Florida Senate - 2024                       CS for CS for SB 328
       
       
        
       By the Committees on Fiscal Policy; and Community Affairs; and
       Senators Calatayud, Osgood, and Stewart
       
       
       
       
       594-02702A-24                                          2024328c2
    1                        A bill to be entitled                      
    2         An act relating to affordable housing; amending ss.
    3         125.01055 and 166.04151, F.S.; clarifying application;
    4         prohibiting counties and municipalities, respectively,
    5         from restricting the floor area ratio of certain
    6         proposed developments under certain circumstances;
    7         providing that the density, floor area ratio, or
    8         height of certain developments, bonuses, variances, or
    9         other special exceptions are not included in the
   10         calculation of the currently allowed density, floor
   11         area ratio, or height by counties and municipalities,
   12         respectively; authorizing counties and municipalities,
   13         respectively, to restrict the height of proposed
   14         developments under certain circumstances; prohibiting
   15         the administrative approval by counties and
   16         municipalities, respectively, of a proposed
   17         development within a specified proximity to a military
   18         installation; requiring counties and municipalities,
   19         respectively, to maintain a certain policy on their
   20         websites; requiring counties and municipalities,
   21         respectively, to consider reducing parking
   22         requirements under certain circumstances; requiring
   23         counties and municipalities, respectively, to reduce
   24         or eliminate parking requirements for certain proposed
   25         mixed-use developments that meet certain requirements;
   26         providing certain requirements for developments
   27         located within a transit-oriented development or area;
   28         defining the term “major transportation hub”; making
   29         technical changes; providing requirements for
   30         developments authorized located within a transit
   31         oriented development or area; clarifying that a county
   32         or municipality, respectively, is not precluded from
   33         granting additional exceptions; clarifying that a
   34         proposed development is not precluded from receiving a
   35         bonus for density, height, or floor area ratio if
   36         specified conditions are satisfied; revising
   37         applicability; authorizing specified developments to
   38         be treated as a conforming use under certain
   39         circumstances; authorizing specified developments to
   40         be treated as a nonconforming use under certain
   41         circumstances; amending s. 196.1978, F.S.; revising
   42         the definition of the term “newly constructed”;
   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; conforming provisions to changes made by
   60         the act; amending s. 196.1979, F.S.; revising the
   61         value to which a certain ad valorem property tax
   62         exemption applies; revising a condition of eligibility
   63         for vacant residential units to qualify for a certain
   64         ad valorem property tax exemption; making technical
   65         changes; revising the deadline for an application for
   66         exemption; revising deadlines by which boards and
   67         governing bodies must deliver to or notify the
   68         Department of Revenue of the adoption, repeal, or
   69         expiration of certain ordinances; requiring property
   70         appraisers to review certain applications and make
   71         certain determinations; authorizing property
   72         appraisers to request and review additional
   73         information; authorizing property appraisers to grant
   74         exemptions only under certain conditions; providing
   75         the method for determining the value of a unit for
   76         certain purposes; providing for retroactive
   77         application; amending s. 333.03, F.S.; excluding
   78         certain proposed developments from specified airport
   79         zoning provisions; amending s. 420.507, F.S.; revising
   80         the enumerated powers of the corporation; amending s.
   81         420.5096, F.S.; making technical changes; amending s.
   82         420.518, F.S.; specifying conditions under which the
   83         corporation may preclude applicants from corporation
   84         programs; providing an appropriation; providing an
   85         effective date.
   86          
   87  Be It Enacted by the Legislature of the State of Florida:
   88  
   89         Section 1. Subsection (7) of section 125.01055, Florida
   90  Statutes, is amended, and subsection (8) is added to that
   91  section, to read:
   92         125.01055 Affordable housing.—
   93         (7)(a) A county must authorize multifamily and mixed-use
   94  residential as allowable uses in any area zoned for commercial,
   95  industrial, or mixed use if at least 40 percent of the
   96  residential units in a proposed multifamily rental development
   97  are rental units that, for a period of at least 30 years, are
   98  affordable as defined in s. 420.0004. Notwithstanding any other
   99  law, local ordinance, or regulation to the contrary, a county
  100  may not require a proposed multifamily development to obtain a
  101  zoning or land use change, special exception, conditional use
  102  approval, variance, or comprehensive plan amendment for the
  103  building height, zoning, and densities authorized under this
  104  subsection. For mixed-use residential projects, at least 65
  105  percent of the total square footage must be used for residential
  106  purposes.
  107         (b) A county may not restrict the density of a proposed
  108  development authorized under this subsection below the highest
  109  currently allowed density on any unincorporated land in the
  110  county where residential development is allowed under the
  111  county’s land development regulations. For purposes of this
  112  paragraph, the term “highest currently allowed density does not
  113  include the density of any development that met the requirements
  114  of this subsection or the density of any development which has
  115  received any bonus, variance, or other special exception for
  116  density provided in the county’s land development regulations as
  117  an incentive for development.
  118         (c) A county may not restrict the floor area ratio of a
  119  proposed development authorized under this subsection below the
  120  highest currently allowed floor area ratio on any unincorporated
  121  land in the county where development is allowed under the
  122  county’s land development regulations. For purposes of this
  123  paragraph, the term “highest currently allowed floor area ratio
  124  does not include the floor area ratio of any development that
  125  met the requirements of this subsection or the floor area ratio
  126  of any development which has received any bonus, variance, or
  127  other special exception for floor area ratio provided in the
  128  county’s land development regulations as an incentive for
  129  development. For purposes of this subsection, the term floor
  130  area ratio includes floor lot ratio.
  131         (d)1.(c) A county may not restrict the height of a proposed
  132  development authorized under this subsection below the highest
  133  currently allowed height for a commercial or residential
  134  building development located in its jurisdiction within 1 mile
  135  of the proposed development or 3 stories, whichever is higher.
  136  For purposes of this paragraph, the term “highest currently
  137  allowed height does not include the height of any development
  138  that met the requirements of this subsection or the height of
  139  any development which has received any bonus, variance, or other
  140  special exception for height provided in the county’s land
  141  development regulations as an incentive for development.
  142         2. If the proposed development is adjacent to, on two or
  143  more sides, a parcel zoned for single-family residential use
  144  that is within a single-family residential development with at
  145  least 25 contiguous single-family homes, the county may restrict
  146  the height of the proposed development to 150 percent of the
  147  tallest building on property within one-quarter mile of the
  148  proposed development or 3 stories, whichever is higher.
  149         (e)(d) A proposed development authorized under this
  150  subsection must be administratively approved and no further
  151  action by the board of county commissioners is required if the
  152  development satisfies the county’s land development regulations
  153  for multifamily developments in areas zoned for such use and is
  154  otherwise consistent with the comprehensive plan, with the
  155  exception of provisions establishing allowable densities, floor
  156  area ratios, height, and land use. Such land development
  157  regulations include, but are not limited to, regulations
  158  relating to setbacks and parking requirements. A proposed
  159  development located within one-quarter mile of a military
  160  installation identified in s. 163.3175(2) may not be
  161  administratively approved. Each county shall maintain on its
  162  website a policy containing procedures and expectations for
  163  administrative approval pursuant to this subsection.
  164         (f)1.(e) A county must consider reducing parking
  165  requirements for a proposed development authorized under this
  166  subsection if the development is located within one-quarter one
  167  half mile of a major transit stop, as defined in the county’s
  168  land development code, and the major transit stop is accessible
  169  from the development.
  170         2.A county must reduce parking requirements by 20 percent
  171  for a proposed development authorized under this subsection if
  172  the development:
  173         a. Is located within one-half mile of a major
  174  transportation hub that is accessible from the proposed
  175  development by safe, pedestrian-friendly means, such as
  176  sidewalks, crosswalks, elevated pedestrian or bike paths, or
  177  other multimodal design features; and
  178         b. Has available parking within 600 feet of the proposed
  179  development which may consist of options such as on-street
  180  parking, parking lots, or parking garages available for use by
  181  residents of the proposed development.
  182         3.A county must eliminate parking requirements for a
  183  proposed mixed-use residential development authorized under this
  184  subsection within an area recognized by the county as a transit
  185  oriented development or area, as provided in paragraph (h).
  186         4.For purposes of this paragraph, the term “major
  187  transportation hub” means any transit station, whether bus,
  188  train, or light rail, which is served by public transit with a
  189  mix of other transportation options.
  190         (g)(f) For proposed multifamily developments in an
  191  unincorporated area zoned for commercial or industrial use which
  192  is within the boundaries of a multicounty independent special
  193  district that was created to provide municipal services and is
  194  not authorized to levy ad valorem taxes, and less than 20
  195  percent of the land area within such district is designated for
  196  commercial or industrial use, a county must authorize, as
  197  provided in this subsection, such development only if the
  198  development is mixed-use residential.
  199         (h)A proposed development authorized under this subsection
  200  which is located within a transit-oriented development or area,
  201  as recognized by the county, must be mixed-use residential and
  202  otherwise comply with requirements of the county’s regulations
  203  applicable to the transit-oriented development or area except
  204  for use, height, density, and floor area ratio as provided in
  205  this subsection or as otherwise agreed to by the county and the
  206  applicant for the development.
  207         (i)(g) Except as otherwise provided in this subsection, a
  208  development authorized under this subsection must comply with
  209  all applicable state and local laws and regulations.
  210         (j)1.Nothing in this subsection precludes a county from
  211  granting a bonus, variance, conditional use, or other special
  212  exception for height, density, or floor area ratio in addition
  213  to the height, density, and floor area ratio requirements in
  214  this subsection.
  215         2. Nothing in this subsection precludes a proposed
  216  development authorized under this subsection from receiving a
  217  bonus for density, height, or floor area ratio pursuant to an
  218  ordinance or regulation of the jurisdiction where the proposed
  219  development is located if the proposed development satisfies the
  220  conditions to receive the bonus except for any condition which
  221  conflicts with this subsection.
  222         (k)(h) This subsection does not apply to:
  223         1. Airport-impacted areas as provided in s. 333.03.
  224         2. Property defined as recreational and commercial working
  225  waterfront in s. 342.201(2)(b) in any area zoned as industrial.
  226         (l)(i) This subsection expires October 1, 2033.
  227         (8)Any development authorized under paragraph (7)(a) must
  228  be treated as a conforming use even after the expiration of
  229  subsection (7) and the development’s affordability period as
  230  provided in paragraph (7)(a), notwithstanding the county’s
  231  comprehensive plan, future land use designation, or zoning. If
  232  at any point during the development’s affordability period the
  233  development violates the affordability period requirement
  234  provided in paragraph (7)(a), the development must be allowed a
  235  reasonable time to cure such violation. If the violation is not
  236  cured within a reasonable time, the development must be treated
  237  as a nonconforming use.
  238         Section 2. Subsection (7) of section 166.04151, Florida
  239  Statutes, is amended, and subsection (8) is added to that
  240  section, to read:
  241         166.04151 Affordable housing.—
  242         (7)(a) A municipality must authorize multifamily and mixed
  243  use residential as allowable uses in any area zoned for
  244  commercial, industrial, or mixed use if at least 40 percent of
  245  the residential units in a proposed multifamily rental
  246  development are rental units that, for a period of at least 30
  247  years, are affordable as defined in s. 420.0004. Notwithstanding
  248  any other law, local ordinance, or regulation to the contrary, a
  249  municipality may not require a proposed multifamily development
  250  to obtain a zoning or land use change, special exception,
  251  conditional use approval, variance, or comprehensive plan
  252  amendment for the building height, zoning, and densities
  253  authorized under this subsection. For mixed-use residential
  254  projects, at least 65 percent of the total square footage must
  255  be used for residential purposes.
  256         (b) A municipality may not restrict the density of a
  257  proposed development authorized under this subsection below the
  258  highest currently allowed density on any land in the
  259  municipality where residential development is allowed under the
  260  municipality’s land development regulations. For purposes of
  261  this paragraph, the term “highest currently allowed density
  262  does not include the density of any development that met the
  263  requirements of this subsection or the density of any
  264  development which has received any bonus, variance, or other
  265  special exception for density provided in the municipality’s
  266  land development regulations as an incentive for development.
  267         (c) A municipality may not restrict the floor area ratio of
  268  a proposed development authorized under this subsection below
  269  the highest currently allowed floor area ratio on any land in
  270  the municipality where development is allowed under the
  271  municipality’s land development regulations. For purposes of
  272  this paragraph, the term “highest currently allowed floor area
  273  ratio does not include the floor area ratio of any development
  274  that met the requirements of this subsection or the floor area
  275  ratio of any development which has received any bonus, variance,
  276  or other special exception for floor area ratio provided in the
  277  municipality’s land development regulations as an incentive for
  278  development. For purposes of this subsection, the term “floor
  279  area ratio” includes floor lot ratio.
  280         (d)1.(c) A municipality may not restrict the height of a
  281  proposed development authorized under this subsection below the
  282  highest currently allowed height for a commercial or residential
  283  building development located in its jurisdiction within 1 mile
  284  of the proposed development or 3 stories, whichever is higher.
  285  For purposes of this paragraph, the term “highest currently
  286  allowed height does not include the height of any development
  287  that met the requirements of this subsection or the height of
  288  any development which has received any bonus, variance, or other
  289  special exception for height provided in the municipality’s land
  290  development regulations as an incentive for development.
  291         2. If the proposed development is adjacent to, on two or
  292  more sides, a parcel zoned for single-family residential use
  293  that is within a single-family residential development with at
  294  least 25 contiguous single-family homes, the municipality may
  295  restrict the height of the proposed development to 150 percent
  296  of the tallest building on property within one-quarter mile of
  297  the proposed development or 3 stories, whichever is higher.
  298         (e)(d) A proposed development authorized under this
  299  subsection must be administratively approved and no further
  300  action by the governing body of the municipality is required if
  301  the development satisfies the municipality’s land development
  302  regulations for multifamily developments in areas zoned for such
  303  use and is otherwise consistent with the comprehensive plan,
  304  with the exception of provisions establishing allowable
  305  densities, floor area ratios, height, and land use. Such land
  306  development regulations include, but are not limited to,
  307  regulations relating to setbacks and parking requirements. A
  308  proposed development located within one-quarter mile of a
  309  military installation identified in s. 163.3175(2) may not be
  310  administratively approved. Each municipality shall maintain on
  311  its website a policy containing procedures and expectations for
  312  administrative approval pursuant to this subsection.
  313         (f)1.(e) A municipality must consider reducing parking
  314  requirements for a proposed development authorized under this
  315  subsection if the development is located within one-quarter one
  316  half mile of a major transit stop, as defined in the
  317  municipality’s land development code, and the major transit stop
  318  is accessible from the development.
  319         2.A municipality must reduce parking requirements by 20
  320  percent for a proposed development authorized under this
  321  subsection if the development:
  322         a. Is located within one-half mile of a major
  323  transportation hub that is accessible from the proposed
  324  development by safe, pedestrian-friendly means, such as
  325  sidewalks, crosswalks, elevated pedestrian or bike paths, or
  326  other multimodal design features.
  327         b. Has available parking within 600 feet of the proposed
  328  development which may consist of options such as on-street
  329  parking, parking lots, or parking garages available for use by
  330  residents of the proposed development.
  331         3.A municipality must eliminate parking requirements for a
  332  proposed mixed-use residential development authorized under this
  333  subsection within an area recognized by the municipality as a
  334  transit-oriented development or area, as provided in paragraph
  335  (h).
  336         4.For purposes of this paragraph, the term “major
  337  transportation hub” means any transit station, whether bus,
  338  train, or light rail, which is served by public transit with a
  339  mix of other transportation options.
  340         (g)(f) A municipality that designates less than 20 percent
  341  of the land area within its jurisdiction for commercial or
  342  industrial use must authorize a proposed multifamily development
  343  as provided in this subsection in areas zoned for commercial or
  344  industrial use only if the proposed multifamily development is
  345  mixed-use residential.
  346         (h)A proposed development authorized under this subsection
  347  which is located within a transit-oriented development or area,
  348  as recognized by the municipality, must be mixed-use residential
  349  and otherwise comply with requirements of the municipality’s
  350  regulations applicable to the transit-oriented development or
  351  area except for use, height, density, and floor area ratio as
  352  provided in this subsection or as otherwise agreed to by the
  353  municipality and the applicant for the development.
  354         (i)(g) Except as otherwise provided in this subsection, a
  355  development authorized under this subsection must comply with
  356  all applicable state and local laws and regulations.
  357         (j)1.Nothing in this subsection precludes a municipality
  358  from granting a bonus, variance, conditional use, or other
  359  special exception to height, density, or floor area ratio in
  360  addition to the height, density, and floor area ratio
  361  requirements in this subsection.
  362         2. Nothing in this subsection precludes a proposed
  363  development authorized under this subsection from receiving a
  364  bonus for density, height, or floor area ratio pursuant to an
  365  ordinance or regulation of the jurisdiction where the proposed
  366  development is located if the proposed development satisfies the
  367  conditions to receive the bonus except for any condition which
  368  conflicts with this subsection.
  369         (k)(h) This subsection does not apply to:
  370         1. Airport-impacted areas as provided in s. 333.03.
  371         2. Property defined as recreational and commercial working
  372  waterfront in s. 342.201(2)(b) in any area zoned as industrial.
  373         (l)(i) This subsection expires October 1, 2033.
  374         (8)Any development authorized under paragraph (7)(a) must
  375  be treated as a conforming use even after the expiration of
  376  subsection (7) and the development’s affordability period as
  377  provided in paragraph (7)(a), notwithstanding the municipality’s
  378  comprehensive plan, future land use designation, or zoning. If
  379  at any point during the development’s affordability period the
  380  development violates the affordability period requirement
  381  provided in paragraph (7)(a), the development must be allowed a
  382  reasonable time to cure such violation. If the violation is not
  383  cured within a reasonable time, the development must be treated
  384  as a nonconforming use.
  385         Section 3. Subsection (3) of section 196.1978, Florida
  386  Statutes, is amended to read:
  387         196.1978 Affordable housing property exemption.—
  388         (3)(a) As used in this subsection, the term:
  389         1. “Corporation” means the Florida Housing Finance
  390  Corporation.
  391         2. “Newly constructed” means an improvement to real
  392  property which was substantially completed within 5 years before
  393  the date of an applicant’s first submission of a request for a
  394  certification notice or an application for an exemption pursuant
  395  to this subsection section, whichever is earlier.
  396         3. “Substantially completed” has the same meaning as in s.
  397  192.042(1).
  398         (b) Notwithstanding ss. 196.195 and 196.196, portions of
  399  property in a multifamily project are considered property used
  400  for a charitable purpose and are eligible to receive an ad
  401  valorem property tax exemption if such portions meet all of the
  402  following conditions:
  403         1. Provide affordable housing to natural persons or
  404  families meeting the income limitations provided in paragraph
  405  (d).;
  406         2.a. Are within a newly constructed multifamily project
  407  that contains more than 70 units dedicated to housing natural
  408  persons or families meeting the income limitations provided in
  409  paragraph (d); or
  410         b.Are within a newly constructed multifamily project in an
  411  area of critical state concern, as designated by s. 380.0552 or
  412  chapter 28-36, Florida Administrative Code, which contains more
  413  than 10 units dedicated to housing natural persons or families
  414  meeting the income limitations provided in paragraph (d). and
  415         3. Are rented for an amount that does not exceed the amount
  416  as specified by the most recent multifamily rental programs
  417  income and rent limit chart posted by the corporation and
  418  derived from the Multifamily Tax Subsidy Projects Income Limits
  419  published by the United States Department of Housing and Urban
  420  Development or 90 percent of the fair market value rent as
  421  determined by a rental market study meeting the requirements of
  422  paragraph (l) (m), whichever is less.
  423         (c) If a unit that in the previous year received qualified
  424  for the exemption under this subsection and was occupied by a
  425  tenant is vacant on January 1, the vacant unit is eligible for
  426  the exemption if the use of the unit is restricted to providing
  427  affordable housing that would otherwise meet the requirements of
  428  this subsection and a reasonable effort is made to lease the
  429  unit to eligible persons or families.
  430         (d)1. The property appraiser shall exempt:
  431         a.Seventy-five percent of the assessed value of the units
  432  in multifamily projects that meet the requirements of this
  433  subsection and are Qualified property used to house natural
  434  persons or families whose annual household income is greater
  435  than 80 percent but not more than 120 percent of the median
  436  annual adjusted gross income for households within the
  437  metropolitan statistical area or, if not within a metropolitan
  438  statistical area, within the county in which the person or
  439  family resides; and, must receive an ad valorem property tax
  440  exemption of 75 percent of the assessed value.
  441         b.2.From ad valorem property taxes the units in
  442  multifamily projects that meet the requirements of this
  443  subsection and are Qualified property used to house natural
  444  persons or families whose annual household income does not
  445  exceed 80 percent of the median annual adjusted gross income for
  446  households within the metropolitan statistical area or, if not
  447  within a metropolitan statistical area, within the county in
  448  which the person or family resides, is exempt from ad valorem
  449  property taxes.
  450         2.When determining the value of a unit for purposes of
  451  applying an exemption pursuant to this paragraph, the property
  452  appraiser must include in such valuation the proportionate share
  453  of the residential common areas, including the land, fairly
  454  attributable to such unit.
  455         (e) To be eligible to receive an exemption under this
  456  subsection, a property owner must submit an application on a
  457  form prescribed by the department by March 1 for the exemption,
  458  accompanied by a certification notice from the corporation to
  459  the property appraiser. The property appraiser shall review the
  460  application and determine whether the applicant meets all of the
  461  requirements of this subsection and is entitled to an exemption.
  462  A property appraiser may request and review additional
  463  information necessary to make such determination. A property
  464  appraiser may grant an exemption only for a property for which
  465  the corporation has issued a certification notice and which the
  466  property appraiser determines is entitled to an exemption.
  467         (f) To receive a certification notice, a property owner
  468  must submit a request to the corporation for certification on a
  469  form provided by the corporation which includes all of the
  470  following:
  471         1. The most recently completed rental market study meeting
  472  the requirements of paragraph (l) (m).
  473         2. A list of the units for which the property owner seeks
  474  an exemption.
  475         3. The rent amount received by the property owner for each
  476  unit for which the property owner seeks an exemption. If a unit
  477  is vacant and qualifies for an exemption under paragraph (c),
  478  the property owner must provide evidence of the published rent
  479  amount for each vacant unit.
  480         4. A sworn statement, under penalty of perjury, from the
  481  applicant restricting the property for a period of not less than
  482  3 years to housing persons or families who meet the income
  483  limitations under this subsection.
  484         (g) The corporation shall review the request for a
  485  certification notice and certify whether a property that meets
  486  the eligibility criteria of paragraphs (b) and (c) this
  487  subsection. A determination by the corporation regarding a
  488  request for a certification notice does not constitute a grant
  489  of an exemption pursuant to this subsection or final agency
  490  action pursuant to chapter 120.
  491         1. If the corporation determines that the property meets
  492  the eligibility criteria for an exemption under this subsection,
  493  the corporation must send a certification notice to the property
  494  owner and the property appraiser.
  495         2. If the corporation determines that the property does not
  496  meet the eligibility criteria, the corporation must notify the
  497  property owner and include the reasons for such determination.
  498         (h) The corporation shall post on its website the deadline
  499  to submit a request for a certification notice. The deadline
  500  must allow adequate time for a property owner to submit a timely
  501  application for exemption to the property appraiser.
  502         (i) The property appraiser shall review the application and
  503  determine if the applicant is entitled to an exemption. A
  504  property appraiser may grant an exemption only for a property
  505  for which the corporation has issued a certification notice.
  506         (j) If the property appraiser determines that for any year
  507  during the immediately previous 10 years a person who was not
  508  entitled to an exemption under this subsection was granted such
  509  an exemption, the property appraiser must serve upon the owner a
  510  notice of intent to record in the public records of the county a
  511  notice of tax lien against any property owned by that person in
  512  the county, and that property must be identified in the notice
  513  of tax lien. Any property owned by the taxpayer and situated in
  514  this state is subject to the taxes exempted by the improper
  515  exemption, plus a penalty of 50 percent of the unpaid taxes for
  516  each year and interest at a rate of 15 percent per annum. If an
  517  exemption is improperly granted as a result of a clerical
  518  mistake or an omission by the property appraiser, the property
  519  owner improperly receiving the exemption may not be assessed a
  520  penalty or interest.
  521         (j)(k) Units subject to an agreement with the corporation
  522  pursuant to chapter 420 recorded in the official records of the
  523  county in which the property is located to provide housing to
  524  natural persons or families meeting the extremely-low-income,
  525  very-low-income, or low-income limits specified in s. 420.0004
  526  are not eligible for this exemption.
  527         (k)(l) Property receiving an exemption pursuant to s.
  528  196.1979 is not eligible for this exemption.
  529         (l)(m) A rental market study submitted as required by
  530  subparagraph (f)1. paragraph (f) must identify the fair market
  531  value rent of each unit for which a property owner seeks an
  532  exemption. Only a certified general appraiser as defined in s.
  533  475.611 may issue a rental market study. The certified general
  534  appraiser must be independent of the property owner who requests
  535  the rental market study. In preparing the rental market study, a
  536  certified general appraiser shall comply with the standards of
  537  professional practice pursuant to part II of chapter 475 and use
  538  comparable property within the same geographic area and of the
  539  same type as the property for which the exemption is sought. A
  540  rental market study must have been completed within 3 years
  541  before submission of the application.
  542         (m)(n) The corporation may adopt rules to implement this
  543  section.
  544         (n)(o) This subsection first applies to the 2024 tax roll
  545  and is repealed December 31, 2059.
  546         Section 4. Present subsections (6) and (7) of section
  547  196.1979, Florida Statutes, are redesignated as subsections (8)
  548  and (9), respectively, new subsections (6) and (7) are added to
  549  that section, and paragraph (b) of subsection (1), subsection
  550  (2), paragraphs (d), (f), and (l) of subsection (3), and
  551  subsection (5) of that section are amended, to read:
  552         196.1979 County and municipal affordable housing property
  553  exemption.—
  554         (1)
  555         (b) Qualified property may receive an ad valorem property
  556  tax exemption of:
  557         1. Up to 75 percent of the assessed value of each
  558  residential unit used to provide affordable housing if fewer
  559  than 100 percent of the multifamily project’s residential units
  560  are used to provide affordable housing meeting the requirements
  561  of this section.
  562         2. Up to 100 percent of the assessed value of each
  563  residential unit used to provide affordable housing if 100
  564  percent of the multifamily project’s residential units are used
  565  to provide affordable housing meeting the requirements of this
  566  section.
  567         (2) If a residential unit that in the previous year
  568  received qualified for the exemption under this section and was
  569  occupied by a tenant is vacant on January 1, the vacant unit may
  570  qualify for the exemption under this section if the use of the
  571  unit is restricted to providing affordable housing that would
  572  otherwise meet the requirements of this section and a reasonable
  573  effort is made to lease the unit to eligible persons or
  574  families.
  575         (3) An ordinance granting the exemption authorized by this
  576  section must:
  577         (d) Require the local entity to verify and certify property
  578  that meets the requirements of the ordinance as qualified
  579  property and forward the certification to the property owner and
  580  the property appraiser. If the local entity denies the
  581  application for certification exemption, it must notify the
  582  applicant and include reasons for the denial.
  583         (f) Require the property owner to submit an application for
  584  exemption, on a form prescribed by the department, accompanied
  585  by the certification of qualified property, to the property
  586  appraiser no later than the deadline specified in s. 196.011
  587  March 1.
  588         (l) Require the county or municipality to post on its
  589  website a list of certified properties receiving the exemption
  590  for the purpose of facilitating access to affordable housing.
  591         (5) An ordinance adopted under this section must expire
  592  before the fourth January 1 after adoption; however, the board
  593  of county commissioners or the governing body of the
  594  municipality may adopt a new ordinance to renew the exemption.
  595  The board of county commissioners or the governing body of the
  596  municipality shall deliver a copy of an ordinance adopted under
  597  this section to the department and the property appraiser within
  598  10 days after its adoption, but no later than January 1 of the
  599  year such exemption will take effect. If the ordinance expires
  600  or is repealed, the board of county commissioners or the
  601  governing body of the municipality must notify the department
  602  and the property appraiser within 10 days after its expiration
  603  or repeal, but no later than January 1 of the year the repeal or
  604  expiration of such exemption will take effect.
  605         (6) The property appraiser shall review each application
  606  for exemption and determine whether the applicant meets all of
  607  the requirements of this section and is entitled to an
  608  exemption. A property appraiser may request and review
  609  additional information necessary to make such determination. A
  610  property appraiser may grant an exemption only for a property
  611  for which the local entity has certified as qualified property
  612  and which the property appraiser determines is entitled to an
  613  exemption.
  614         (7) When determining the value of a unit for purposes of
  615  applying an exemption pursuant to this section, the property
  616  appraiser must include in such valuation the proportionate share
  617  of the residential common areas, including the land, fairly
  618  attributable to such unit.
  619         Section 5. The amendments made by this act to ss. 196.1978
  620  and 196.1979, Florida Statutes, are intended to be remedial and
  621  clarifying in nature and apply retroactively to January 1, 2024.
  622         Section 6. Present subsection (5) of section 333.03,
  623  Florida Statutes, is redesignated as subsection (6), and a new
  624  subsection (5) is added to that section, to read:
  625         333.03 Requirement to adopt airport zoning regulations.—
  626         (5) Sections 125.01055(7) and 166.04151(7) do not apply to
  627  any of the following:
  628         (a)A proposed development near a runway within one-quarter
  629  of a mile laterally from the runway edge and within an area that
  630  is the width of one-quarter of a mile extending at right angles
  631  from the end of the runway for a distance of 10,000 feet of any
  632  existing airport runway or planned airport runway identified in
  633  the local government’s airport master plan.
  634         (b)A proposed development within any airport noise zone
  635  identified in the federal land use compatibility table or in a
  636  land-use zoning or airport noise regulation adopted by the local
  637  government.
  638         (c)A proposed development that exceeds maximum height
  639  restrictions identified in the political subdivision’s airport
  640  zoning regulation adopted pursuant to this section.
  641         Section 7. Subsection (35) of section 420.507, Florida
  642  Statutes, is amended to read:
  643         420.507 Powers of the corporation.—The corporation shall
  644  have all the powers necessary or convenient to carry out and
  645  effectuate the purposes and provisions of this part, including
  646  the following powers which are in addition to all other powers
  647  granted by other provisions of this part:
  648         (35) To preclude any applicant, sponsor, or affiliate of an
  649  applicant or sponsor from further participation in any of the
  650  corporation’s programs as provided in s. 420.518, any applicant
  651  or affiliate of an applicant which has made a material
  652  misrepresentation or engaged in fraudulent actions in connection
  653  with any application for a corporation program.
  654         Section 8. Subsection (3) of section 420.5096, Florida
  655  Statutes, is amended to read:
  656         420.5096 Florida Hometown Hero Program.—
  657         (3) For loans made available pursuant to s.
  658  420.507(23)(a)1. or 2., the corporation may underwrite and make
  659  those mortgage loans through the program to persons or families
  660  who have household incomes that do not exceed 150 percent of the
  661  state median income or local median income, whichever is
  662  greater. A borrower must be seeking to purchase a home as a
  663  primary residence; must be a first-time homebuyer and a Florida
  664  resident; and must be employed full-time by a Florida-based
  665  employer. The borrower must provide documentation of full-time
  666  employment, or full-time status for self-employed individuals,
  667  of 35 hours or more per week. The requirement to be a first-time
  668  homebuyer does not apply to a borrower who is an active duty
  669  servicemember of a branch of the armed forces or the Florida
  670  National Guard, as defined in s. 250.01, or a veteran.
  671         Section 9. Section 420.518, Florida Statutes, is amended to
  672  read:
  673         420.518 Preclusion from participation in corporation
  674  programs Fraudulent or material misrepresentation.—
  675         (1) An applicant, a sponsor, or an affiliate of an
  676  applicant or a sponsor may be precluded from participation in
  677  any corporation program if the applicant or affiliate of the
  678  applicant has:
  679         (a) Made a material misrepresentation or engaged in
  680  fraudulent actions in connection with any corporation program.
  681         (b) Been convicted or found guilty of, or entered a plea of
  682  guilty or nolo contendere to, regardless of adjudication, a
  683  crime in any jurisdiction which directly relates to the
  684  financing, construction, or management of affordable housing or
  685  the fraudulent procurement of state or federal funds. The record
  686  of a conviction certified or authenticated in such form as to be
  687  admissible in evidence under the laws of the state shall be
  688  admissible as prima facie evidence of such guilt.
  689         (c) Been excluded from any federal funding program related
  690  to the provision of housing, including debarment from
  691  participation in federal housing programs by the United States
  692  Department of Housing and Urban Development.
  693         (d) Been excluded from any federal or Florida procurement
  694  programs.
  695         (e) Offered or given consideration, other than the
  696  consideration to provide affordable housing, with respect to a
  697  local contribution.
  698         (f) Demonstrated a pattern of noncompliance and a failure
  699  to correct any such noncompliance after notice from the
  700  corporation in the construction, operation, or management of one
  701  or more developments funded through a corporation program.
  702         (g) Materially or repeatedly violated any condition imposed
  703  by the corporation in connection with the administration of a
  704  corporation program, including a land use restriction agreement,
  705  an extended use agreement, or any other financing or regulatory
  706  agreement with the corporation.
  707         (2) Upon a determination by the board of directors of the
  708  corporation that an applicant or affiliate of the applicant be
  709  precluded from participation in any corporation program, the
  710  board may issue an order taking any or all of the following
  711  actions:
  712         (a) Preclude such applicant or affiliate from applying for
  713  funding from any corporation program for a specified period. The
  714  period may be a specified period of time or permanent in nature.
  715  With regard to establishing the duration, the board shall
  716  consider the facts and circumstances, inclusive of the
  717  compliance history of the applicant or affiliate of the
  718  applicant, the type of action under subsection (1), and the
  719  degree of harm to the corporation’s programs that has been or
  720  may be done.
  721         (b) Revoke any funding previously awarded by the
  722  corporation for any development for which construction or
  723  rehabilitation has not commenced.
  724         (3) Before any order issued under this section can be
  725  final, an administrative complaint must be served on the
  726  applicant, affiliate of the applicant, or its registered agent
  727  that provides notification of findings of the board, the
  728  intended action, and the opportunity to request a proceeding
  729  pursuant to ss. 120.569 and 120.57.
  730         (4) Any funding, allocation of federal housing credits,
  731  credit underwriting procedures, or application review for any
  732  development for which construction or rehabilitation has not
  733  commenced may be suspended by the corporation upon the service
  734  of an administrative complaint on the applicant, affiliate of
  735  the applicant, or its registered agent. The suspension shall be
  736  effective from the date the administrative complaint is served
  737  until an order issued by the corporation in regard to that
  738  complaint becomes final.
  739         Section 10. For the 2024-2025 fiscal year, from the funds
  740  received and deposited into the General Revenue Fund from the
  741  state’s allocation from the federal Coronavirus State Fiscal
  742  Recovery Fund created under the American Rescue Plan Act of
  743  2021, Pub. L. No. 117-2, the sum of $100 million in nonrecurring
  744  funds is appropriated to the State Housing Trust Fund for use by
  745  the Florida Housing Finance Corporation to implement the Florida
  746  Hometown Hero Program established in s. 420.5096, Florida
  747  Statutes.
  748         Section 11. This act shall take effect upon becoming a law.