluation study.
  118         Section 5. Subsection (14) of section 380.0666, Florida
  119  Statutes, is added to read:
  120         380.0666 Powers of land authority.—The land authority shall
  121  have all the powers necessary or convenient to carry out and
  122  effectuate the purposes and provisions of this act, including
  123  the following powers, which are in addition to all other powers
  124  granted by other provisions of this act:
  125         (14)For affordable housing homeownership units, to require
  126  compliance with the income requirements under paragraph (3)(a)
  127  at the time of conveyance each time a unit is conveyed. The
  128  original land authority funding or contribution shall be
  129  memorialized in a recordable perpetual deed restriction. If the
  130  purchase receives state or federal funding and that state or
  131  federal funding program requires a priority lien position over
  132  the land authority deed restriction, the land authority funding
  133  or contribution may be subordinate to a first purchase money
  134  mortgage and the state or federal funding lien.
  135         Section 6. Paragraph (g) of subsection (5) of section
  136  420.9075, Florida Statutes, is amended to read:
  137         420.9075 Local housing assistance plans; partnerships.—
  138         (5) The following criteria apply to awards made to eligible
  139  sponsors or eligible persons for the purpose of providing
  140  eligible housing:
  141         (g)1. All units constructed, rehabilitated, or otherwise
  142  assisted with the funds provided from the local housing
  143  assistance trust fund must be occupied by very-low-income
  144  persons, low-income persons, and moderate-income persons except
  145  as otherwise provided in this section.
  146         2.a. At least 30 percent of the funds deposited into the
  147  local housing assistance trust fund must be reserved for awards
  148  to very-low-income persons or eligible sponsors who will serve
  149  very-low-income persons, and at least an additional 30 percent
  150  of the funds deposited into the local housing assistance trust
  151  fund must be reserved for awards to low-income persons or
  152  eligible sponsors who will serve low-income persons.
  153         b.This subparagraph does not apply to a county or an
  154  eligible municipality that includes or has included within the
  155  previous 5 years an area of critical state concern designated by
  156  the Legislature for which the Legislature has declared its
  157  intent to provide affordable housing. This sub-subparagraph
  158  expires on July 1, 2029, and applies retroactively.
  159         Section 7. A county that has been designated as an area of
  160  critical state concern by the Legislature and which levies a
  161  tourist development tax pursuant to s. 125.0104, Florida
  162  Statutes, and a tourist impact tax pursuant to s. 125.0108,
  163  Florida Statutes, may transfer its cumulative surplus tourist
  164  development tax revenue through the fiscal year ending September
  165  30, 2024, which shall be distributed pursuant to s. 125.0108(3),
  166  Florida Statutes, to provide for and support workforce housing
  167  for employees due to impacts from tourist-related businesses
  168  within the county.
  169         Section 8. This act shall take effect July 1, 2024.