Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. CS for SB 328
       
       
       
       
       
       
                                Ì720816)Î720816                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: RS            .                                
                  01/31/2024           .                                
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       The Committee on Fiscal Policy (Calatayud) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 80 - 505
    4  and insert:
    5  residential as allowable uses in any area zoned for commercial,
    6  industrial, or mixed use if at least 40 percent of the
    7  residential units in a proposed multifamily rental development
    8  are rental units that, for a period of at least 30 years, are
    9  affordable as defined in s. 420.0004. Notwithstanding any other
   10  law, local ordinance, or regulation to the contrary, a county
   11  may not require a proposed multifamily development to obtain a
   12  zoning or land use change, special exception, conditional use
   13  approval, variance, or comprehensive plan amendment for the
   14  building height, zoning, and densities authorized under this
   15  subsection. For mixed-use residential projects, at least 65
   16  percent of the total square footage must be used for residential
   17  purposes.
   18         (b) A county may not restrict the density of a proposed
   19  development authorized under this subsection below the highest
   20  currently allowed density on any unincorporated land in the
   21  county where residential development is allowed under the
   22  county’s land development regulations. The currently allowed
   23  density does not include the density of any development that
   24  meets the requirements of this subsection or any bonus,
   25  variance, or other special exception for density provided in the
   26  county’s land development regulations as an incentive for
   27  development.
   28         (c) A county may not restrict the floor area ratio of a
   29  proposed development authorized under this subsection below the
   30  highest currently allowed floor area ratio on any unincorporated
   31  land in the county where development is allowed under the
   32  county’s land development regulations. The currently allowed
   33  floor area ratio does not include the floor area ratio of any
   34  development that meets the requirements of this subsection or
   35  any bonus, variance, or other special exception for floor area
   36  ratio provided in the county’s land development regulations as
   37  an incentive for development. For purposes of this subsection,
   38  the term floor area ratio includes floor lot ratio.
   39         (d)1.(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 1 mile
   43  of the proposed development or 3 stories, whichever is higher.
   44  The currently allowed height does not include the height of any
   45  development that meets the requirements of this subsection or
   46  any bonus, variance, or other special exception for height
   47  provided in the county’s land development regulations as an
   48  incentive for development.
   49         2. If the proposed development is adjacent to, on two or
   50  more sides, a parcel zoned for single-family residential use
   51  that is within a single-family residential development with at
   52  least 25 contiguous single-family homes, the county may restrict
   53  the height of the proposed development to 150 percent of the
   54  tallest building on property within one-quarter mile of the
   55  proposed development or 3 stories, whichever is higher.
   56         (e)(d) A proposed development authorized under this
   57  subsection must be administratively approved and no further
   58  action by the board of county commissioners is required if the
   59  development satisfies the county’s land development regulations
   60  for multifamily developments in areas zoned for such use and is
   61  otherwise consistent with the comprehensive plan, with the
   62  exception of provisions establishing allowable densities,
   63  height, and land use. Such land development regulations include,
   64  but are not limited to, regulations relating to setbacks and
   65  parking requirements. A proposed development located within one
   66  quarter mile of a military installation identified in s.
   67  163.3175(2) may not be administratively approved. Each county
   68  shall maintain on its website a policy containing procedures and
   69  expectations for administrative approval pursuant to this
   70  subsection.
   71         (f)1.(e) A county must consider reducing parking
   72  requirements for a proposed development authorized under this
   73  subsection if the development is located within one-quarter one
   74  half mile of a major transit stop, as defined in the county’s
   75  land development code, and the major transit stop is accessible
   76  from the development.
   77         2.A county must reduce parking requirements by 20 percent
   78  for a proposed development authorized under this subsection if
   79  the development:
   80         a. Is located within one-half mile of a major
   81  transportation hub that is accessible from the proposed
   82  development by safe, pedestrian-friendly means, such as
   83  sidewalks, crosswalks, elevated pedestrian or bike paths, or
   84  other multimodal design features; and
   85         b. Has available parking within 600 feet of the proposed
   86  development which may consist of options such as on-street
   87  parking, parking lots, or parking garages available for use by
   88  residents of the proposed development.
   89         3.A county must eliminate parking requirements for a
   90  proposed mixed-use residential development authorized under this
   91  subsection within an area recognized by the county as a transit
   92  oriented development or area, as provided in paragraph (h).
   93         4.For purposes of this paragraph, the term “major
   94  transportation hub” means any transit station, whether bus,
   95  train, or light rail, which is served by public transit with a
   96  mix of other transportation options.
   97         (g)(f) For proposed multifamily developments in an
   98  unincorporated area zoned for commercial or industrial use which
   99  is within the boundaries of a multicounty independent special
  100  district that was created to provide municipal services and is
  101  not authorized to levy ad valorem taxes, and less than 20
  102  percent of the land area within such district is designated for
  103  commercial or industrial use, a county must authorize, as
  104  provided in this subsection, such development only if the
  105  development is mixed-use residential.
  106         (h)A proposed development authorized under this subsection
  107  which is located within a transit-oriented development or area,
  108  as recognized by the county, must be mixed-use residential and
  109  otherwise comply with requirements of the county’s regulations
  110  applicable to the transit-oriented development or area except
  111  for use, height, density, and floor area ratio as provided in
  112  this subsection or as otherwise agreed to by the county and the
  113  applicant for the development.
  114         (i)(g) Except as otherwise provided in this subsection, a
  115  development authorized under this subsection must comply with
  116  all applicable state and local laws and regulations. Nothing in
  117  this subsection precludes a county from granting a bonus,
  118  variance, conditional use, or other special exception for
  119  height, density, or floor area ratio in addition to the height,
  120  density, and floor area ratio requirements in this subsection.
  121         (j)(h) This subsection does not apply to:
  122         1. Airport-impacted areas as provided in s. 333.03.
  123         2. Property defined as recreational and commercial working
  124  waterfront in s. 342.201(2)(b) in any area zoned as industrial.
  125         (k)(i) This subsection expires October 1, 2033.
  126         (8)Any development authorized under paragraph (7)(a) must
  127  be treated as a conforming use even after the expiration of
  128  subsection (7) and the development’s affordability period as
  129  provided in paragraph (7)(a), notwithstanding the county’s
  130  comprehensive plan, future land use designation, or zoning. If
  131  at any point during the development’s affordability period the
  132  development violates the affordability period requirement
  133  provided in paragraph (7)(a), the development must be allowed a
  134  reasonable time to cure such violation. If the violation is not
  135  cured within a reasonable time, the development must be treated
  136  as a nonconforming use.
  137         Section 2. Subsection (7) of section 166.04151, Florida
  138  Statutes, is amended, and subsection (8) is added to that
  139  section, to read:
  140         166.04151 Affordable housing.—
  141         (7)(a) A municipality must authorize multifamily and mixed
  142  use residential as allowable uses in any area zoned for
  143  commercial, industrial, or mixed use if at least 40 percent of
  144  the residential units in a proposed multifamily rental
  145  development are rental units that, for a period of at least 30
  146  years, are affordable as defined in s. 420.0004. Notwithstanding
  147  any other law, local ordinance, or regulation to the contrary, a
  148  municipality may not require a proposed multifamily development
  149  to obtain a zoning or land use change, special exception,
  150  conditional use approval, variance, or comprehensive plan
  151  amendment for the building height, zoning, and densities
  152  authorized under this subsection. For mixed-use residential
  153  projects, at least 65 percent of the total square footage must
  154  be used for residential purposes.
  155         (b) A municipality may not restrict the density of a
  156  proposed development authorized under this subsection below the
  157  highest currently allowed density on any land in the
  158  municipality where residential development is allowed under the
  159  municipality’s land development regulations. The currently
  160  allowed density does not include the density of any development
  161  that meets the requirements of this subsection or any bonus,
  162  variance, or other special exception for density provided in the
  163  municipality’s land development regulations as an incentive for
  164  development.
  165         (c) A municipality may not restrict the floor area ratio of
  166  a proposed development authorized under this subsection below
  167  the highest currently allowed floor area ratio on any land in
  168  the municipality where development is allowed under the
  169  municipality’s land development regulations. The currently
  170  allowed floor area ratio does not include the floor area ratio
  171  of any development that meets the requirements of this
  172  subsection or any bonus, variance, or other special exception
  173  for floor area ratio provided in the municipality’s land
  174  development regulations as an incentive for development. For
  175  purposes of this subsection, the term floor area ratio includes
  176  floor lot ratio.
  177         (d)1.(c) A municipality may not restrict the height of a
  178  proposed development authorized under this subsection below the
  179  highest currently allowed height for a commercial or residential
  180  building development located in its jurisdiction within 1 mile
  181  of the proposed development or 3 stories, whichever is higher.
  182  The currently allowed height does not include the height of any
  183  development that meets the requirements of this subsection or
  184  any bonus, variance, or other special exception for height
  185  provided in the municipality’s land development regulations as
  186  an incentive for development.
  187         2. If the proposed development is adjacent to, on two or
  188  more sides, a parcel zoned for single-family residential use
  189  that is within a single-family residential development with at
  190  least 25 contiguous single-family homes, the municipality may
  191  restrict the height of the proposed development to 150 percent
  192  of the tallest building on property within one-quarter mile of
  193  the proposed development or 3 stories, whichever is higher.
  194         (e)(d) A proposed development authorized under this
  195  subsection must be administratively approved and no further
  196  action by the governing body of the municipality is required if
  197  the development satisfies the municipality’s land development
  198  regulations for multifamily developments in areas zoned for such
  199  use and is otherwise consistent with the comprehensive plan,
  200  with the exception of provisions establishing allowable
  201  densities, height, and land use. Such land development
  202  regulations include, but are not limited to, regulations
  203  relating to setbacks and parking requirements. A proposed
  204  development located within one-quarter mile of a military
  205  installation identified in s. 163.3175(2) may not be
  206  administratively approved. Each municipality shall maintain on
  207  its website a policy containing procedures and expectations for
  208  administrative approval pursuant to this subsection.
  209         (f)1.(e) A municipality must consider reducing parking
  210  requirements for a proposed development authorized under this
  211  subsection if the development is located within one-quarter one
  212  half mile of a major transit stop, as defined in the
  213  municipality’s land development code, and the major transit stop
  214  is accessible from the development.
  215         2.A municipality must reduce parking requirements by 20
  216  percent for a proposed development authorized under this
  217  subsection if the development:
  218         a. Is located within one-half mile of a major
  219  transportation hub that is accessible from the proposed
  220  development by safe, pedestrian-friendly means, such as
  221  sidewalks, crosswalks, elevated pedestrian or bike paths, or
  222  other multimodal design features.
  223         b. Has available parking within 600 feet of the proposed
  224  development which may consist of options such as on-street
  225  parking, parking lots, or parking garages available for use by
  226  residents of the proposed development.
  227         3.A municipality must eliminate parking requirements for a
  228  proposed mixed-use residential development authorized under this
  229  subsection within an area recognized by the municipality as a
  230  transit-oriented development or area, as provided in paragraph
  231  (h).
  232         4.For purposes of this paragraph, the term “major
  233  transportation hub” means any transit station, whether bus,
  234  train, or light rail, which is served by public transit with a
  235  mix of other transportation options.
  236         (g)(f) A municipality that designates less than 20 percent
  237  of the land area within its jurisdiction for commercial or
  238  industrial use must authorize a proposed multifamily development
  239  as provided in this subsection in areas zoned for commercial or
  240  industrial use only if the proposed multifamily development is
  241  mixed-use residential.
  242         (h)A proposed development authorized under this subsection
  243  which is located within a transit-oriented development or area,
  244  as recognized by the municipality, must be mixed-use residential
  245  and otherwise comply with requirements of the municipality’s
  246  regulations applicable to the transit-oriented development or
  247  area except for use, height, density, and floor area ratio as
  248  provided in this subsection or as otherwise agreed to by the
  249  municipality and the applicant for the development.
  250         (i)(g) Except as otherwise provided in this subsection, a
  251  development authorized under this subsection must comply with
  252  all applicable state and local laws and regulations. Nothing in
  253  this subsection precludes a municipality from granting a bonus,
  254  variance, conditional use, or other special exception to height,
  255  density, or floor area ratio in addition to the height, density,
  256  and floor area ratio requirements in this subsection.
  257         (j)(h) This subsection does not apply to:
  258         1. Airport-impacted areas as provided in s. 333.03.
  259         2. Property defined as recreational and commercial working
  260  waterfront in s. 342.201(2)(b) in any area zoned as industrial.
  261         (k)(i) This subsection expires October 1, 2033.
  262         (8)Any development authorized under paragraph (7)(a) must
  263  be treated as a conforming use even after the expiration of
  264  subsection (7) and the development’s affordability period as
  265  provided in paragraph (7)(a), notwithstanding the municipality’s
  266  comprehensive plan, future land use designation, or zoning. If
  267  at any point during the development’s affordability period the
  268  development violates the affordability period requirement
  269  provided in paragraph (7)(a), the development must be allowed a
  270  reasonable time to cure such violation. If the violation is not
  271  cured within a reasonable time, the development must be treated
  272  as a nonconforming use.
  273         Section 3. Amendments made in this act to ss. 125.01055 and
  274  166.04151, Florida Statutes, are prospective in application. A
  275  proposed development that meets the present requirements of ss.
  276  125.01055(7) and 166.04151(7), Florida Statutes, for which an
  277  application, written request, or notice of intent to utilize
  278  such provisions was submitted to and accepted by the county or
  279  municipality, as applicable, prior to the effective date of this
  280  act shall be processed under the provisions of ss. 125.01055(7)
  281  and 166.04151(7), Florida Statutes, as they existed at the time
  282  of submittal.
  283         Section 4. Subsection (3) of section 196.1978, Florida
  284  Statutes, is amended to read:
  285         196.1978 Affordable housing property exemption.—
  286         (3)(a) As used in this subsection, the term:
  287         1. “Corporation” means the Florida Housing Finance
  288  Corporation.
  289         2. “Newly constructed” means an improvement to real
  290  property which was substantially completed within 5 years before
  291  the date of an applicant’s first submission of a request for a
  292  certification notice or an application for an exemption pursuant
  293  to this subsection section, whichever is earlier.
  294         3. “Substantially completed” has the same meaning as in s.
  295  192.042(1).
  296         (b) Notwithstanding ss. 196.195 and 196.196, portions of
  297  property in a multifamily project are considered property used
  298  for a charitable purpose and are eligible to receive an ad
  299  valorem property tax exemption if such portions meet all of the
  300  following conditions:
  301         1. Provide affordable housing to natural persons or
  302  families meeting the income limitations provided in paragraph
  303  (d).;
  304         2.a. Are within a newly constructed multifamily project
  305  that contains more than 70 units dedicated to housing natural
  306  persons or families meeting the income limitations provided in
  307  paragraph (d); or
  308         b.Are within a newly constructed multifamily project in an
  309  area of critical state concern, as designated by s. 380.0552 or
  310  chapter 28-36, Florida Administrative Code, which contains more
  311  than 10 units dedicated to housing natural persons or families
  312  meeting the income limitations provided in paragraph (d). and
  313         3. Are rented for an amount that does not exceed the amount
  314  as specified by the most recent multifamily rental programs
  315  income and rent limit chart posted by the corporation and
  316  derived from the Multifamily Tax Subsidy Projects Income Limits
  317  published by the United States Department of Housing and Urban
  318  Development or 90 percent of the fair market value rent as
  319  determined by a rental market study meeting the requirements of
  320  paragraph (l) (m), whichever is less.
  321         (c) If a unit that in the previous year received qualified
  322  for the exemption under this subsection and was occupied by a
  323  tenant is vacant on January 1, the vacant unit is eligible for
  324  the exemption if the use of the unit is restricted to providing
  325  affordable housing that would otherwise meet the requirements of
  326  this subsection and a reasonable effort is made to lease the
  327  unit to eligible persons or families.
  328         (d)1. The property appraiser shall exempt:
  329         a.Seventy-five percent of the assessed value of the units
  330  in multifamily projects that meet the requirements of this
  331  subsection and are Qualified property used to house natural
  332  persons or families whose annual household income is greater
  333  than 80 percent but not more than 120 percent of the median
  334  annual adjusted gross income for households within the
  335  metropolitan statistical area or, if not within a metropolitan
  336  statistical area, within the county in which the person or
  337  family resides; and, must receive an ad valorem property tax
  338  exemption of 75 percent of the assessed value.
  339         b.2.From ad valorem property taxes the units in
  340  multifamily projects that meet the requirements of this
  341  subsection and are Qualified property used to house natural
  342  persons or families whose annual household income does not
  343  exceed 80 percent of the median annual adjusted gross income for
  344  households within the metropolitan statistical area or, if not
  345  within a metropolitan statistical area, within the county in
  346  which the person or family resides, is exempt from ad valorem
  347  property taxes.
  348         2.When determining the value of a unit for purposes of
  349  applying an exemption pursuant to this paragraph, the property
  350  appraiser must include in such valuation the proportionate share
  351  of the residential common areas, including the land, fairly
  352  attributable to such unit.
  353         (e) To be eligible to receive an exemption under this
  354  subsection, a property owner must submit an application on a
  355  form prescribed by the department by March 1 for the exemption,
  356  accompanied by a certification notice from the corporation to
  357  the property appraiser. The property appraiser shall review the
  358  application and determine whether the applicant meets all of the
  359  requirements of this subsection and is entitled to an exemption.
  360  A property appraiser may request and review additional
  361  information necessary to make such determination. A property
  362  appraiser may grant an exemption only for a property for which
  363  the corporation has issued a certification notice and which the
  364  property appraiser determines is entitled to an exemption.
  365         (f) To receive a certification notice, a property owner
  366  must submit a request to the corporation for certification on a
  367  form provided by the corporation which includes all of the
  368  following:
  369         1. The most recently completed rental market study meeting
  370  the requirements of paragraph (l) (m).
  371         2. A list of the units for which the property owner seeks
  372  an exemption.
  373         3. The rent amount received by the property owner for each
  374  unit for which the property owner seeks an exemption. If a unit
  375  is vacant and qualifies for an exemption under paragraph (c),
  376  the property owner must provide evidence of the published rent
  377  amount for each vacant unit.
  378         4. A sworn statement, under penalty of perjury, from the
  379  applicant restricting the property for a period of not less than
  380  3 years to housing persons or families who meet the income
  381  limitations under this subsection.
  382         (g) The corporation shall review the request for a
  383  certification notice and certify whether a property that meets
  384  the eligibility criteria of paragraphs (b) and (c) this
  385  subsection. A determination by the corporation regarding a
  386  request for a certification notice does not constitute a grant
  387  of an exemption pursuant to this subsection or final agency
  388  action pursuant to chapter 120.
  389         1. If the corporation determines that the property meets
  390  the eligibility criteria for an exemption under this subsection,
  391  the corporation must send a certification notice to the property
  392  owner and the property appraiser.
  393         2. If the corporation determines that the property does not
  394  meet the eligibility criteria, the corporation must notify the
  395  property owner and include the reasons for such determination.
  396         (h) The corporation shall post on its website the deadline
  397  to submit a request for a certification notice. The deadline
  398  must allow adequate time for a property owner to submit a timely
  399  application for exemption to the property appraiser.
  400         (i) The property appraiser shall review the application and
  401  determine if the applicant is entitled to an exemption. A
  402  property appraiser may grant an exemption only for a property
  403  for which the corporation has issued a certification notice.
  404         (j) If the property appraiser determines that for any year
  405  during the immediately previous 10 years a person who was not
  406  entitled to an exemption under this subsection was granted such
  407  an exemption, the property appraiser must serve upon the owner a
  408  notice of intent to record in the public records of the county a
  409  notice of tax lien against any property owned by that person in
  410  the county, and that property must be identified in the notice
  411  of tax lien. Any property owned by the taxpayer and situated in
  412  this state is subject to the taxes exempted by the improper
  413  exemption, plus a penalty of 50 percent of the unpaid taxes for
  414  each year and interest at a rate of 15 percent per annum. If an
  415  exemption is improperly granted as a result of a clerical
  416  mistake or an omission by the property appraiser, the property
  417  owner improperly receiving the exemption may not be assessed a
  418  penalty or interest.
  419         (j)(k) Units subject to an agreement with the corporation
  420  pursuant to chapter 420 recorded in the official records of the
  421  county in which the property is located to provide housing to
  422  natural persons or families meeting the extremely-low-income,
  423  very-low-income, or low-income limits specified in s. 420.0004
  424  are not eligible for this exemption.
  425         (k)(l) Property receiving an exemption pursuant to s.
  426  196.1979 is not eligible for this exemption.
  427         (l)(m) A rental market study submitted as required by
  428  subparagraph (f)1. paragraph (f) must identify the fair market
  429  value rent of each unit for which a property owner seeks an
  430  exemption. Only a certified general appraiser as defined in s.
  431  475.611 may issue a rental market study. The certified general
  432  appraiser must be independent of the property owner who requests
  433  the rental market study. In preparing the rental market study, a
  434  certified general appraiser shall comply with the standards of
  435  professional practice pursuant to part II of chapter 475 and use
  436  comparable property within the same geographic area and of the
  437  same type as the property for which the exemption is sought. A
  438  rental market study must have been completed within 3 years
  439  before submission of the application.
  440         (m)(n) The corporation may adopt rules to implement this
  441  section.
  442         (n)(o) This subsection first applies to the 2024 tax roll
  443  and is repealed December 31, 2059.
  444         Section 5. Paragraph (b) of subsection (1), subsection (2),
  445  paragraphs (d), (f), and (l) of subsection (3), and subsection
  446  (5) of section 196.1979, Florida Statutes, are amended, present
  447  subsections (6) and (7) are redesignated as subsections (8) and
  448  (9), respectively, and new subsections (6) and (7) are added to
  449  that section, to read:
  450         196.1979 County and municipal affordable housing property
  451  exemption.—
  452         (1)
  453         (b) Qualified property may receive an ad valorem property
  454  tax exemption of:
  455         1. Up to 75 percent of the assessed value of each
  456  residential unit used to provide affordable housing if fewer
  457  than 100 percent of the multifamily project’s residential units
  458  are used to provide affordable housing meeting the requirements
  459  of this section.
  460         2. Up to 100 percent of the assessed value of each
  461  residential unit used to provide affordable housing if 100
  462  percent of the multifamily project’s residential units are used
  463  to provide affordable housing meeting the requirements of this
  464  section.
  465         (2) If a residential unit that in the previous year
  466  received qualified for the exemption under this section and was
  467  occupied by a tenant is vacant on January 1, the vacant unit may
  468  qualify for the exemption under this section if the use of the
  469  unit is restricted to providing affordable housing that would
  470  otherwise meet the requirements of this section and a reasonable
  471  effort is made to lease the unit to eligible persons or
  472  families.
  473         (3) An ordinance granting the exemption authorized by this
  474  section must:
  475         (d) Require the local entity to verify and certify property
  476  that meets the requirements of the ordinance as qualified
  477  property and forward the certification to the property owner and
  478  the property appraiser. If the local entity denies the
  479  application for certification exemption, it must notify the
  480  applicant and include reasons for the denial.
  481         (f) Require the property owner to submit an application for
  482  exemption, on a form prescribed by the department, accompanied
  483  by the certification of qualified property, to the property
  484  appraiser no later than the deadline specified in s. 196.011
  485  March 1.
  486         (l) Require the county or municipality to post on its
  487  website a list of certified properties receiving the exemption
  488  for the purpose of facilitating access to affordable housing.
  489         (5) An ordinance adopted under this section must expire
  490  before the fourth January 1 after adoption; however, the board
  491  of county commissioners or the governing body of the
  492  municipality may adopt a new ordinance to renew the exemption.
  493  The board of county commissioners or the governing body of the
  494  municipality shall deliver a copy of an ordinance adopted under
  495  this section to the department and the property appraiser within
  496  10 days after its adoption, but no later than January 1 of the
  497  year such exemption will take effect. If the ordinance expires
  498  or is repealed, the board of county commissioners or the
  499  governing body of the municipality must notify the department
  500  and the property appraiser within 10 days after its expiration
  501  or repeal, but no later than January 1 of the year the repeal or
  502  expiration of such exemption will take effect.
  503         (6) The property appraiser shall review each application
  504  for exemption and determine whether the applicant meets all of
  505  the requirements of this section and is entitled to an
  506  exemption. A property appraiser may request and review
  507  additional information necessary to make such determination. A
  508  property appraiser may grant an exemption only for a property
  509  for which the local entity has certified as qualified property
  510  and which the property appraiser determines is entitled to an
  511  exemption.
  512         (7) When determining the value of a unit for purposes of
  513  applying an exemption pursuant to this section, the property
  514  appraiser must include in such valuation the proportionate share
  515  of the residential common areas, including the land, fairly
  516  attributable to such unit.
  517         Section 6. The amendments made by this act to ss. 196.1978,
  518  and 196.1979, Florida Statutes, are intended to be remedial and
  519  clarifying in nature and apply retroactively to January 1, 2024.
  520         Section 7. Present subsection (5) of section 333.03,
  521  Florida Statutes, is redesignated as subsection (6), and a new
  522  subsection (5) is added to that section, to read:
  523         333.03 Requirement to adopt airport zoning regulations.—
  524         (5) Sections 125.01055(7) and 166.04151(7) do not apply to
  525  any of the following:
  526         (a)A proposed development near a runway within one-quarter
  527  of a mile laterally from the runway edge and within an area that
  528  is the width of one-quarter of a mile extending at right angles
  529  from the end of the runway for a distance of 10,000 feet of any
  530  existing airport runway or planned airport runway identified in
  531  the local government’s airport master plan.
  532         (b)A proposed development within any airport noise zone
  533  identified in the federal land use compatibility table or in a
  534  land-use zoning or airport noise regulation adopted by the local
  535  government.
  536  
  537  ================= T I T L E  A M E N D M E N T ================
  538  And the title is amended as follows:
  539         Delete lines 3 - 61
  540  and insert:
  541         125.01055 and 166.04151, F.S.; clarifying application;
  542         prohibiting counties and municipalities, respectively,
  543         from restricting the floor area ratio of certain
  544         proposed developments under certain circumstances;
  545         providing that the density, floor area ratio, or
  546         height of certain developments, bonuses, variances, or
  547         other special exceptions are not included in the
  548         calculation of the currently allowed density, floor
  549         area ratio, or height by counties and municipalities,
  550         respectively; authorizing counties and municipalities,
  551         respectively, to restrict the height of proposed
  552         developments under certain circumstances; prohibiting
  553         the administrative approval by counties and
  554         municipalities, respectively, of a proposed
  555         development within a specified proximity to a military
  556         installation; requiring counties and municipalities,
  557         respectively, to maintain a certain policy on their
  558         websites; requiring counties and municipalities,
  559         respectively, to consider reducing parking
  560         requirements under certain circumstances; requiring
  561         counties and municipalities, respectively, to reduce
  562         or eliminate parking requirements for certain proposed
  563         mixed-use developments that meet certain requirements;
  564         defining the term “major transportation hub”;
  565         providing certain requirements for developments
  566         located within a transit-oriented development or area;
  567         making technical changes; providing requirements for
  568         developments authorized as a transit-oriented
  569         development or area; clarifying that a county or
  570         municipality, respectively, is not precluded from
  571         granting additional exceptions; revising
  572         applicability; authorizing specified developments to
  573         be treated as a conforming use; amending s. 196.1978,
  574         F.S.; revising the definition of the term “newly
  575         constructed”; revising conditions for when multifamily
  576         projects are considered property used for a charitable
  577         purpose and are eligible to receive an ad valorem
  578         property tax exemption; making technical changes;
  579         requiring property appraisers to make certain
  580         exemptions from ad valorem property taxes; providing
  581         the method for determining the value of a unit for
  582         certain purposes; requiring property appraisers to
  583         review certain applications and make certain
  584         determinations; authorizing property appraisers to
  585         request and review additional information; authorizing
  586         property appraisers to grant exemptions only under
  587         certain conditions; revising requirements for property
  588         owners seeking a certification notice from the Florida
  589         Housing Finance Corporation; providing that a certain
  590         determination by the corporation does not constitute
  591         an exemption; conforming provisions to changes made by
  592         the act; amending s. 196.1979, F.S.; revising the
  593         value to which a certain ad valorem property tax
  594         exemption applies; revising a condition of eligibility
  595         for vacant residential units to qualify for a certain
  596         ad valorem property tax exemption; making technical
  597         changes; revising the deadline for an application for
  598         exemption; revising deadlines by which boards and
  599         governing bodies must deliver or notify the Department
  600         of Revenue of the adoption, repeal, or expiration, of
  601         certain ordinances; requiring property appraisers to
  602         review certain applications and make certain
  603         determinations; authorizing property appraisers to
  604         request and review additional information; authorizing
  605         property appraisers to grant exemptions only under
  606         certain conditions; providing the method for
  607         determining the value of a unit for certain purposes;
  608         providing for retroactive application;