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;