Florida Senate - 2024          (Corrected Copy)    CS for SB 328
       
       
        
       By the Committee on Community Affairs; and Senator Calatayud
       
       
       
       
       
       578-01993-24                                           2024328c1
    1                        A bill to be entitled                      
    2         An act relating to affordable housing; amending ss.
    3         125.01055 and 166.04151, F.S.; deleting a provision
    4         related to the authorization of multifamily and mixed
    5         use residential development uses in any area zoned for
    6         industrial use; prohibiting counties and
    7         municipalities, respectively, from restricting the
    8         floor area ratio of certain proposed developments
    9         under certain circumstances; providing that the
   10         density or floor area ratio of certain developments,
   11         bonuses, variances, or other special exceptions are
   12         not included in the calculation of the currently
   13         allowed density or floor area ratio by counties and
   14         municipalities, respectively; revising prohibitions
   15         relating to counties’ and municipalities’ restrictions
   16         of the height of certain proposed developments,
   17         respectively; authorizing counties and municipalities,
   18         respectively, to restrict the height of proposed
   19         developments under certain circumstances; providing
   20         that certain factors may not be taken into account in
   21         the calculation of the currently allowed height;
   22         prohibiting the administrative approval by counties
   23         and municipalities, respectively, of a proposed
   24         development within a specified proximity to a military
   25         installation; requiring counties and municipalities,
   26         respectively, to maintain a certain policy on their
   27         websites; requiring counties and municipalities,
   28         respectively, to consider reducing parking
   29         requirements under certain circumstances; requiring
   30         counties and municipalities, respectively, to reduce
   31         or eliminate parking requirements for certain proposed
   32         mixed-use developments that meet certain requirements;
   33         defining the term “major transportation hub”;
   34         providing certain requirements for developments
   35         located within a transit-oriented development or area;
   36         making technical changes; providing requirements for
   37         developments authorized as a transit-oriented
   38         development or area; revising applicability;
   39         authorizing specified developments to be treated as a
   40         conforming use; amending s. 196.1978, F.S.; revising
   41         the definition of the term “newly constructed”;
   42         defining the term “substantial rehabilitation”;
   43         revising conditions for when multifamily projects are
   44         considered property used for a charitable purpose and
   45         are eligible to receive an ad valorem property tax
   46         exemption; making technical changes; requiring
   47         property appraisers to make certain exemptions from ad
   48         valorem property taxes; providing the method for
   49         determining the value of a unit for certain purposes;
   50         requiring property appraisers to review certain
   51         applications and make certain determinations;
   52         authorizing property appraisers to request and review
   53         additional information; authorizing property
   54         appraisers to grant exemptions only under certain
   55         conditions; revising requirements for property owners
   56         seeking a certification notice from the Florida
   57         Housing Finance Corporation; providing that a certain
   58         determination by the corporation does not constitute
   59         an exemption; specifying requirements for a market
   60         value analysis; conforming provisions to changes made
   61         by the act; providing for retroactive application;
   62         amending s. 333.03, F.S.; excluding certain proposed
   63         developments from specified airport zoning provisions;
   64         amending s. 420.507, F.S.; revising the enumerated
   65         powers of the Florida Housing Finance Corporation;
   66         amending s. 420.5096, F.S.; making technical changes;
   67         amending s. 420.518, F.S.; specifying conditions under
   68         which the Florida Housing Finance Corporation may
   69         preclude applicants from corporation programs;
   70         providing an appropriation; providing an effective
   71         date.
   72          
   73  Be It Enacted by the Legislature of the State of Florida:
   74  
   75         Section 1. Subsection (7) of section 125.01055, Florida
   76  Statutes, is amended, and subsection (8) is added to that
   77  section, to read:
   78         125.01055 Affordable housing.—
   79         (7)(a) A county must authorize multifamily and mixed-use
   80  residential as allowable uses in any area zoned for commercial,
   81  industrial, or mixed use if at least 40 percent of the
   82  residential units in a proposed multifamily rental development
   83  are rental units that, for a period of at least 30 years, are
   84  affordable as defined in s. 420.0004. Notwithstanding any other
   85  law, local ordinance, or regulation to the contrary, a county
   86  may not require a proposed multifamily development to obtain a
   87  zoning or land use change, special exception, conditional use
   88  approval, variance, or comprehensive plan amendment for the
   89  building height, zoning, and densities authorized under this
   90  subsection. For mixed-use residential projects, at least 65
   91  percent of the total square footage must be used for residential
   92  purposes.
   93         (b) A county may not restrict the density or floor area
   94  ratio of a proposed development authorized under this subsection
   95  below the highest currently allowed density or floor area ratio
   96  on any unincorporated land in the county where residential
   97  development is allowed under the county’s land development
   98  regulations. The currently allowed density or floor area ratio
   99  does not include the density or floor area ratio of any
  100  development that meets the requirements of this subsection or
  101  any bonus, variance, or other special exception for density or
  102  floor area ratio provided in the county’s land development
  103  regulations as an incentive for development.
  104         (c) A county may not restrict the height of a proposed
  105  development authorized under this subsection below the highest
  106  currently allowed height for a commercial or residential
  107  building development located in its jurisdiction within one
  108  quarter 1 mile of the proposed development or 3 stories,
  109  whichever is higher. If the height of each building on property
  110  adjacent to the proposed development is 3 stories or less, the
  111  county may restrict the height of the proposed development to
  112  135 percent of the tallest building on property adjacent to the
  113  proposed development or 3 stories, whichever is higher. The
  114  currently allowed height does not include the height of any
  115  development that meets the requirements of this subsection or
  116  any bonus, variance, or other special exception for height
  117  provided in the county’s land development regulations as an
  118  incentive for development.
  119         (d) A proposed development authorized under this subsection
  120  must be administratively approved and no further action by the
  121  board of county commissioners is required if the development
  122  satisfies the county’s land development regulations for
  123  multifamily developments in areas zoned for such use and is
  124  otherwise consistent with the comprehensive plan, with the
  125  exception of provisions establishing allowable densities,
  126  height, and land use. Such land development regulations include,
  127  but are not limited to, regulations relating to setbacks and
  128  parking requirements. A proposed development located within one
  129  quarter mile of a military installation identified in s.
  130  163.3175(2) may not be administratively approved. Each county
  131  shall maintain on its website a policy containing procedures and
  132  expectations for administrative approval pursuant to this
  133  subsection.
  134         (e)1. A county must consider reducing parking requirements
  135  for a proposed development authorized under this subsection if
  136  the development is located within one-quarter one-half mile of a
  137  major transit stop, as defined in the county’s land development
  138  code, and the major transit stop is accessible from the
  139  development.
  140         2.A county must reduce parking requirements for a proposed
  141  development authorized under this subsection if the development
  142  is located within one-half mile of a major transportation hub
  143  that is accessible from the development by safe, pedestrian
  144  friendly means, such as sidewalks, crosswalks, elevated
  145  pedestrian or bike paths, or other multimodal design features.
  146         3.A county must eliminate parking requirements for a
  147  proposed mixed-use residential development authorized under this
  148  subsection within an area recognized by the county as a transit
  149  oriented development or area, as provided in paragraph (g).
  150         4.For purposes of this paragraph, the term “major
  151  transportation hub” means any transit station, whether bus,
  152  train, or light rail, which is served by public transit with a
  153  mix of other transportation options.
  154         (f) For proposed multifamily developments in an
  155  unincorporated area zoned for commercial or industrial use which
  156  is within the boundaries of a multicounty independent special
  157  district that was created to provide municipal services and is
  158  not authorized to levy ad valorem taxes, and less than 20
  159  percent of the land area within such district is designated for
  160  commercial or industrial use, a county must authorize, as
  161  provided in this subsection, such development only if the
  162  development is mixed-use residential.
  163         (g) A development authorized under this section which is
  164  located within a transit-oriented development or area, as
  165  recognized by the county, must be mixed-use residential and
  166  otherwise comply with requirements of the county’s regulations
  167  applicable to the transit-oriented development or area except
  168  for use, height, density, and floor area ratio as provided in
  169  this section or as otherwise agreed to by the county and the
  170  applicant for the development.
  171         (h) Except as otherwise provided in this subsection, a
  172  development authorized under this subsection must comply with
  173  all applicable state and local laws and regulations.
  174         (i)(h) This subsection does not apply to airport-impacted
  175  areas as provided in s. 333.03 property defined as recreational
  176  and commercial working waterfront in s. 342.201(2)(b) in any
  177  area zoned as industrial.
  178         (j)(i) This subsection expires October 1, 2033.
  179         (8)Any development authorized under paragraph (7)(a) must
  180  be treated as a conforming use even after the expiration of
  181  subsection (7) and the development’s affordability period as
  182  provided in paragraph (7)(a), notwithstanding the county’s
  183  comprehensive plan, future land use designation, or zoning. If
  184  at any point during the development’s affordability period the
  185  development violates the affordability period requirement
  186  provided in paragraph (7)(a), the development must be allowed a
  187  reasonable time to cure such violation. If the violation is not
  188  cured within a reasonable time, the development must be treated
  189  as a nonconforming use.
  190         Section 2. Subsection (7) of section 166.04151, Florida
  191  Statutes, is amended, and subsection (8) is added to that
  192  section, to read:
  193         166.04151 Affordable housing.—
  194         (7)(a) A municipality must authorize multifamily and mixed
  195  use residential as allowable uses in any area zoned for
  196  commercial, industrial, or mixed use if at least 40 percent of
  197  the residential units in a proposed multifamily rental
  198  development are rental units that, for a period of at least 30
  199  years, are affordable as defined in s. 420.0004. Notwithstanding
  200  any other law, local ordinance, or regulation to the contrary, a
  201  municipality may not require a proposed multifamily development
  202  to obtain a zoning or land use change, special exception,
  203  conditional use approval, variance, or comprehensive plan
  204  amendment for the building height, zoning, and densities
  205  authorized under this subsection. For mixed-use residential
  206  projects, at least 65 percent of the total square footage must
  207  be used for residential purposes.
  208         (b) A municipality may not restrict the density or floor
  209  area ratio of a proposed development authorized under this
  210  subsection below the highest currently allowed density or floor
  211  area ratio on any land in the municipality where residential
  212  development is allowed under the municipality’s land development
  213  regulations. The currently allowed density or floor area ratio
  214  does not include the density or floor area ratio of any
  215  development that meets the requirements of this subsection or
  216  any bonus, variance, or other special exception for density or
  217  floor area ratio provided in the municipality’s land development
  218  regulations as an incentive for development.
  219         (c) A municipality may not restrict the height of a
  220  proposed development authorized under this subsection below the
  221  highest currently allowed height for a commercial or residential
  222  building development located in its jurisdiction within one
  223  quarter 1 mile of the proposed development or 3 stories,
  224  whichever is higher. If the height of each building on property
  225  adjacent to the proposed development is 3 stories or less, the
  226  municipality may restrict the height to 135 percent of the
  227  tallest building on property adjacent to the proposed
  228  development or 3 stories, whichever is higher. The currently
  229  allowed height does not include the height of any development
  230  that meets the requirements of this subsection or any bonus,
  231  variance, or other special exception for height provided in the
  232  municipality’s land development regulations as an incentive for
  233  development.
  234         (d) A proposed development authorized under this subsection
  235  must be administratively approved and no further action by the
  236  governing body of the municipality is required if the
  237  development satisfies the municipality’s land development
  238  regulations for multifamily developments in areas zoned for such
  239  use and is otherwise consistent with the comprehensive plan,
  240  with the exception of provisions establishing allowable
  241  densities, height, and land use. Such land development
  242  regulations include, but are not limited to, regulations
  243  relating to setbacks and parking requirements. A proposed
  244  development located within one-quarter mile of a military
  245  installation identified in s. 163.3175(2) may not be
  246  administratively approved. Each municipality shall maintain on
  247  its website a policy containing procedures and expectations for
  248  administrative approval pursuant to this subsection.
  249         (e)1. A municipality must consider reducing parking
  250  requirements for a proposed development authorized under this
  251  subsection if the development is located within one-quarter one
  252  half mile of a major transit stop, as defined in the
  253  municipality’s land development code, and the major transit stop
  254  is accessible from the development.
  255         2.A municipality must reduce parking requirements for a
  256  proposed development authorized under this subsection if the
  257  development is located within one-half mile of a major
  258  transportation hub that is accessible from the development by
  259  safe, pedestrian-friendly means, such as sidewalks, crosswalks,
  260  elevated pedestrian or bike paths, or other multimodal design
  261  features.
  262         3.A municipality must eliminate parking requirements for a
  263  proposed mixed-use residential development authorized under this
  264  subsection within an area recognized by the municipality as a
  265  transit-oriented development or area, as provided in paragraph
  266  (g).
  267         4.For purposes of this paragraph, the term “major
  268  transportation hub” means any transit station, whether bus,
  269  train, or light rail, which is served by public transit with a
  270  mix of other transportation options.
  271         (f) A municipality that designates less than 20 percent of
  272  the land area within its jurisdiction for commercial or
  273  industrial use must authorize a proposed multifamily development
  274  as provided in this subsection in areas zoned for commercial or
  275  industrial use only if the proposed multifamily development is
  276  mixed-use residential.
  277         (g) A development authorized under this section which is
  278  located within a transit-oriented development or area, as
  279  recognized by the municipality, must be mixed-use residential
  280  and otherwise comply with requirements of the municipality’s
  281  regulations applicable to the transit-oriented development or
  282  area except for use, height, density, and floor area ratio as
  283  provided in this section or as otherwise agreed to by the
  284  municipality and the applicant for the development.
  285         (h) Except as otherwise provided in this subsection, a
  286  development authorized under this subsection must comply with
  287  all applicable state and local laws and regulations.
  288         (i)(h) This subsection does not apply to airport-impacted
  289  areas as provided in s. 333.03 property defined as recreational
  290  and commercial working waterfront in s. 342.201(2)(b) in any
  291  area zoned as industrial.
  292         (j)(i) This subsection expires October 1, 2033.
  293         (8)Any development authorized under paragraph (7)(a) must
  294  be treated as a conforming use even after the expiration of
  295  subsection (7) and the development’s affordability period as
  296  provided in paragraph (7)(a), notwithstanding the municipality’s
  297  comprehensive plan, future land use designation, or zoning. If
  298  at any point during the development’s affordability period the
  299  development violates the affordability period requirement
  300  provided in paragraph (7)(a), the development must be allowed a
  301  reasonable time to cure such violation. If the violation is not
  302  cured within a reasonable time, the development must be treated
  303  as a nonconforming use.
  304         Section 3. Subsection (3) of section 196.1978, Florida
  305  Statutes, is amended to read:
  306         196.1978 Affordable housing property exemption.—
  307         (3)(a) As used in this subsection, the term:
  308         1. “Corporation” means the Florida Housing Finance
  309  Corporation.
  310         2. “Newly constructed” means an improvement or the
  311  substantial rehabilitation of an existing improvement to real
  312  property which was substantially completed within 5 years before
  313  the date of an applicant’s first submission of a request for a
  314  certification notice or an application for an exemption pursuant
  315  to this subsection section, whichever is earlier.
  316         3. “Substantially completed” has the same meaning as in s.
  317  192.042(1).
  318         4.“Substantial rehabilitation” means the repair or
  319  restoration of a unit which increases the market value of such
  320  unit by at least 40 percent.
  321         (b) Notwithstanding ss. 196.195 and 196.196, portions of
  322  property in a multifamily project are considered property used
  323  for a charitable purpose and are eligible to receive an ad
  324  valorem property tax exemption if such portions meet all of the
  325  following conditions:
  326         1. Provide affordable housing to natural persons or
  327  families meeting the income limitations provided in paragraph
  328  (d).;
  329         2.a. Are within a newly constructed multifamily project
  330  that contains more than 70 units dedicated to housing natural
  331  persons or families meeting the income limitations provided in
  332  paragraph (d); or
  333         b.Are within a newly constructed multifamily project in an
  334  area of critical state concern, as designated by s. 380.0552 or
  335  chapter 28-36, Florida Administrative Code, which contains more
  336  than 10 units dedicated to housing natural persons or families
  337  meeting the income limitations provided in paragraph (d). and
  338         3. Are rented for an amount that does not exceed the amount
  339  as specified by the most recent multifamily rental programs
  340  income and rent limit chart posted by the corporation and
  341  derived from the Multifamily Tax Subsidy Projects Income Limits
  342  published by the United States Department of Housing and Urban
  343  Development or 90 percent of the fair market value rent as
  344  determined by a rental market study meeting the requirements of
  345  paragraph (l) (m), whichever is less.
  346         (c) If a unit that in the previous year received qualified
  347  for the exemption under this subsection and was occupied by a
  348  tenant is vacant on January 1, the vacant unit is eligible for
  349  the exemption if the use of the unit is restricted to providing
  350  affordable housing that would otherwise meet the requirements of
  351  this subsection and a reasonable effort is made to lease the
  352  unit to eligible persons or families.
  353         (d)1. The property appraiser shall exempt:
  354         a.Seventy-five percent of the assessed value of the units
  355  in multifamily projects that meet the requirements of this
  356  subsection and are Qualified property used to house natural
  357  persons or families whose annual household income is greater
  358  than 80 percent but not more than 120 percent of the median
  359  annual adjusted gross income for households within the
  360  metropolitan statistical area or, if not within a metropolitan
  361  statistical area, within the county in which the person or
  362  family resides; and, must receive an ad valorem property tax
  363  exemption of 75 percent of the assessed value.
  364         b.2.From ad valorem property taxes the units in
  365  multifamily projects that meet the requirements of this
  366  subsection and are Qualified property used to house natural
  367  persons or families whose annual household income does not
  368  exceed 80 percent of the median annual adjusted gross income for
  369  households within the metropolitan statistical area or, if not
  370  within a metropolitan statistical area, within the county in
  371  which the person or family resides, is exempt from ad valorem
  372  property taxes.
  373         2.When determining the value of a unit for purposes of
  374  applying an exemption pursuant to this paragraph, the property
  375  appraiser must include in such valuation the proportionate share
  376  of the residential common areas, including the land, fairly
  377  attributable to such unit.
  378         (e) To be eligible to receive an exemption under this
  379  subsection, a property owner must submit an application on a
  380  form prescribed by the department by March 1 for the exemption,
  381  accompanied by a certification notice from the corporation to
  382  the property appraiser. The property appraiser shall review the
  383  application and determine whether the applicant meets all of the
  384  requirements of this subsection and is entitled to an exemption.
  385  A property appraiser may request and review additional
  386  information necessary to make such determination. A property
  387  appraiser may grant an exemption only for a property for which
  388  the corporation has issued a certification notice and which the
  389  property appraiser determines is entitled to an exemption.
  390         (f) To receive a certification notice, a property owner
  391  must submit a request to the corporation for certification on a
  392  form provided by the corporation which includes all of the
  393  following:
  394         1. The most recently completed rental market study meeting
  395  the requirements of paragraph (l) (m).
  396         2. A list of the units for which the property owner seeks
  397  an exemption.
  398         3. The rent amount received by the property owner for each
  399  unit for which the property owner seeks an exemption. If a unit
  400  is vacant and qualifies for an exemption under paragraph (c),
  401  the property owner must provide evidence of the published rent
  402  amount for each vacant unit.
  403         4. If the units for which the property owner seeks an
  404  exemption have been substantially rehabilitated but have not
  405  been certified previously by the corporation pursuant to
  406  paragraph (g), a market value analysis meeting the requirements
  407  of paragraph (m) demonstrating that the units meet the
  408  definition of substantial rehabilitation in subparagraph (a)4.
  409  After receiving an initial certification notice for
  410  substantially rehabilitated units, a property owner is not
  411  required to submit a new market value analysis when requesting
  412  certification notices for subsequent years.
  413         5. A sworn statement, under penalty of perjury, from the
  414  applicant restricting the property for a period of not less than
  415  3 years to housing persons or families who meet the income
  416  limitations under this subsection.
  417         (g) The corporation shall review the request for a
  418  certification notice and certify whether a property that meets
  419  the eligibility criteria of paragraphs (b) and (c) this
  420  subsection. A determination by the corporation regarding a
  421  request for a certification notice does not constitute a grant
  422  of an exemption pursuant to this subsection or final agency
  423  action pursuant to chapter 120.
  424         1. If the corporation determines that the property meets
  425  the eligibility criteria for an exemption under this subsection,
  426  the corporation must send a certification notice to the property
  427  owner and the property appraiser.
  428         2. If the corporation determines that the property does not
  429  meet the eligibility criteria, the corporation must notify the
  430  property owner and include the reasons for such determination.
  431         (h) The corporation shall post on its website the deadline
  432  to submit a request for a certification notice. The deadline
  433  must allow adequate time for a property owner to submit a timely
  434  application for exemption to the property appraiser.
  435         (i) The property appraiser shall review the application and
  436  determine if the applicant is entitled to an exemption. A
  437  property appraiser may grant an exemption only for a property
  438  for which the corporation has issued a certification notice.
  439         (j) If the property appraiser determines that for any year
  440  during the immediately previous 10 years a person who was not
  441  entitled to an exemption under this subsection was granted such
  442  an exemption, the property appraiser must serve upon the owner a
  443  notice of intent to record in the public records of the county a
  444  notice of tax lien against any property owned by that person in
  445  the county, and that property must be identified in the notice
  446  of tax lien. Any property owned by the taxpayer and situated in
  447  this state is subject to the taxes exempted by the improper
  448  exemption, plus a penalty of 50 percent of the unpaid taxes for
  449  each year and interest at a rate of 15 percent per annum. If an
  450  exemption is improperly granted as a result of a clerical
  451  mistake or an omission by the property appraiser, the property
  452  owner improperly receiving the exemption may not be assessed a
  453  penalty or interest.
  454         (j)(k) Units subject to an agreement with the corporation
  455  pursuant to chapter 420 recorded in the official records of the
  456  county in which the property is located to provide housing to
  457  natural persons or families meeting the extremely-low-income,
  458  very-low-income, or low-income limits specified in s. 420.0004
  459  are not eligible for this exemption.
  460         (k)(l) Property receiving an exemption pursuant to s.
  461  196.1979 is not eligible for this exemption.
  462         (l)(m) A rental market study submitted as required by
  463  subparagraph (f)1. paragraph (f) must identify the fair market
  464  value rent of each unit for which a property owner seeks an
  465  exemption. Only a certified general appraiser as defined in s.
  466  475.611 may issue a rental market study. The certified general
  467  appraiser must be independent of the property owner who requests
  468  the rental market study. In preparing the rental market study, a
  469  certified general appraiser shall comply with the standards of
  470  professional practice pursuant to part II of chapter 475 and use
  471  comparable property within the same geographic area and of the
  472  same type as the property for which the exemption is sought. A
  473  rental market study must have been completed within 3 years
  474  before submission of the application.
  475         (m) A market value analysis submitted as required by
  476  subparagraph (f)4. must identify the change in the market value
  477  of the unit attributable to the rehabilitation of the unit,
  478  expressed as a percentage of the market value before the
  479  rehabilitation, for each unit that has undergone rehabilitation.
  480  Only a certified general appraiser as defined in s. 475.611 may
  481  issue a market value analysis. The certified general appraiser
  482  must be independent of the property owner who requests the
  483  market value analysis. In preparing the market value analysis, a
  484  certified general appraiser shall comply with the standards of
  485  professional practice pursuant to part II of chapter 475 and use
  486  comparable property within the same geographic area and of the
  487  same type as the property for which the exemption is sought.
  488         (n) The corporation may adopt rules to implement this
  489  section.
  490         (o) This subsection first applies to the 2024 tax roll and
  491  is repealed December 31, 2059.
  492         Section 4. The amendments made by this act to s. 196.1978,
  493  Florida Statutes, are intended to be remedial and clarifying in
  494  nature and apply retroactively to January 1, 2024.
  495         Section 5. Present subsection (5) of section 333.03,
  496  Florida Statutes, is redesignated as subsection (6), and a new
  497  subsection (5) is added to that section, to read:
  498         333.03 Requirement to adopt airport zoning regulations.—
  499         (5) Sections 125.01055(7) and 166.04151(7) do not apply to
  500  any of the following:
  501         (a)A proposed development within 10,000 feet of the
  502  nearest point of any existing airport runway or planned airport
  503  runway identified in the local government’s airport master plan.
  504         (b)A proposed development within any airport noise zone
  505  identified in the federal land use compatibility table.
  506         (c)A proposed development that exceeds maximum height
  507  restrictions identified in the political subdivision’s airport
  508  zoning regulation adopted pursuant to this section.
  509         Section 6. Subsection (35) of section 420.507, Florida
  510  Statutes, is amended to read:
  511         420.507 Powers of the corporation.—The corporation shall
  512  have all the powers necessary or convenient to carry out and
  513  effectuate the purposes and provisions of this part, including
  514  the following powers which are in addition to all other powers
  515  granted by other provisions of this part:
  516         (35) To preclude any applicant, sponsor, or affiliate of an
  517  applicant or sponsor from further participation in any of the
  518  corporation’s programs as provided in s. 420.518, any applicant
  519  or affiliate of an applicant which has made a material
  520  misrepresentation or engaged in fraudulent actions in connection
  521  with any application for a corporation program.
  522         Section 7. Subsection (3) of section 420.5096, Florida
  523  Statutes, is amended to read:
  524         420.5096 Florida Hometown Hero Program.—
  525         (3) For loans made available pursuant to s.
  526  420.507(23)(a)1. or 2., the corporation may underwrite and make
  527  those mortgage loans through the program to persons or families
  528  who have household incomes that do not exceed 150 percent of the
  529  state median income or local median income, whichever is
  530  greater. A borrower must be seeking to purchase a home as a
  531  primary residence; must be a first-time homebuyer and a Florida
  532  resident; and must be employed full-time by a Florida-based
  533  employer. The borrower must provide documentation of full-time
  534  employment, or full-time status for self-employed individuals,
  535  of 35 hours or more per week. The requirement to be a first-time
  536  homebuyer does not apply to a borrower who is an active duty
  537  servicemember of a branch of the armed forces or the Florida
  538  National Guard, as defined in s. 250.01, or a veteran.
  539         Section 8. Section 420.518, Florida Statutes, is amended to
  540  read:
  541         420.518 Preclusion from participation in corporation
  542  programs Fraudulent or material misrepresentation.—
  543         (1) An applicant, a sponsor, or an affiliate of an
  544  applicant or a sponsor may be precluded from participation in
  545  any corporation program if the applicant or affiliate of the
  546  applicant has:
  547         (a) Made a material misrepresentation or engaged in
  548  fraudulent actions in connection with any corporation program.
  549         (b) Been convicted or found guilty of, or entered a plea of
  550  guilty or nolo contendere to, regardless of adjudication, a
  551  crime in any jurisdiction which directly relates to the
  552  financing, construction, or management of affordable housing or
  553  the fraudulent procurement of state or federal funds. The record
  554  of a conviction certified or authenticated in such form as to be
  555  admissible in evidence under the laws of the state shall be
  556  admissible as prima facie evidence of such guilt.
  557         (c) Been excluded from any federal funding program related
  558  to the provision of housing, including debarment from
  559  participation in federal housing programs by the United States
  560  Department of Housing and Urban Development.
  561         (d) Been excluded from any federal or Florida procurement
  562  programs.
  563         (e) Offered or given consideration, other than the
  564  consideration to provide affordable housing, with respect to a
  565  local contribution.
  566         (f) Demonstrated a pattern of noncompliance and a failure
  567  to correct any such noncompliance after notice from the
  568  corporation in the construction, operation, or management of one
  569  or more developments funded through a corporation program.
  570         (g) Materially or repeatedly violated any condition imposed
  571  by the corporation in connection with the administration of a
  572  corporation program, including a land use restriction agreement,
  573  an extended use agreement, or any other financing or regulatory
  574  agreement with the corporation.
  575         (2) Upon a determination by the board of directors of the
  576  corporation that an applicant or affiliate of the applicant be
  577  precluded from participation in any corporation program, the
  578  board may issue an order taking any or all of the following
  579  actions:
  580         (a) Preclude such applicant or affiliate from applying for
  581  funding from any corporation program for a specified period. The
  582  period may be a specified period of time or permanent in nature.
  583  With regard to establishing the duration, the board shall
  584  consider the facts and circumstances, inclusive of the
  585  compliance history of the applicant or affiliate of the
  586  applicant, the type of action under subsection (1), and the
  587  degree of harm to the corporation’s programs that has been or
  588  may be done.
  589         (b) Revoke any funding previously awarded by the
  590  corporation for any development for which construction or
  591  rehabilitation has not commenced.
  592         (3) Before any order issued under this section can be
  593  final, an administrative complaint must be served on the
  594  applicant, affiliate of the applicant, or its registered agent
  595  that provides notification of findings of the board, the
  596  intended action, and the opportunity to request a proceeding
  597  pursuant to ss. 120.569 and 120.57.
  598         (4) Any funding, allocation of federal housing credits,
  599  credit underwriting procedures, or application review for any
  600  development for which construction or rehabilitation has not
  601  commenced may be suspended by the corporation upon the service
  602  of an administrative complaint on the applicant, affiliate of
  603  the applicant, or its registered agent. The suspension shall be
  604  effective from the date the administrative complaint is served
  605  until an order issued by the corporation in regard to that
  606  complaint becomes final.
  607         Section 9. For the 2024-2025 fiscal year, from the funds
  608  received and deposited into the General Revenue Fund from the
  609  state’s allocation from the federal Coronavirus State Fiscal
  610  Recovery Fund created under the American Rescue Plan Act of
  611  2021, Pub. L. No. 117-2, the sum of $100 million in nonrecurring
  612  funds is appropriated to the State Housing Trust Fund for use by
  613  the Florida Housing Finance Corporation to implement the Florida
  614  Hometown Hero Program established in s. 420.5096, Florida
  615  Statutes.
  616         Section 10. This act shall take effect upon becoming a law.