Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 328
       
       
       
       
       
       
                                Ì4771468Î477146                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/10/2024           .                                
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       The Committee on Community Affairs (Calatayud) recommended the
       following:
       
       
    1         Senate Amendment (with title amendment)
    2  
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Present paragraphs (g), (h), and (i) of
    7  subsection (7) of section 125.01055, Florida Statutes, are
    8  redesignated as paragraphs (h), (i), and (j), respectively, a
    9  new paragraph (g) is added to that subsection, a new subsection
   10  (8) is added to that section, and paragraphs (a) through (d),
   11  (f), and present paragraph (h) of subsection (7) of that section
   12  are amended, to read:
   13         125.01055 Affordable housing.—
   14         (7)(a) A county must authorize multifamily and mixed-use
   15  residential as allowable uses in any area zoned for commercial,
   16  industrial, or mixed use if at least 40 percent of the
   17  residential units in a proposed multifamily rental development
   18  are rental units that, for a period of at least 30 years, are
   19  affordable as defined in s. 420.0004. Notwithstanding any other
   20  law, local ordinance, or regulation to the contrary, a county
   21  may not require a proposed multifamily development to obtain a
   22  zoning or land use change, special exception, conditional use
   23  approval, variance, or comprehensive plan amendment for the
   24  building height, zoning, and densities authorized under this
   25  subsection. For mixed-use residential projects, at least 65
   26  percent of the total square footage must be used for residential
   27  purposes.
   28         (b) A county may not restrict the density or floor area
   29  ratio of a proposed development authorized under this subsection
   30  below the highest currently allowed density or floor area ratio
   31  on any unincorporated land in the county where residential
   32  development is allowed under the county’s land development
   33  regulations. The currently allowed density or floor area ratio
   34  does not include the density or floor area ratio of any
   35  development that meets the requirements of this subsection or
   36  any bonus, variance, or other special exception for density or
   37  floor area ratio provided in the county’s land development
   38  regulations as an incentive for development.
   39         (c) A county may not restrict the height of a proposed
   40  development authorized under this subsection below the highest
   41  currently allowed height for a commercial or residential
   42  building development located in its jurisdiction within one
   43  quarter 1 mile of the proposed development or 3 stories,
   44  whichever is higher. If the height of each building on property
   45  adjacent to the proposed development is 3 stories or less, the
   46  county may restrict the height of the proposed development to
   47  135 percent of the tallest building on property adjacent to the
   48  proposed development or 3 stories, whichever is higher. The
   49  currently allowed height does not include the height of any
   50  development that meets the requirements of this subsection or
   51  any bonus, variance, or other special exception for height
   52  provided in the county’s land development regulations as an
   53  incentive for development.
   54         (d) A proposed development authorized under this subsection
   55  must be administratively approved and no further action by the
   56  board of county commissioners is required if the development
   57  satisfies the county’s land development regulations for
   58  multifamily developments in areas zoned for such use and is
   59  otherwise consistent with the comprehensive plan, with the
   60  exception of provisions establishing allowable densities,
   61  height, and land use. Such land development regulations include,
   62  but are not limited to, regulations relating to setbacks and
   63  parking requirements. A proposed development located within one
   64  quarter mile of a military installation identified in s.
   65  163.3175(2) may not be administratively approved. Each county
   66  shall maintain on its website a policy containing procedures and
   67  expectations for administrative approval pursuant to this
   68  subsection.
   69         (f) For proposed multifamily developments in an
   70  unincorporated area zoned for commercial or industrial use which
   71  is within the boundaries of a multicounty independent special
   72  district that was created to provide municipal services and is
   73  not authorized to levy ad valorem taxes, and less than 20
   74  percent of the land area within such district is designated for
   75  commercial or industrial use, a county must authorize, as
   76  provided in this subsection, such development only if the
   77  development is mixed-use residential.
   78         (g) For proposed multifamily developments located within a
   79  transit-oriented development or area, as recognized by the
   80  respective county, a county must authorize such development, as
   81  provided in this subsection, only if the development is mixed
   82  use residential and otherwise complies with requirements of the
   83  county’s regulations applicable to the transit-oriented
   84  development or area except for use, height, density, and floor
   85  area ratio as provided in this section or as otherwise agreed to
   86  by the county and the applicant for the development.
   87         (i)(h) This subsection does not apply to airport-impacted
   88  areas as provided in s. 333.03 property defined as recreational
   89  and commercial working waterfront in s. 342.201(2)(b) in any
   90  area zoned as industrial.
   91         (8)Any development authorized under paragraph (7)(a) must
   92  be treated as a conforming use even after the expiration of
   93  subsection (7) and the development’s affordability period as
   94  provided in paragraph (7)(a), notwithstanding the county’s
   95  comprehensive plan, future land use designation, or zoning. If
   96  at any point during the development’s affordability period the
   97  development violates the affordability period requirement
   98  provided in paragraph (7)(a), the development must be allowed a
   99  reasonable time to cure such violation. If the violation is not
  100  cured within a reasonable time, the development must be treated
  101  as a nonconforming use.
  102         Section 2. Present paragraphs (g), (h), and (i) of
  103  subsection (7) of section 166.04151, Florida Statutes, are
  104  redesignated as paragraphs (h), (i), and (j), respectively, a
  105  new paragraph (g) is added to that subsection, a new subsection
  106  (8) is added to that section, and paragraphs (a) through (d),
  107  (f), and present paragraph (h) of subsection (7) of that section
  108  are amended, to read:
  109         166.04151 Affordable housing.—
  110         (7)(a) A municipality must authorize multifamily and mixed
  111  use residential as allowable uses in any area zoned for
  112  commercial, industrial, or mixed use if at least 40 percent of
  113  the residential units in a proposed multifamily rental
  114  development are rental units that, for a period of at least 30
  115  years, are affordable as defined in s. 420.0004. Notwithstanding
  116  any other law, local ordinance, or regulation to the contrary, a
  117  municipality may not require a proposed multifamily development
  118  to obtain a zoning or land use change, special exception,
  119  conditional use approval, variance, or comprehensive plan
  120  amendment for the building height, zoning, and densities
  121  authorized under this subsection. For mixed-use residential
  122  projects, at least 65 percent of the total square footage must
  123  be used for residential purposes.
  124         (b) A municipality may not restrict the density or floor
  125  area ratio of a proposed development authorized under this
  126  subsection below the highest currently allowed density or floor
  127  area ratio on any land in the municipality where residential
  128  development is allowed under the municipality’s land development
  129  regulations. The currently allowed density or floor area ratio
  130  does not include the density or floor area ratio of any
  131  development that meets the requirements of this subsection or
  132  any bonus, variance, or other special exception for density or
  133  floor area ratio provided in the municipality’s land development
  134  regulations as an incentive for development.
  135         (c) A municipality may not restrict the height of a
  136  proposed development authorized under this subsection below the
  137  highest currently allowed height for a commercial or residential
  138  building development located in its jurisdiction within one
  139  quarter mile 1 mile of the proposed development or 3 stories,
  140  whichever is higher. If the height of each building on property
  141  adjacent to the proposed development is 3 stories or less, the
  142  municipality may restrict the height to 135 percent of the
  143  tallest building on property adjacent to the proposed
  144  development or 3 stories, whichever is higher. The currently
  145  allowed height does not include the height of any development
  146  that meets the requirements of this subsection or any bonus,
  147  variance, or other special exception for height provided in the
  148  municipality’s land development regulations as an incentive for
  149  development.
  150         (d) A proposed development authorized under this subsection
  151  must be administratively approved and no further action by the
  152  governing body of the municipality is required if the
  153  development satisfies the municipality’s land development
  154  regulations for multifamily developments in areas zoned for such
  155  use and is otherwise consistent with the comprehensive plan,
  156  with the exception of provisions establishing allowable
  157  densities, height, and land use. Such land development
  158  regulations include, but are not limited to, regulations
  159  relating to setbacks and parking requirements. A proposed
  160  development located within one-quarter mile of a military
  161  installation identified in s. 163.3175(2) may not be
  162  administratively approved. Each municipality shall maintain on
  163  its website a policy containing procedures and expectations for
  164  administrative approval pursuant to this subsection.
  165         (f) A municipality that designates less than 20 percent of
  166  the land area within its jurisdiction for commercial or
  167  industrial use must authorize a proposed multifamily development
  168  as provided in this subsection in areas zoned for commercial or
  169  industrial use only if the proposed multifamily development is
  170  mixed-use residential.
  171         (g) For proposed multifamily developments located within a
  172  transit-oriented development or area, as recognized by the
  173  municipality, a municipality must authorize, as provided in this
  174  subsection, such development only if the development is mixed
  175  use residential and otherwise complies with requirements of the
  176  municipality’s regulations applicable to the transit-oriented
  177  development or area except for use, height, density, and floor
  178  area ratio as provided in this section or as otherwise agreed to
  179  by the municipality and the applicant for the development.
  180         (i)(h) This subsection does not apply to airport-impacted
  181  areas as provided in s. 333.03 property defined as recreational
  182  and commercial working waterfront in s. 342.201(2)(b) in any
  183  area zoned as industrial.
  184         (8)Any development authorized under paragraph (7)(a) must
  185  be treated as a conforming use even after the expiration of
  186  subsection (7) and the development’s affordability period as
  187  provided in paragraph (7)(a), notwithstanding the municipality’s
  188  comprehensive plan, future land use designation, or zoning. If
  189  at any point during the development’s affordability period the
  190  development violates the affordability period requirement
  191  provided in paragraph (7)(a), the development must be allowed a
  192  reasonable time to cure such violation. If the violation is not
  193  cured within a reasonable time, the development must be treated
  194  as a nonconforming use.
  195         Section 3. Subsection (3) of section 196.1978, Florida
  196  Statutes, is amended to read:
  197         196.1978 Affordable housing property exemption.—
  198         (3)(a) As used in this subsection, the term:
  199         1. “Corporation” means the Florida Housing Finance
  200  Corporation.
  201         2. “Newly constructed” means an improvement or the
  202  substantial rehabilitation of an existing improvement to real
  203  property which was substantially completed within 5 years before
  204  the date of an applicant’s first submission of a request for a
  205  certification notice or an application for an exemption pursuant
  206  to this subsection section, whichever is earlier.
  207         3. “Substantially completed” has the same meaning as in s.
  208  192.042(1).
  209         4.“Substantial rehabilitation” means the repair or
  210  restoration of a unit which increases the market value of such
  211  unit by at least 40 percent.
  212         (b) Notwithstanding ss. 196.195 and 196.196, portions of
  213  property in a multifamily project are considered property used
  214  for a charitable purpose and are eligible to receive an ad
  215  valorem property tax exemption if such portions meet all of the
  216  following conditions:
  217         1. Provide affordable housing to natural persons or
  218  families meeting the income limitations provided in paragraph
  219  (d).;
  220         2.a. Are within a newly constructed multifamily project
  221  that contains more than 70 units dedicated to housing natural
  222  persons or families meeting the income limitations provided in
  223  paragraph (d); or
  224         b.Are within a newly constructed multifamily project in an
  225  area of critical state concern, as designated by s. 380.0552 or
  226  chapter 28-36, Florida Administrative Code, which contains more
  227  than 10 units dedicated to housing natural persons or families
  228  meeting the income limitations provided in paragraph (d). and
  229         3. Are rented for an amount that does not exceed the amount
  230  as specified by the most recent multifamily rental programs
  231  income and rent limit chart posted by the corporation and
  232  derived from the Multifamily Tax Subsidy Projects Income Limits
  233  published by the United States Department of Housing and Urban
  234  Development or 90 percent of the fair market value rent as
  235  determined by a rental market study meeting the requirements of
  236  paragraph (l) (m), whichever is less.
  237         (c) If a unit that in the previous year received qualified
  238  for the exemption under this subsection and was occupied by a
  239  tenant is vacant on January 1, the vacant unit is eligible for
  240  the exemption if the use of the unit is restricted to providing
  241  affordable housing that would otherwise meet the requirements of
  242  this subsection and a reasonable effort is made to lease the
  243  unit to eligible persons or families.
  244         (d)1. The property appraiser shall exempt:
  245         a.Seventy-five percent of the assessed value of the units
  246  in multifamily projects that meet the requirements of this
  247  subsection and are Qualified property used to house natural
  248  persons or families whose annual household income is greater
  249  than 80 percent but not more than 120 percent of the median
  250  annual adjusted gross income for households within the
  251  metropolitan statistical area or, if not within a metropolitan
  252  statistical area, within the county in which the person or
  253  family resides; and, must receive an ad valorem property tax
  254  exemption of 75 percent of the assessed value.
  255         b.2.From ad valorem property taxes the units in
  256  multifamily projects that meet the requirements of this
  257  subsection and are Qualified property used to house natural
  258  persons or families whose annual household income does not
  259  exceed 80 percent of the median annual adjusted gross income for
  260  households within the metropolitan statistical area or, if not
  261  within a metropolitan statistical area, within the county in
  262  which the person or family resides, is exempt from ad valorem
  263  property taxes.
  264         2.When determining the value of a unit for purposes of
  265  applying an exemption pursuant to this paragraph, the property
  266  appraiser must include in such valuation the proportionate share
  267  of the residential common areas, including the land, fairly
  268  attributable to such unit.
  269         (e) To be eligible to receive an exemption under this
  270  subsection, a property owner must submit an application on a
  271  form prescribed by the department by March 1 for the exemption,
  272  accompanied by a certification notice from the corporation to
  273  the property appraiser. The property appraiser shall review the
  274  application and determine whether the applicant meets all of the
  275  requirements of this subsection and is entitled to an exemption.
  276  A property appraiser may request and review additional
  277  information necessary to make such determination. A property
  278  appraiser may grant an exemption only for a property for which
  279  the corporation has issued a certification notice and which the
  280  property appraiser determines is entitled to an exemption.
  281         (f) To receive a certification notice, a property owner
  282  must submit a request to the corporation for certification on a
  283  form provided by the corporation which includes all of the
  284  following:
  285         1. The most recently completed rental market study meeting
  286  the requirements of paragraph (l) (m).
  287         2. A list of the units for which the property owner seeks
  288  an exemption.
  289         3. The rent amount received by the property owner for each
  290  unit for which the property owner seeks an exemption. If a unit
  291  is vacant and qualifies for an exemption under paragraph (c),
  292  the property owner must provide evidence of the published rent
  293  amount for each vacant unit.
  294         4. If the units for which the property owner seeks an
  295  exemption have been substantially rehabilitated but have not
  296  been certified previously by the corporation pursuant to
  297  paragraph (g), a market value analysis meeting the requirements
  298  of paragraph (m) demonstrating that the units meet the
  299  definition of substantial rehabilitation in subparagraph (a)4.
  300  After receiving an initial certification notice for
  301  substantially rehabilitated units, a property owner is not
  302  required to submit a new market value analysis when requesting
  303  certification notices for subsequent years.
  304         5. A sworn statement, under penalty of perjury, from the
  305  applicant restricting the property for a period of not less than
  306  3 years to housing persons or families who meet the income
  307  limitations under this subsection.
  308         (g) The corporation shall review the request for a
  309  certification notice and certify whether a property that meets
  310  the eligibility criteria of paragraphs (b) and (c) this
  311  subsection. A determination by the corporation regarding a
  312  request for a certification notice does not constitute a grant
  313  of an exemption pursuant to this subsection or final agency
  314  action pursuant to chapter 120.
  315         1. If the corporation determines that the property meets
  316  the eligibility criteria for an exemption under this subsection,
  317  the corporation must send a certification notice to the property
  318  owner and the property appraiser.
  319         2. If the corporation determines that the property does not
  320  meet the eligibility criteria, the corporation must notify the
  321  property owner and include the reasons for such determination.
  322         (h) The corporation shall post on its website the deadline
  323  to submit a request for a certification notice. The deadline
  324  must allow adequate time for a property owner to submit a timely
  325  application for exemption to the property appraiser.
  326         (i) The property appraiser shall review the application and
  327  determine if the applicant is entitled to an exemption. A
  328  property appraiser may grant an exemption only for a property
  329  for which the corporation has issued a certification notice.
  330         (j) If the property appraiser determines that for any year
  331  during the immediately previous 10 years a person who was not
  332  entitled to an exemption under this subsection was granted such
  333  an exemption, the property appraiser must serve upon the owner a
  334  notice of intent to record in the public records of the county a
  335  notice of tax lien against any property owned by that person in
  336  the county, and that property must be identified in the notice
  337  of tax lien. Any property owned by the taxpayer and situated in
  338  this state is subject to the taxes exempted by the improper
  339  exemption, plus a penalty of 50 percent of the unpaid taxes for
  340  each year and interest at a rate of 15 percent per annum. If an
  341  exemption is improperly granted as a result of a clerical
  342  mistake or an omission by the property appraiser, the property
  343  owner improperly receiving the exemption may not be assessed a
  344  penalty or interest.
  345         (j)(k) Units subject to an agreement with the corporation
  346  pursuant to chapter 420 recorded in the official records of the
  347  county in which the property is located to provide housing to
  348  natural persons or families meeting the extremely-low-income,
  349  very-low-income, or low-income limits specified in s. 420.0004
  350  are not eligible for this exemption.
  351         (k)(l) Property receiving an exemption pursuant to s.
  352  196.1979 is not eligible for this exemption.
  353         (l)(m) A rental market study submitted as required by
  354  subparagraph (f)1. paragraph (f) must identify the fair market
  355  value rent of each unit for which a property owner seeks an
  356  exemption. Only a certified general appraiser as defined in s.
  357  475.611 may issue a rental market study. The certified general
  358  appraiser must be independent of the property owner who requests
  359  the rental market study. In preparing the rental market study, a
  360  certified general appraiser shall comply with the standards of
  361  professional practice pursuant to part II of chapter 475 and use
  362  comparable property within the same geographic area and of the
  363  same type as the property for which the exemption is sought. A
  364  rental market study must have been completed within 3 years
  365  before submission of the application.
  366         (m) A market value analysis submitted as required by
  367  subparagraph (f)4. must identify the change in the market value
  368  of the unit attributable to the rehabilitation of the unit,
  369  expressed as a percentage of the market value before the
  370  rehabilitation, for each unit that has undergone rehabilitation.
  371  Only a certified general appraiser as defined in s. 475.611 may
  372  issue a market value analysis. The certified general appraiser
  373  must be independent of the property owner who requests the
  374  market value analysis. In preparing the market value analysis, a
  375  certified general appraiser shall comply with the standards of
  376  professional practice pursuant to part II of chapter 475 and use
  377  comparable property within the same geographic area and of the
  378  same type as the property for which the exemption is sought.
  379         (n) The corporation may adopt rules to implement this
  380  section.
  381         (o) This subsection first applies to the 2024 tax roll and
  382  is repealed December 31, 2059.
  383         Section 4. The amendments made by this act to s. 196.1978,
  384  Florida Statutes, are intended to be remedial and clarifying in
  385  nature and apply retroactively to January 1, 2024.
  386         Section 5. Present subsection (5) of section 333.03,
  387  Florida Statutes, is redesignated as subsection (6), and a new
  388  subsection (5) is added to that section, to read:
  389         333.03 Requirement to adopt airport zoning regulations.—
  390         (5) Sections 125.01055(7) and 166.04151(7) do not apply to
  391  any of the following:
  392         (a)A proposed development within 10,000 feet of the
  393  nearest point of any existing airport runway or planned airport
  394  runway identified in the local government’s airport master plan.
  395         (b)A proposed development within any airport noise zone
  396  identified in the federal land use compatibility table.
  397         (c)A proposed development that exceeds maximum height
  398  restrictions identified in the political subdivision’s airport
  399  zoning regulation adopted pursuant to this section.
  400         Section 6. Subsection (35) of section 420.507, Florida
  401  Statutes, is amended to read:
  402         420.507 Powers of the corporation.—The corporation shall
  403  have all the powers necessary or convenient to carry out and
  404  effectuate the purposes and provisions of this part, including
  405  the following powers which are in addition to all other powers
  406  granted by other provisions of this part:
  407         (35) To preclude any applicant, sponsor, or affiliate of an
  408  applicant or sponsor from further participation in any of the
  409  corporation’s programs as provided in s. 420.518, any applicant
  410  or affiliate of an applicant which has made a material
  411  misrepresentation or engaged in fraudulent actions in connection
  412  with any application for a corporation program.
  413         Section 7. Subsection (3) of section 420.5096, Florida
  414  Statutes, is amended to read:
  415         420.5096 Florida Hometown Hero Program.—
  416         (3) For loans made available pursuant to s.
  417  420.507(23)(a)1. or 2., the corporation may underwrite and make
  418  those mortgage loans through the program to persons or families
  419  who have household incomes that do not exceed 150 percent of the
  420  state median income or local median income, whichever is
  421  greater. A borrower must be seeking to purchase a home as a
  422  primary residence; must be a first-time homebuyer and a Florida
  423  resident; and must be employed full-time by a Florida-based
  424  employer. The borrower must provide documentation of full-time
  425  employment, or full-time status for self-employed individuals,
  426  of 35 hours or more per week. The requirement to be a first-time
  427  homebuyer does not apply to a borrower who is an active duty
  428  servicemember of a branch of the armed forces or the Florida
  429  National Guard, as defined in s. 250.01, or a veteran.
  430         Section 8. Section 420.518, Florida Statutes, is amended to
  431  read:
  432         420.518 Preclusion from participation in corporation
  433  programs Fraudulent or material misrepresentation.—
  434         (1) An applicant, a sponsor, or an affiliate of an
  435  applicant or a sponsor may be precluded from participation in
  436  any corporation program if the applicant or affiliate of the
  437  applicant has:
  438         (a) Made a material misrepresentation or engaged in
  439  fraudulent actions in connection with any corporation program.
  440         (b) Been convicted or found guilty of, or entered a plea of
  441  guilty or nolo contendere to, regardless of adjudication, a
  442  crime in any jurisdiction which directly relates to the
  443  financing, construction, or management of affordable housing or
  444  the fraudulent procurement of state or federal funds. The record
  445  of a conviction certified or authenticated in such form as to be
  446  admissible in evidence under the laws of the state shall be
  447  admissible as prima facie evidence of such guilt.
  448         (c) Been excluded from any federal funding program related
  449  to the provision of housing, including debarment from
  450  participation in federal housing programs by the United States
  451  Department of Housing and Urban Development.
  452         (d) Been excluded from any federal or Florida procurement
  453  programs.
  454         (e) Offered or given consideration, other than the
  455  consideration to provide affordable housing, with respect to a
  456  local contribution.
  457         (f) Demonstrated a pattern of noncompliance and a failure
  458  to correct any such noncompliance after notice from the
  459  corporation in the construction, operation, or management of one
  460  or more developments funded through a corporation program.
  461         (g) Materially or repeatedly violated any condition imposed
  462  by the corporation in connection with the administration of a
  463  corporation program, including a land use restriction agreement,
  464  an extended use agreement, or any other financing or regulatory
  465  agreement with the corporation.
  466         (2) Upon a determination by the board of directors of the
  467  corporation that an applicant or affiliate of the applicant be
  468  precluded from participation in any corporation program, the
  469  board may issue an order taking any or all of the following
  470  actions:
  471         (a) Preclude such applicant or affiliate from applying for
  472  funding from any corporation program for a specified period. The
  473  period may be a specified period of time or permanent in nature.
  474  With regard to establishing the duration, the board shall
  475  consider the facts and circumstances, inclusive of the
  476  compliance history of the applicant or affiliate of the
  477  applicant, the type of action under subsection (1), and the
  478  degree of harm to the corporation’s programs that has been or
  479  may be done.
  480         (b) Revoke any funding previously awarded by the
  481  corporation for any development for which construction or
  482  rehabilitation has not commenced.
  483         (3) Before any order issued under this section can be
  484  final, an administrative complaint must be served on the
  485  applicant, affiliate of the applicant, or its registered agent
  486  that provides notification of findings of the board, the
  487  intended action, and the opportunity to request a proceeding
  488  pursuant to ss. 120.569 and 120.57.
  489         (4) Any funding, allocation of federal housing credits,
  490  credit underwriting procedures, or application review for any
  491  development for which construction or rehabilitation has not
  492  commenced may be suspended by the corporation upon the service
  493  of an administrative complaint on the applicant, affiliate of
  494  the applicant, or its registered agent. The suspension shall be
  495  effective from the date the administrative complaint is served
  496  until an order issued by the corporation in regard to that
  497  complaint becomes final.
  498         Section 9. For the 2024-2025 fiscal year, from the funds
  499  received and deposited into the General Revenue Fund from the
  500  state’s allocation from the federal Coronavirus State Fiscal
  501  Recovery Fund created under the American Rescue Plan Act of
  502  2021, Pub. L. No. 117-2, the sum of $100 million in nonrecurring
  503  funds is appropriated to the State Housing Trust Fund for use by
  504  the Florida Housing Finance Corporation to implement the Florida
  505  Hometown Hero Program established in s. 420.5096, Florida
  506  Statutes.
  507         Section 10. This act shall take effect upon becoming a law.
  508  
  509  ================= T I T L E  A M E N D M E N T ================
  510  And the title is amended as follows:
  511         Delete everything before the enacting clause
  512  and insert:
  513                        A bill to be entitled                      
  514         An act relating to affordable housing; amending ss.
  515         125.01055 and 166.04151, F.S.; deleting a provision
  516         related to the authorization of multifamily and mixed
  517         use residential development uses in any area zoned for
  518         industrial use; prohibiting counties and
  519         municipalities, respectively, from restricting the
  520         floor area ratio of certain proposed developments
  521         under certain circumstances; providing that the
  522         density or floor area ratio of certain developments,
  523         bonuses, variances, or other special exceptions are
  524         not included in the calculation of the currently
  525         allowed density or floor area ratio by counties and
  526         municipalities, respectively; revising prohibitions
  527         relating to counties’ and municipalities’ restrictions
  528         of the height of certain proposed developments,
  529         respectively; authorizing counties and municipalities,
  530         respectively, to restrict the height of proposed
  531         developments under certain circumstances; providing
  532         that certain factors may not be taken into account in
  533         the calculation of the currently allowed height;
  534         prohibiting the administrative approval by counties
  535         and municipalities, respectively, of a proposed
  536         development within a specified proximity to a military
  537         installation; requiring counties and municipalities,
  538         respectively, to maintain a certain policy on their
  539         websites; making technical changes; providing
  540         requirements for developments authorized as a transit
  541         oriented development or area; revising applicability;
  542         authorizing specified developments to be treated as a
  543         conforming use; amending s. 196.1978, F.S.; revising
  544         the definition of the term “newly constructed”;
  545         defining the term “substantial rehabilitation”;
  546         revising conditions for when multifamily projects are
  547         considered property used for a charitable purpose and
  548         are eligible to receive an ad valorem property tax
  549         exemption; making technical changes; requiring
  550         property appraisers to make certain exemptions from ad
  551         valorem property taxes; providing the method for
  552         determining the value of a unit for certain purposes;
  553         requiring property appraisers to review certain
  554         applications and make certain determinations;
  555         authorizing property appraisers to request and review
  556         additional information; authorizing property
  557         appraisers to grant exemptions only under certain
  558         conditions; revising requirements for property owners
  559         seeking a certification notice from the Florida
  560         Housing Finance Corporation; providing that a certain
  561         determination by the corporation does not constitute
  562         an exemption; specifying requirements for a market
  563         value analysis; conforming provisions to changes made
  564         by the act; providing for retroactive application;
  565         amending s. 333.03, F.S.; excluding certain proposed
  566         developments from specified airport zoning provisions;
  567         amending s. 420.507, F.S.; revising the enumerated
  568         powers of the Florida Housing Finance Corporation;
  569         amending s. 420.5096, F.S.; making technical changes;
  570         amending s. 420.518, F.S.; specifying conditions under
  571         which the Florida Housing Finance Corporation may
  572         preclude applicants from corporation programs;
  573         providing an appropriation; providing an effective
  574         date.