Florida Senate - 2024 COMMITTEE AMENDMENT
Bill No. CS for SB 328
Ì143920|Î143920
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
01/31/2024 .
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The Committee on Fiscal Policy (Calatayud) recommended the
following:
1 Senate Substitute for Amendment (720816) (with title
2 amendment)
3
4 Delete lines 80 - 505
5 and insert:
6 residential as allowable uses in any area zoned for commercial,
7 industrial, or mixed use if at least 40 percent of the
8 residential units in a proposed multifamily rental development
9 are rental units that, for a period of at least 30 years, are
10 affordable as defined in s. 420.0004. Notwithstanding any other
11 law, local ordinance, or regulation to the contrary, a county
12 may not require a proposed multifamily development to obtain a
13 zoning or land use change, special exception, conditional use
14 approval, variance, or comprehensive plan amendment for the
15 building height, zoning, and densities authorized under this
16 subsection. For mixed-use residential projects, at least 65
17 percent of the total square footage must be used for residential
18 purposes.
19 (b) A county may not restrict the density of a proposed
20 development authorized under this subsection below the highest
21 currently allowed density on any unincorporated land in the
22 county where residential development is allowed under the
23 county’s land development regulations. For purposes of this
24 paragraph, the term “highest currently allowed density” does not
25 include the density of any development that met the requirements
26 of this subsection or the density of any development which has
27 received any bonus, variance, or other special exception for
28 density provided in the county’s land development regulations as
29 an incentive for development.
30 (c) A county may not restrict the floor area ratio of a
31 proposed development authorized under this subsection below the
32 highest currently allowed floor area ratio on any unincorporated
33 land in the county where development is allowed under the
34 county’s land development regulations. For purposes of this
35 paragraph, the term “highest currently allowed floor area ratio”
36 does not include the floor area ratio of any development that
37 met the requirements of this subsection or the floor area ratio
38 of any development which has received any bonus, variance, or
39 other special exception for floor area ratio provided in the
40 county’s land development regulations as an incentive for
41 development. For purposes of this subsection, the term floor
42 area ratio includes floor lot ratio.
43 (d)1.(c) A county may not restrict the height of a proposed
44 development authorized under this subsection below the highest
45 currently allowed height for a commercial or residential
46 building development located in its jurisdiction within 1 mile
47 of the proposed development or 3 stories, whichever is higher.
48 For purposes of this paragraph, the term “highest currently
49 allowed height” does not include the height of any development
50 that met the requirements of this subsection or the height of
51 any development which has received any bonus, variance, or other
52 special exception for height provided in the county’s land
53 development regulations as an incentive for development.
54 2. If the proposed development is adjacent to, on two or
55 more sides, a parcel zoned for single-family residential use
56 that is within a single-family residential development with at
57 least 25 contiguous single-family homes, the county may restrict
58 the height of the proposed development to 150 percent of the
59 tallest building on property within one-quarter mile of the
60 proposed development or 3 stories, whichever is higher.
61 (e)(d) A proposed development authorized under this
62 subsection must be administratively approved and no further
63 action by the board of county commissioners is required if the
64 development satisfies the county’s land development regulations
65 for multifamily developments in areas zoned for such use and is
66 otherwise consistent with the comprehensive plan, with the
67 exception of provisions establishing allowable densities,
68 height, and land use. Such land development regulations include,
69 but are not limited to, regulations relating to setbacks and
70 parking requirements. A proposed development located within one
71 quarter mile of a military installation identified in s.
72 163.3175(2) may not be administratively approved. Each county
73 shall maintain on its website a policy containing procedures and
74 expectations for administrative approval pursuant to this
75 subsection.
76 (f)1.(e) A county must consider reducing parking
77 requirements for a proposed development authorized under this
78 subsection if the development is located within one-quarter one
79 half mile of a major transit stop, as defined in the county’s
80 land development code, and the major transit stop is accessible
81 from the development.
82 2. A county must reduce parking requirements by 20 percent
83 for a proposed development authorized under this subsection if
84 the development:
85 a. Is located within one-half mile of a major
86 transportation hub that is accessible from the proposed
87 development by safe, pedestrian-friendly means, such as
88 sidewalks, crosswalks, elevated pedestrian or bike paths, or
89 other multimodal design features; and
90 b. Has available parking within 600 feet of the proposed
91 development which may consist of options such as on-street
92 parking, parking lots, or parking garages available for use by
93 residents of the proposed development.
94 3. A county must eliminate parking requirements for a
95 proposed mixed-use residential development authorized under this
96 subsection within an area recognized by the county as a transit
97 oriented development or area, as provided in paragraph (h).
98 4. For purposes of this paragraph, the term “major
99 transportation hub” means any transit station, whether bus,
100 train, or light rail, which is served by public transit with a
101 mix of other transportation options.
102 (g)(f) For proposed multifamily developments in an
103 unincorporated area zoned for commercial or industrial use which
104 is within the boundaries of a multicounty independent special
105 district that was created to provide municipal services and is
106 not authorized to levy ad valorem taxes, and less than 20
107 percent of the land area within such district is designated for
108 commercial or industrial use, a county must authorize, as
109 provided in this subsection, such development only if the
110 development is mixed-use residential.
111 (h) A proposed development authorized under this subsection
112 which is located within a transit-oriented development or area,
113 as recognized by the county, must be mixed-use residential and
114 otherwise comply with requirements of the county’s regulations
115 applicable to the transit-oriented development or area except
116 for use, height, density, and floor area ratio as provided in
117 this subsection or as otherwise agreed to by the county and the
118 applicant for the development.
119 (i)(g) Except as otherwise provided in this subsection, a
120 development authorized under this subsection must comply with
121 all applicable state and local laws and regulations.
122 (j)1. Nothing in this subsection precludes a county from
123 granting a bonus, variance, conditional use, or other special
124 exception for height, density, or floor area ratio in addition
125 to the height, density, and floor area ratio requirements in
126 this subsection.
127 2. Nothing in this subsection precludes a proposed
128 development authorized under this subsection from receiving a
129 bonus for density, height, or floor area ratio pursuant to an
130 ordinance or regulation of the jurisdiction where the proposed
131 development is located if the proposed development satisfies the
132 conditions to receive the bonus except for any condition which
133 conflicts with this subsection.
134 (k)(h) This subsection does not apply to:
135 1. Airport-impacted areas as provided in s. 333.03.
136 2. Property defined as recreational and commercial working
137 waterfront in s. 342.201(2)(b) in any area zoned as industrial.
138 (l)(i) This subsection expires October 1, 2033.
139 (8) Any development authorized under paragraph (7)(a) must
140 be treated as a conforming use even after the expiration of
141 subsection (7) and the development’s affordability period as
142 provided in paragraph (7)(a), notwithstanding the county’s
143 comprehensive plan, future land use designation, or zoning. If
144 at any point during the development’s affordability period the
145 development violates the affordability period requirement
146 provided in paragraph (7)(a), the development must be allowed a
147 reasonable time to cure such violation. If the violation is not
148 cured within a reasonable time, the development must be treated
149 as a nonconforming use.
150 Section 2. Subsection (7) of section 166.04151, Florida
151 Statutes, is amended, and subsection (8) is added to that
152 section, to read:
153 166.04151 Affordable housing.—
154 (7)(a) A municipality must authorize multifamily and mixed
155 use residential as allowable uses in any area zoned for
156 commercial, industrial, or mixed use if at least 40 percent of
157 the residential units in a proposed multifamily rental
158 development are rental units that, for a period of at least 30
159 years, are affordable as defined in s. 420.0004. Notwithstanding
160 any other law, local ordinance, or regulation to the contrary, a
161 municipality may not require a proposed multifamily development
162 to obtain a zoning or land use change, special exception,
163 conditional use approval, variance, or comprehensive plan
164 amendment for the building height, zoning, and densities
165 authorized under this subsection. For mixed-use residential
166 projects, at least 65 percent of the total square footage must
167 be used for residential purposes.
168 (b) A municipality may not restrict the density of a
169 proposed development authorized under this subsection below the
170 highest currently allowed density on any land in the
171 municipality where residential development is allowed under the
172 municipality’s land development regulations. For purposes of
173 this paragraph, the term “highest currently allowed density”
174 does not include the density of any development that met the
175 requirements of this subsection or the density of any
176 development which has received any bonus, variance, or other
177 special exception for density provided in the municipality’s
178 land development regulations as an incentive for development.
179 (c) A municipality may not restrict the floor area ratio of
180 a proposed development authorized under this subsection below
181 the highest currently allowed floor area ratio on any land in
182 the municipality where development is allowed under the
183 municipality’s land development regulations. For purposes of
184 this paragraph, the term “highest currently allowed floor area
185 ratio” does not include the floor area ratio of any development
186 that met the requirements of this subsection or the floor area
187 ratio of any development which has received any bonus, variance,
188 or other special exception for floor area ratio provided in the
189 municipality’s land development regulations as an incentive for
190 development. For purposes of this subsection, the term floor
191 area ratio includes floor lot ratio.
192 (d)1.(c) A municipality may not restrict the height of a
193 proposed development authorized under this subsection below the
194 highest currently allowed height for a commercial or residential
195 building development located in its jurisdiction within 1 mile
196 of the proposed development or 3 stories, whichever is higher.
197 For purposes of this paragraph, the “highest currently allowed
198 height” does not include the height of any development that met
199 the requirements of this subsection or the height of any
200 development which has received any bonus, variance, or other
201 special exception for height provided in the municipality’s land
202 development regulations as an incentive for development.
203 2. If the proposed development is adjacent to, on two or
204 more sides, a parcel zoned for single-family residential use
205 that is within a single-family residential development with at
206 least 25 contiguous single-family homes, the municipality may
207 restrict the height of the proposed development to 150 percent
208 of the tallest building on property within one-quarter mile of
209 the proposed development or 3 stories, whichever is higher.
210 (e)(d) A proposed development authorized under this
211 subsection must be administratively approved and no further
212 action by the governing body of the municipality is required if
213 the development satisfies the municipality’s land development
214 regulations for multifamily developments in areas zoned for such
215 use and is otherwise consistent with the comprehensive plan,
216 with the exception of provisions establishing allowable
217 densities, height, and land use. Such land development
218 regulations include, but are not limited to, regulations
219 relating to setbacks and parking requirements. A proposed
220 development located within one-quarter mile of a military
221 installation identified in s. 163.3175(2) may not be
222 administratively approved. Each municipality shall maintain on
223 its website a policy containing procedures and expectations for
224 administrative approval pursuant to this subsection.
225 (f)1.(e) A municipality must consider reducing parking
226 requirements for a proposed development authorized under this
227 subsection if the development is located within one-quarter one
228 half mile of a major transit stop, as defined in the
229 municipality’s land development code, and the major transit stop
230 is accessible from the development.
231 2. A municipality must reduce parking requirements by 20
232 percent for a proposed development authorized under this
233 subsection if the development:
234 a. Is located within one-half mile of a major
235 transportation hub that is accessible from the proposed
236 development by safe, pedestrian-friendly means, such as
237 sidewalks, crosswalks, elevated pedestrian or bike paths, or
238 other multimodal design features.
239 b. Has available parking within 600 feet of the proposed
240 development which may consist of options such as on-street
241 parking, parking lots, or parking garages available for use by
242 residents of the proposed development.
243 3. A municipality must eliminate parking requirements for a
244 proposed mixed-use residential development authorized under this
245 subsection within an area recognized by the municipality as a
246 transit-oriented development or area, as provided in paragraph
247 (h).
248 4. For purposes of this paragraph, the term “major
249 transportation hub” means any transit station, whether bus,
250 train, or light rail, which is served by public transit with a
251 mix of other transportation options.
252 (g)(f) A municipality that designates less than 20 percent
253 of the land area within its jurisdiction for commercial or
254 industrial use must authorize a proposed multifamily development
255 as provided in this subsection in areas zoned for commercial or
256 industrial use only if the proposed multifamily development is
257 mixed-use residential.
258 (h) A proposed development authorized under this subsection
259 which is located within a transit-oriented development or area,
260 as recognized by the municipality, must be mixed-use residential
261 and otherwise comply with requirements of the municipality’s
262 regulations applicable to the transit-oriented development or
263 area except for use, height, density, and floor area ratio as
264 provided in this subsection or as otherwise agreed to by the
265 municipality and the applicant for the development.
266 (i)(g) Except as otherwise provided in this subsection, a
267 development authorized under this subsection must comply with
268 all applicable state and local laws and regulations.
269 (j)1. Nothing in this subsection precludes a municipality
270 from granting a bonus, variance, conditional use, or other
271 special exception to height, density, or floor area ratio in
272 addition to the height, density, and floor area ratio
273 requirements in this subsection.
274 2. Nothing in this subsection precludes a proposed
275 development authorized under this subsection from receiving a
276 bonus for density, height, or floor area ratio pursuant to an
277 ordinance or regulation of the jurisdiction where the proposed
278 development is located if the proposed development satisfies the
279 conditions to receive the bonus except for any condition which
280 conflicts with this subsection.
281 (k)(h) This subsection does not apply to:
282 1. Airport-impacted areas as provided in s. 333.03.
283 2. Property defined as recreational and commercial working
284 waterfront in s. 342.201(2)(b) in any area zoned as industrial.
285 (l)(i) This subsection expires October 1, 2033.
286 (8) Any development authorized under paragraph (7)(a) must
287 be treated as a conforming use even after the expiration of
288 subsection (7) and the development’s affordability period as
289 provided in paragraph (7)(a), notwithstanding the municipality’s
290 comprehensive plan, future land use designation, or zoning. If
291 at any point during the development’s affordability period the
292 development violates the affordability period requirement
293 provided in paragraph (7)(a), the development must be allowed a
294 reasonable time to cure such violation. If the violation is not
295 cured within a reasonable time, the development must be treated
296 as a nonconforming use.
297 Section 3. Subsection (3) of section 196.1978, Florida
298 Statutes, is amended to read:
299 196.1978 Affordable housing property exemption.—
300 (3)(a) As used in this subsection, the term:
301 1. “Corporation” means the Florida Housing Finance
302 Corporation.
303 2. “Newly constructed” means an improvement to real
304 property which was substantially completed within 5 years before
305 the date of an applicant’s first submission of a request for a
306 certification notice or an application for an exemption pursuant
307 to this subsection section, whichever is earlier.
308 3. “Substantially completed” has the same meaning as in s.
309 192.042(1).
310 (b) Notwithstanding ss. 196.195 and 196.196, portions of
311 property in a multifamily project are considered property used
312 for a charitable purpose and are eligible to receive an ad
313 valorem property tax exemption if such portions meet all of the
314 following conditions:
315 1. Provide affordable housing to natural persons or
316 families meeting the income limitations provided in paragraph
317 (d).;
318 2.a. Are within a newly constructed multifamily project
319 that contains more than 70 units dedicated to housing natural
320 persons or families meeting the income limitations provided in
321 paragraph (d); or
322 b. Are within a newly constructed multifamily project in an
323 area of critical state concern, as designated by s. 380.0552 or
324 chapter 28-36, Florida Administrative Code, which contains more
325 than 10 units dedicated to housing natural persons or families
326 meeting the income limitations provided in paragraph (d). and
327 3. Are rented for an amount that does not exceed the amount
328 as specified by the most recent multifamily rental programs
329 income and rent limit chart posted by the corporation and
330 derived from the Multifamily Tax Subsidy Projects Income Limits
331 published by the United States Department of Housing and Urban
332 Development or 90 percent of the fair market value rent as
333 determined by a rental market study meeting the requirements of
334 paragraph (l) (m), whichever is less.
335 (c) If a unit that in the previous year received qualified
336 for the exemption under this subsection and was occupied by a
337 tenant is vacant on January 1, the vacant unit is eligible for
338 the exemption if the use of the unit is restricted to providing
339 affordable housing that would otherwise meet the requirements of
340 this subsection and a reasonable effort is made to lease the
341 unit to eligible persons or families.
342 (d)1. The property appraiser shall exempt:
343 a. Seventy-five percent of the assessed value of the units
344 in multifamily projects that meet the requirements of this
345 subsection and are Qualified property used to house natural
346 persons or families whose annual household income is greater
347 than 80 percent but not more than 120 percent of the median
348 annual adjusted gross income for households within the
349 metropolitan statistical area or, if not within a metropolitan
350 statistical area, within the county in which the person or
351 family resides; and, must receive an ad valorem property tax
352 exemption of 75 percent of the assessed value.
353 b.2. From ad valorem property taxes the units in
354 multifamily projects that meet the requirements of this
355 subsection and are Qualified property used to house natural
356 persons or families whose annual household income does not
357 exceed 80 percent of the median annual adjusted gross income for
358 households within the metropolitan statistical area or, if not
359 within a metropolitan statistical area, within the county in
360 which the person or family resides, is exempt from ad valorem
361 property taxes.
362 2. When determining the value of a unit for purposes of
363 applying an exemption pursuant to this paragraph, the property
364 appraiser must include in such valuation the proportionate share
365 of the residential common areas, including the land, fairly
366 attributable to such unit.
367 (e) To be eligible to receive an exemption under this
368 subsection, a property owner must submit an application on a
369 form prescribed by the department by March 1 for the exemption,
370 accompanied by a certification notice from the corporation to
371 the property appraiser. The property appraiser shall review the
372 application and determine whether the applicant meets all of the
373 requirements of this subsection and is entitled to an exemption.
374 A property appraiser may request and review additional
375 information necessary to make such determination. A property
376 appraiser may grant an exemption only for a property for which
377 the corporation has issued a certification notice and which the
378 property appraiser determines is entitled to an exemption.
379 (f) To receive a certification notice, a property owner
380 must submit a request to the corporation for certification on a
381 form provided by the corporation which includes all of the
382 following:
383 1. The most recently completed rental market study meeting
384 the requirements of paragraph (l) (m).
385 2. A list of the units for which the property owner seeks
386 an exemption.
387 3. The rent amount received by the property owner for each
388 unit for which the property owner seeks an exemption. If a unit
389 is vacant and qualifies for an exemption under paragraph (c),
390 the property owner must provide evidence of the published rent
391 amount for each vacant unit.
392 4. A sworn statement, under penalty of perjury, from the
393 applicant restricting the property for a period of not less than
394 3 years to housing persons or families who meet the income
395 limitations under this subsection.
396 (g) The corporation shall review the request for a
397 certification notice and certify whether a property that meets
398 the eligibility criteria of paragraphs (b) and (c) this
399 subsection. A determination by the corporation regarding a
400 request for a certification notice does not constitute a grant
401 of an exemption pursuant to this subsection or final agency
402 action pursuant to chapter 120.
403 1. If the corporation determines that the property meets
404 the eligibility criteria for an exemption under this subsection,
405 the corporation must send a certification notice to the property
406 owner and the property appraiser.
407 2. If the corporation determines that the property does not
408 meet the eligibility criteria, the corporation must notify the
409 property owner and include the reasons for such determination.
410 (h) The corporation shall post on its website the deadline
411 to submit a request for a certification notice. The deadline
412 must allow adequate time for a property owner to submit a timely
413 application for exemption to the property appraiser.
414 (i) The property appraiser shall review the application and
415 determine if the applicant is entitled to an exemption. A
416 property appraiser may grant an exemption only for a property
417 for which the corporation has issued a certification notice.
418 (j) If the property appraiser determines that for any year
419 during the immediately previous 10 years a person who was not
420 entitled to an exemption under this subsection was granted such
421 an exemption, the property appraiser must serve upon the owner a
422 notice of intent to record in the public records of the county a
423 notice of tax lien against any property owned by that person in
424 the county, and that property must be identified in the notice
425 of tax lien. Any property owned by the taxpayer and situated in
426 this state is subject to the taxes exempted by the improper
427 exemption, plus a penalty of 50 percent of the unpaid taxes for
428 each year and interest at a rate of 15 percent per annum. If an
429 exemption is improperly granted as a result of a clerical
430 mistake or an omission by the property appraiser, the property
431 owner improperly receiving the exemption may not be assessed a
432 penalty or interest.
433 (j)(k) Units subject to an agreement with the corporation
434 pursuant to chapter 420 recorded in the official records of the
435 county in which the property is located to provide housing to
436 natural persons or families meeting the extremely-low-income,
437 very-low-income, or low-income limits specified in s. 420.0004
438 are not eligible for this exemption.
439 (k)(l) Property receiving an exemption pursuant to s.
440 196.1979 is not eligible for this exemption.
441 (l)(m) A rental market study submitted as required by
442 subparagraph (f)1. paragraph (f) must identify the fair market
443 value rent of each unit for which a property owner seeks an
444 exemption. Only a certified general appraiser as defined in s.
445 475.611 may issue a rental market study. The certified general
446 appraiser must be independent of the property owner who requests
447 the rental market study. In preparing the rental market study, a
448 certified general appraiser shall comply with the standards of
449 professional practice pursuant to part II of chapter 475 and use
450 comparable property within the same geographic area and of the
451 same type as the property for which the exemption is sought. A
452 rental market study must have been completed within 3 years
453 before submission of the application.
454 (m)(n) The corporation may adopt rules to implement this
455 section.
456 (n)(o) This subsection first applies to the 2024 tax roll
457 and is repealed December 31, 2059.
458 Section 4. Paragraph (b) of subsection (1), subsection (2),
459 paragraphs (d), (f), and (l) of subsection (3), and subsection
460 (5) of section 196.1979, Florida Statutes, are amended, present
461 subsections (6) and (7) are redesignated as subsections (8) and
462 (9), respectively, and new subsections (6) and (7) are added to
463 that section, to read:
464 196.1979 County and municipal affordable housing property
465 exemption.—
466 (1)
467 (b) Qualified property may receive an ad valorem property
468 tax exemption of:
469 1. Up to 75 percent of the assessed value of each
470 residential unit used to provide affordable housing if fewer
471 than 100 percent of the multifamily project’s residential units
472 are used to provide affordable housing meeting the requirements
473 of this section.
474 2. Up to 100 percent of the assessed value of each
475 residential unit used to provide affordable housing if 100
476 percent of the multifamily project’s residential units are used
477 to provide affordable housing meeting the requirements of this
478 section.
479 (2) If a residential unit that in the previous year
480 received qualified for the exemption under this section and was
481 occupied by a tenant is vacant on January 1, the vacant unit may
482 qualify for the exemption under this section if the use of the
483 unit is restricted to providing affordable housing that would
484 otherwise meet the requirements of this section and a reasonable
485 effort is made to lease the unit to eligible persons or
486 families.
487 (3) An ordinance granting the exemption authorized by this
488 section must:
489 (d) Require the local entity to verify and certify property
490 that meets the requirements of the ordinance as qualified
491 property and forward the certification to the property owner and
492 the property appraiser. If the local entity denies the
493 application for certification exemption, it must notify the
494 applicant and include reasons for the denial.
495 (f) Require the property owner to submit an application for
496 exemption, on a form prescribed by the department, accompanied
497 by the certification of qualified property, to the property
498 appraiser no later than the deadline specified in s. 196.011
499 March 1.
500 (l) Require the county or municipality to post on its
501 website a list of certified properties receiving the exemption
502 for the purpose of facilitating access to affordable housing.
503 (5) An ordinance adopted under this section must expire
504 before the fourth January 1 after adoption; however, the board
505 of county commissioners or the governing body of the
506 municipality may adopt a new ordinance to renew the exemption.
507 The board of county commissioners or the governing body of the
508 municipality shall deliver a copy of an ordinance adopted under
509 this section to the department and the property appraiser within
510 10 days after its adoption, but no later than January 1 of the
511 year such exemption will take effect. If the ordinance expires
512 or is repealed, the board of county commissioners or the
513 governing body of the municipality must notify the department
514 and the property appraiser within 10 days after its expiration
515 or repeal, but no later than January 1 of the year the repeal or
516 expiration of such exemption will take effect.
517 (6) The property appraiser shall review each application
518 for exemption and determine whether the applicant meets all of
519 the requirements of this section and is entitled to an
520 exemption. A property appraiser may request and review
521 additional information necessary to make such determination. A
522 property appraiser may grant an exemption only for a property
523 for which the local entity has certified as qualified property
524 and which the property appraiser determines is entitled to an
525 exemption.
526 (7) When determining the value of a unit for purposes of
527 applying an exemption pursuant to this section, the property
528 appraiser must include in such valuation the proportionate share
529 of the residential common areas, including the land, fairly
530 attributable to such unit.
531 Section 5. The amendments made by this act to ss. 196.1978,
532 and 196.1979, Florida Statutes, are intended to be remedial and
533 clarifying in nature and apply retroactively to January 1, 2024.
534 Section 6. Present subsection (5) of section 333.03,
535 Florida Statutes, is redesignated as subsection (6), and a new
536 subsection (5) is added to that section, to read:
537 333.03 Requirement to adopt airport zoning regulations.—
538 (5) Sections 125.01055(7) and 166.04151(7) do not apply to
539 any of the following:
540 (a) A proposed development near a runway within one-quarter
541 of a mile laterally from the runway edge and within an area that
542 is the width of one-quarter of a mile extending at right angles
543 from the end of the runway for a distance of 10,000 feet of any
544 existing airport runway or planned airport runway identified in
545 the local government’s airport master plan.
546 (b) A proposed development within any airport noise zone
547 identified in the federal land use compatibility table or in a
548 land-use zoning or airport noise regulation adopted by the local
549 government.
550
551 ================= T I T L E A M E N D M E N T ================
552 And the title is amended as follows:
553 Delete lines 3 - 61
554 and insert:
555 125.01055 and 166.04151, F.S.; clarifying application;
556 prohibiting counties and municipalities, respectively,
557 from restricting the floor area ratio of certain
558 proposed developments under certain circumstances;
559 providing that the density, floor area ratio, or
560 height of certain developments, bonuses, variances, or
561 other special exceptions are not included in the
562 calculation of the currently allowed density, floor
563 area ratio, or height by counties and municipalities,
564 respectively; authorizing counties and municipalities,
565 respectively, to restrict the height of proposed
566 developments under certain circumstances; prohibiting
567 the administrative approval by counties and
568 municipalities, respectively, of a proposed
569 development within a specified proximity to a military
570 installation; requiring counties and municipalities,
571 respectively, to maintain a certain policy on their
572 websites; requiring counties and municipalities,
573 respectively, to consider reducing parking
574 requirements under certain circumstances; requiring
575 counties and municipalities, respectively, to reduce
576 or eliminate parking requirements for certain proposed
577 mixed-use developments that meet certain requirements;
578 defining the term “major transportation hub”;
579 providing certain requirements for developments
580 located within a transit-oriented development or area;
581 making technical changes; providing requirements for
582 developments authorized as a transit-oriented
583 development or area; clarifying that a county or
584 municipality, respectively, is not precluded from
585 granting additional exceptions; clarifying that a
586 proposed development is not precluded from receiving a
587 bonus for density, height, or floor area ratio if
588 specified conditions are satisfied; authorizing
589 specified developments to be treated as a conforming
590 use; amending s. 196.1978, F.S.; revising the
591 definition of the term “newly constructed”; revising
592 conditions for when multifamily projects are
593 considered property used for a charitable purpose and
594 are eligible to receive an ad valorem property tax
595 exemption; making technical changes; requiring
596 property appraisers to make certain exemptions from ad
597 valorem property taxes; providing the method for
598 determining the value of a unit for certain purposes;
599 requiring property appraisers to review certain
600 applications and make certain determinations;
601 authorizing property appraisers to request and review
602 additional information; authorizing property
603 appraisers to grant exemptions only under certain
604 conditions; revising requirements for property owners
605 seeking a certification notice from the Florida
606 Housing Finance Corporation; providing that a certain
607 determination by the corporation does not constitute
608 an exemption; conforming provisions to changes made by
609 the act; amending s. 196.1979, F.S.; revising the
610 value to which a certain ad valorem property tax
611 exemption applies; revising a condition of eligibility
612 for vacant residential units to qualify for a certain
613 ad valorem property tax exemption; making technical
614 changes; revising the deadline for an application for
615 exemption; revising deadlines by which boards and
616 governing bodies must deliver or notify the Department
617 of Revenue of the adoption, repeal, or expiration, of
618 certain ordinances; requiring property appraisers to
619 review certain applications and make certain
620 determinations; authorizing property appraisers to
621 request and review additional information; authorizing
622 property appraisers to grant exemptions only under
623 certain conditions; providing the method for
624 determining the value of a unit for certain purposes;
625 providing for retroactive application;