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) SubsectionsSubsection(4) and (6) dodoesnot 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) SubsectionsSubsection(4) and (6) dodoesnot 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.