ENROLLED
       2024 Legislature             CS for CS for SB 328, 1st Engrossed
       
       
       
       
       
       
                                                              2024328er
    1  
    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; requiring that
   37         such bonuses be administratively approved by counties
   38         and municipalities, respectively; revising
   39         applicability; authorizing that specified developments
   40         be treated as a conforming use under certain
   41         circumstances; authorizing that specified developments
   42         be treated as a nonconforming use under certain
   43         circumstances; authorizing applicants for certain
   44         proposed developments to notify a county or
   45         municipality, as applicable, of their intent to
   46         proceed under certain provisions; requiring counties
   47         and municipalities to allow certain applicants to
   48         submit a revised application, written request, or
   49         notice of intent; amending s. 196.1978, F.S.; revising
   50         the definition of the term “newly constructed”;
   51         revising conditions for when multifamily projects are
   52         considered property used for a charitable purpose and
   53         are eligible to receive an ad valorem property tax
   54         exemption; making technical changes; requiring
   55         property appraisers to make certain exemptions from ad
   56         valorem property taxes; providing the method for
   57         determining the value of a unit for certain purposes;
   58         requiring property appraisers to review certain
   59         applications and make certain determinations;
   60         authorizing property appraisers to request and review
   61         additional information; authorizing property
   62         appraisers to grant exemptions only under certain
   63         conditions; revising requirements for property owners
   64         seeking a certification notice from the Florida
   65         Housing Finance Corporation; providing that a certain
   66         determination by the corporation does not constitute
   67         an exemption; revising eligibility; conforming
   68         provisions to changes made by the act; amending s.
   69         196.1979, F.S.; revising the value to which a certain
   70         ad valorem property tax exemption applies; revising a
   71         condition of eligibility for vacant residential units
   72         to qualify for a certain ad valorem property tax
   73         exemption; making technical changes; revising the
   74         deadline for an application for exemption; revising
   75         deadlines by which boards and governing bodies must
   76         deliver to or notify the Department of Revenue of the
   77         adoption, repeal, or expiration of certain ordinances;
   78         requiring property appraisers to review certain
   79         applications and make certain determinations;
   80         authorizing property appraisers to request and review
   81         additional information; authorizing property
   82         appraisers to grant exemptions only under certain
   83         conditions; providing the method for determining the
   84         value of a unit for certain purposes; providing for
   85         retroactive application; amending s. 333.03, F.S.;
   86         excluding certain proposed developments from specified
   87         airport zoning provisions; amending s. 420.507, F.S.;
   88         revising the enumerated powers of the corporation;
   89         amending s. 420.5096, F.S.; making technical changes;
   90         amending s. 420.518, F.S.; specifying conditions under
   91         which the corporation may preclude applicants from
   92         corporation programs; providing an appropriation;
   93         providing an effective date.
   94          
   95  Be It Enacted by the Legislature of the State of Florida:
   96  
   97         Section 1. Subsection (7) of section 125.01055, Florida
   98  Statutes, is amended, and subsection (8) is added to that
   99  section, to read:
  100         125.01055 Affordable housing.—
  101         (7)(a) A county must authorize multifamily and mixed-use
  102  residential as allowable uses in any area zoned for commercial,
  103  industrial, or mixed use if at least 40 percent of the
  104  residential units in a proposed multifamily rental development
  105  are rental units that, for a period of at least 30 years, are
  106  affordable as defined in s. 420.0004. Notwithstanding any other
  107  law, local ordinance, or regulation to the contrary, a county
  108  may not require a proposed multifamily development to obtain a
  109  zoning or land use change, special exception, conditional use
  110  approval, variance, or comprehensive plan amendment for the
  111  building height, zoning, and densities authorized under this
  112  subsection. For mixed-use residential projects, at least 65
  113  percent of the total square footage must be used for residential
  114  purposes.
  115         (b) A county may not restrict the density of a proposed
  116  development authorized under this subsection below the highest
  117  currently allowed density on any unincorporated land in the
  118  county where residential development is allowed under the
  119  county’s land development regulations. For purposes of this
  120  paragraph, the term “highest currently allowed density does not
  121  include the density of any building that met the requirements of
  122  this subsection or the density of any building that has received
  123  any bonus, variance, or other special exception for density
  124  provided in the county’s land development regulations as an
  125  incentive for development.
  126         (c) A county may not restrict the floor area ratio of a
  127  proposed development authorized under this subsection below 150
  128  percent of the highest currently allowed floor area ratio on any
  129  unincorporated land in the county where development is allowed
  130  under the county’s land development regulations. For purposes of
  131  this paragraph, the term “highest currently allowed floor area
  132  ratio” does not include the floor area ratio of any building
  133  that met the requirements of this subsection or the floor area
  134  ratio of any building that has received any bonus, variance, or
  135  other special exception for floor area ratio provided in the
  136  county’s land development regulations as an incentive for
  137  development. For purposes of this subsection, the term floor
  138  area ratio includes floor lot ratio.
  139         (d)1.(c) A county may not restrict the height of a proposed
  140  development authorized under this subsection below the highest
  141  currently allowed height for a commercial or residential
  142  building development located in its jurisdiction within 1 mile
  143  of the proposed development or 3 stories, whichever is higher.
  144  For purposes of this paragraph, the term “highest currently
  145  allowed height” does not include the height of any building that
  146  met the requirements of this subsection or the height of any
  147  building that has received any bonus, variance, or other special
  148  exception for height provided in the county’s land development
  149  regulations as an incentive for development.
  150         2. If the proposed development is adjacent to, on two or
  151  more sides, a parcel zoned for single-family residential use
  152  which is within a single-family residential development with at
  153  least 25 contiguous single-family homes, the county may restrict
  154  the height of the proposed development to 150 percent of the
  155  tallest building on any property adjacent to the proposed
  156  development, the highest currently allowed height for the
  157  property provided in the county’s land development regulations,
  158  or 3 stories, whichever is higher. For the purposes of this
  159  paragraph, the term “adjacent to” means those properties sharing
  160  more than one point of a property line, but does not include
  161  properties separated by a public road.
  162         (e)(d) A proposed development authorized under this
  163  subsection must be administratively approved and no further
  164  action by the board of county commissioners is required if the
  165  development satisfies the county’s land development regulations
  166  for multifamily developments in areas zoned for such use and is
  167  otherwise consistent with the comprehensive plan, with the
  168  exception of provisions establishing allowable densities, floor
  169  area ratios, height, and land use. Such land development
  170  regulations include, but are not limited to, regulations
  171  relating to setbacks and parking requirements. A proposed
  172  development located within one-quarter mile of a military
  173  installation identified in s. 163.3175(2) may not be
  174  administratively approved. Each county shall maintain on its
  175  website a policy containing procedures and expectations for
  176  administrative approval pursuant to this subsection.
  177         (f)1.(e) A county must consider reducing parking
  178  requirements for a proposed development authorized under this
  179  subsection if the development is located within one-quarter one
  180  half mile of a major transit stop, as defined in the county’s
  181  land development code, and the major transit stop is accessible
  182  from the development.
  183         2. A county must reduce parking requirements by at least 20
  184  percent for a proposed development authorized under this
  185  subsection if the development:
  186         a. Is located within one-half mile of a major
  187  transportation hub that is accessible from the proposed
  188  development by safe, pedestrian-friendly means, such as
  189  sidewalks, crosswalks, elevated pedestrian or bike paths, or
  190  other multimodal design features; and
  191         b. Has available parking within 600 feet of the proposed
  192  development which may consist of options such as on-street
  193  parking, parking lots, or parking garages available for use by
  194  residents of the proposed development. However, a county may not
  195  require that the available parking compensate for the reduction
  196  in parking requirements.
  197         3. A county must eliminate parking requirements for a
  198  proposed mixed-use residential development authorized under this
  199  subsection within an area recognized by the county as a transit
  200  oriented development or area, as provided in paragraph (h).
  201         4. For purposes of this paragraph, the term “major
  202  transportation hub” means any transit station, whether bus,
  203  train, or light rail, which is served by public transit with a
  204  mix of other transportation options.
  205         (g)(f) For proposed multifamily developments in an
  206  unincorporated area zoned for commercial or industrial use which
  207  is within the boundaries of a multicounty independent special
  208  district that was created to provide municipal services and is
  209  not authorized to levy ad valorem taxes, and less than 20
  210  percent of the land area within such district is designated for
  211  commercial or industrial use, a county must authorize, as
  212  provided in this subsection, such development only if the
  213  development is mixed-use residential.
  214         (h) A proposed development authorized under this subsection
  215  which is located within a transit-oriented development or area,
  216  as recognized by the county, must be mixed-use residential and
  217  otherwise comply with requirements of the county’s regulations
  218  applicable to the transit-oriented development or area except
  219  for use, height, density, floor area ratio, and parking as
  220  provided in this subsection or as otherwise agreed to by the
  221  county and the applicant for the development.
  222         (i)(g) Except as otherwise provided in this subsection, a
  223  development authorized under this subsection must comply with
  224  all applicable state and local laws and regulations.
  225         (j)1. Nothing in this subsection precludes a county from
  226  granting a bonus, variance, conditional use, or other special
  227  exception for height, density, or floor area ratio in addition
  228  to the height, density, and floor area ratio requirements in
  229  this subsection.
  230         2. Nothing in this subsection precludes a proposed
  231  development authorized under this subsection from receiving a
  232  bonus for density, height, or floor area ratio pursuant to an
  233  ordinance or regulation of the jurisdiction where the proposed
  234  development is located if the proposed development satisfies the
  235  conditions to receive the bonus except for any condition which
  236  conflicts with this subsection. If a proposed development
  237  qualifies for such bonus, the bonus must be administratively
  238  approved by the county and no further action by the board of
  239  county commissioners is required.
  240         (k)(h) This subsection does not apply to:
  241         1. Airport-impacted areas as provided in s. 333.03.
  242         2. Property defined as recreational and commercial working
  243  waterfront in s. 342.201(2)(b) in any area zoned as industrial.
  244         (l)(i) This subsection expires October 1, 2033.
  245         (8) Any development authorized under paragraph (7)(a) must
  246  be treated as a conforming use even after the expiration of
  247  subsection (7) and the development’s affordability period as
  248  provided in paragraph (7)(a), notwithstanding the county’s
  249  comprehensive plan, future land use designation, or zoning. If
  250  at any point during the development’s affordability period the
  251  development violates the affordability period requirement
  252  provided in paragraph (7)(a), the development must be allowed a
  253  reasonable time to cure such violation. If the violation is not
  254  cured within a reasonable time, the development must be treated
  255  as a nonconforming use.
  256         Section 2. Subsection (7) of section 166.04151, Florida
  257  Statutes, is amended, and subsection (8) is added to that
  258  section, to read:
  259         166.04151 Affordable housing.—
  260         (7)(a) A municipality must authorize multifamily and mixed
  261  use residential as allowable uses in any area zoned for
  262  commercial, industrial, or mixed use if at least 40 percent of
  263  the residential units in a proposed multifamily rental
  264  development are rental units that, for a period of at least 30
  265  years, are affordable as defined in s. 420.0004. Notwithstanding
  266  any other law, local ordinance, or regulation to the contrary, a
  267  municipality may not require a proposed multifamily development
  268  to obtain a zoning or land use change, special exception,
  269  conditional use approval, variance, or comprehensive plan
  270  amendment for the building height, zoning, and densities
  271  authorized under this subsection. For mixed-use residential
  272  projects, at least 65 percent of the total square footage must
  273  be used for residential purposes.
  274         (b) A municipality may not restrict the density of a
  275  proposed development authorized under this subsection below the
  276  highest currently allowed density on any land in the
  277  municipality where residential development is allowed under the
  278  municipality’s land development regulations. For purposes of
  279  this paragraph, the term “highest currently allowed density”
  280  does not include the density of any building that met the
  281  requirements of this subsection or the density of any building
  282  that has received any bonus, variance, or other special
  283  exception for density provided in the municipality’s land
  284  development regulations as an incentive for development.
  285         (c) A municipality may not restrict the floor area ratio of
  286  a proposed development authorized under this subsection below
  287  150 percent of the highest currently allowed floor area ratio on
  288  any land in the municipality where development is allowed under
  289  the municipality’s land development regulations. For purposes of
  290  this paragraph, the term “highest currently allowed floor area
  291  ratio” does not include the floor area ratio of any building
  292  that met the requirements of this subsection or the floor area
  293  ratio of any building that has received any bonus, variance, or
  294  other special exception for floor area ratio provided in the
  295  municipality’s land development regulations as an incentive for
  296  development. For purposes of this subsection, the term “floor
  297  area ratio” includes floor lot ratio.
  298         (d)1.(c) A municipality may not restrict the height of a
  299  proposed development authorized under this subsection below the
  300  highest currently allowed height for a commercial or residential
  301  building development located in its jurisdiction within 1 mile
  302  of the proposed development or 3 stories, whichever is higher.
  303  For purposes of this paragraph, the term “highest currently
  304  allowed height” does not include the height of any building that
  305  met the requirements of this subsection or the height of any
  306  building that has received any bonus, variance, or other special
  307  exception for height provided in the municipality’s land
  308  development regulations as an incentive for development.
  309         2. If the proposed development is adjacent to, on two or
  310  more sides, a parcel zoned for single-family residential use
  311  that is within a single-family residential development with at
  312  least 25 contiguous single-family homes, the municipality may
  313  restrict the height of the proposed development to 150 percent
  314  of the tallest building on any property adjacent to the proposed
  315  development, the highest currently allowed height for the
  316  property provided in the municipality’s land development
  317  regulations, or 3 stories, whichever is higher. For the purposes
  318  of this paragraph, the term “adjacent to” means those properties
  319  sharing more than one point of a property line, but does not
  320  include properties separated by a public road.
  321         (e)(d) A proposed development authorized under this
  322  subsection must be administratively approved and no further
  323  action by the governing body of the municipality is required if
  324  the development satisfies the municipality’s land development
  325  regulations for multifamily developments in areas zoned for such
  326  use and is otherwise consistent with the comprehensive plan,
  327  with the exception of provisions establishing allowable
  328  densities, floor area ratios, height, and land use. Such land
  329  development regulations include, but are not limited to,
  330  regulations relating to setbacks and parking requirements. A
  331  proposed development located within one-quarter mile of a
  332  military installation identified in s. 163.3175(2) may not be
  333  administratively approved. Each municipality shall maintain on
  334  its website a policy containing procedures and expectations for
  335  administrative approval pursuant to this subsection.
  336         (f)1.(e) A municipality must consider reducing parking
  337  requirements for a proposed development authorized under this
  338  subsection if the development is located within one-quarter one
  339  half mile of a major transit stop, as defined in the
  340  municipality’s land development code, and the major transit stop
  341  is accessible from the development.
  342         2. A municipality must reduce parking requirements by at
  343  least 20 percent for a proposed development authorized under
  344  this subsection if the development:
  345         a. Is located within one-half mile of a major
  346  transportation hub that is accessible from the proposed
  347  development by safe, pedestrian-friendly means, such as
  348  sidewalks, crosswalks, elevated pedestrian or bike paths, or
  349  other multimodal design features.
  350         b. Has available parking within 600 feet of the proposed
  351  development which may consist of options such as on-street
  352  parking, parking lots, or parking garages available for use by
  353  residents of the proposed development. However, a municipality
  354  may not require that the available parking compensate for the
  355  reduction in parking requirements.
  356         3. A municipality must eliminate parking requirements for a
  357  proposed mixed-use residential development authorized under this
  358  subsection within an area recognized by the municipality as a
  359  transit-oriented development or area, as provided in paragraph
  360  (h).
  361         4. For purposes of this paragraph, the term “major
  362  transportation hub” means any transit station, whether bus,
  363  train, or light rail, which is served by public transit with a
  364  mix of other transportation options.
  365         (g)(f) A municipality that designates less than 20 percent
  366  of the land area within its jurisdiction for commercial or
  367  industrial use must authorize a proposed multifamily development
  368  as provided in this subsection in areas zoned for commercial or
  369  industrial use only if the proposed multifamily development is
  370  mixed-use residential.
  371         (h) A proposed development authorized under this subsection
  372  which is located within a transit-oriented development or area,
  373  as recognized by the municipality, must be mixed-use residential
  374  and otherwise comply with requirements of the municipality’s
  375  regulations applicable to the transit-oriented development or
  376  area except for use, height, density, floor area ratio, and
  377  parking as provided in this subsection or as otherwise agreed to
  378  by the municipality and the applicant for the development.
  379         (i)(g) Except as otherwise provided in this subsection, a
  380  development authorized under this subsection must comply with
  381  all applicable state and local laws and regulations.
  382         (j)1. Nothing in this subsection precludes a municipality
  383  from granting a bonus, variance, conditional use, or other
  384  special exception to height, density, or floor area ratio in
  385  addition to the height, density, and floor area ratio
  386  requirements in this subsection.
  387         2. Nothing in this subsection precludes a proposed
  388  development authorized under this subsection from receiving a
  389  bonus for density, height, or floor area ratio pursuant to an
  390  ordinance or regulation of the jurisdiction where the proposed
  391  development is located if the proposed development satisfies the
  392  conditions to receive the bonus except for any condition which
  393  conflicts with this subsection. If a proposed development
  394  qualifies for such bonus, the bonus must be administratively
  395  approved by the municipality and no further action by the
  396  governing body of the municipality is required.
  397         (k)(h) This subsection does not apply to:
  398         1. Airport-impacted areas as provided in s. 333.03.
  399         2. Property defined as recreational and commercial working
  400  waterfront in s. 342.201(2)(b) in any area zoned as industrial.
  401         (l)(i) This subsection expires October 1, 2033.
  402         (8) Any development authorized under paragraph (7)(a) must
  403  be treated as a conforming use even after the expiration of
  404  subsection (7) and the development’s affordability period as
  405  provided in paragraph (7)(a), notwithstanding the municipality’s
  406  comprehensive plan, future land use designation, or zoning. If
  407  at any point during the development’s affordability period the
  408  development violates the affordability period requirement
  409  provided in paragraph (7)(a), the development must be allowed a
  410  reasonable time to cure such violation. If the violation is not
  411  cured within a reasonable time, the development must be treated
  412  as a nonconforming use.
  413         Section 3. An applicant for a proposed development
  414  authorized under s. 125.01055(7) or s. 166.04151(7), Florida
  415  Statutes, who submitted an application, written request, or
  416  notice of intent to utilize such provisions to the county or
  417  municipality and which has been received by the county or
  418  municipality, as applicable, before the effective date of this
  419  act may notify the county or municipality by July 1, 2024, of
  420  its intent to proceed under the provisions of s. 125.01055(7) or
  421  s. 166.04151(7), Florida Statutes, as they existed at the time
  422  of submittal. A county or municipality shall allow an applicant
  423  who submitted such application, written request, or notice of
  424  intent before the effective date of this act the opportunity to
  425  submit a revised application, written request, or notice of
  426  intent to account for the changes made by this act.
  427         Section 4. Subsection (3) of section 196.1978, Florida
  428  Statutes, is amended to read:
  429         196.1978 Affordable housing property exemption.—
  430         (3)(a) As used in this subsection, the term:
  431         1. “Corporation” means the Florida Housing Finance
  432  Corporation.
  433         2. “Newly constructed” means an improvement to real
  434  property which was substantially completed within 5 years before
  435  the date of an applicant’s first submission of a request for a
  436  certification notice or an application for an exemption pursuant
  437  to this subsection section, whichever is earlier.
  438         3. “Substantially completed” has the same meaning as in s.
  439  192.042(1).
  440         (b) Notwithstanding ss. 196.195 and 196.196, portions of
  441  property in a multifamily project are considered property used
  442  for a charitable purpose and are eligible to receive an ad
  443  valorem property tax exemption if such portions meet all of the
  444  following conditions:
  445         1. Provide affordable housing to natural persons or
  446  families meeting the income limitations provided in paragraph
  447  (d).;
  448         2.a. Are within a newly constructed multifamily project
  449  that contains more than 70 units dedicated to housing natural
  450  persons or families meeting the income limitations provided in
  451  paragraph (d); or
  452         b.Are within a newly constructed multifamily project in an
  453  area of critical state concern, as designated by s. 380.0552 or
  454  chapter 28-36, Florida Administrative Code, which contains more
  455  than 10 units dedicated to housing natural persons or families
  456  meeting the income limitations provided in paragraph (d). and
  457         3. Are rented for an amount that does not exceed the amount
  458  as specified by the most recent multifamily rental programs
  459  income and rent limit chart posted by the corporation and
  460  derived from the Multifamily Tax Subsidy Projects Income Limits
  461  published by the United States Department of Housing and Urban
  462  Development or 90 percent of the fair market value rent as
  463  determined by a rental market study meeting the requirements of
  464  paragraph (l) (m), whichever is less.
  465         (c) If a unit that in the previous year received qualified
  466  for the exemption under this subsection and was occupied by a
  467  tenant is vacant on January 1, the vacant unit is eligible for
  468  the exemption if the use of the unit is restricted to providing
  469  affordable housing that would otherwise meet the requirements of
  470  this subsection and a reasonable effort is made to lease the
  471  unit to eligible persons or families.
  472         (d)1. The property appraiser shall exempt:
  473         a.Seventy-five percent of the assessed value of the units
  474  in multifamily projects that meet the requirements of this
  475  subsection and are Qualified property used to house natural
  476  persons or families whose annual household income is greater
  477  than 80 percent but not more than 120 percent of the median
  478  annual adjusted gross income for households within the
  479  metropolitan statistical area or, if not within a metropolitan
  480  statistical area, within the county in which the person or
  481  family resides; and, must receive an ad valorem property tax
  482  exemption of 75 percent of the assessed value.
  483         b.2.From ad valorem property taxes the units in
  484  multifamily projects that meet the requirements of this
  485  subsection and are Qualified property used to house natural
  486  persons or families whose annual household income does not
  487  exceed 80 percent of the median annual adjusted gross income for
  488  households within the metropolitan statistical area or, if not
  489  within a metropolitan statistical area, within the county in
  490  which the person or family resides, is exempt from ad valorem
  491  property taxes.
  492         2.When determining the value of a unit for purposes of
  493  applying an exemption pursuant to this paragraph, the property
  494  appraiser must include in such valuation the proportionate share
  495  of the residential common areas, including the land, fairly
  496  attributable to such unit.
  497         (e) To be eligible to receive an exemption under this
  498  subsection, a property owner must submit an application on a
  499  form prescribed by the department by March 1 for the exemption,
  500  accompanied by a certification notice from the corporation to
  501  the property appraiser. The property appraiser shall review the
  502  application and determine whether the applicant meets all of the
  503  requirements of this subsection and is entitled to an exemption.
  504  A property appraiser may request and review additional
  505  information necessary to make such determination. A property
  506  appraiser may grant an exemption only for a property for which
  507  the corporation has issued a certification notice and which the
  508  property appraiser determines is entitled to an exemption.
  509         (f) To receive a certification notice, a property owner
  510  must submit a request to the corporation for certification on a
  511  form provided by the corporation which includes all of the
  512  following:
  513         1. The most recently completed rental market study meeting
  514  the requirements of paragraph (l) (m).
  515         2. A list of the units for which the property owner seeks
  516  an exemption.
  517         3. The rent amount received by the property owner for each
  518  unit for which the property owner seeks an exemption. If a unit
  519  is vacant and qualifies for an exemption under paragraph (c),
  520  the property owner must provide evidence of the published rent
  521  amount for each vacant unit.
  522         4. A sworn statement, under penalty of perjury, from the
  523  applicant restricting the property for a period of not less than
  524  3 years to housing persons or families who meet the income
  525  limitations under this subsection.
  526         (g) The corporation shall review the request for a
  527  certification notice and certify whether a property that meets
  528  the eligibility criteria of paragraphs (b) and (c) this
  529  subsection. A determination by the corporation regarding a
  530  request for a certification notice does not constitute a grant
  531  of an exemption pursuant to this subsection or final agency
  532  action pursuant to chapter 120.
  533         1. If the corporation determines that the property meets
  534  the eligibility criteria for an exemption under this subsection,
  535  the corporation must send a certification notice to the property
  536  owner and the property appraiser.
  537         2. If the corporation determines that the property does not
  538  meet the eligibility criteria, the corporation must notify the
  539  property owner and include the reasons for such determination.
  540         (h) The corporation shall post on its website the deadline
  541  to submit a request for a certification notice. The deadline
  542  must allow adequate time for a property owner to submit a timely
  543  application for exemption to the property appraiser.
  544         (i) The property appraiser shall review the application and
  545  determine if the applicant is entitled to an exemption. A
  546  property appraiser may grant an exemption only for a property
  547  for which the corporation has issued a certification notice.
  548         (j) If the property appraiser determines that for any year
  549  during the immediately previous 10 years a person who was not
  550  entitled to an exemption under this subsection was granted such
  551  an exemption, the property appraiser must serve upon the owner a
  552  notice of intent to record in the public records of the county a
  553  notice of tax lien against any property owned by that person in
  554  the county, and that property must be identified in the notice
  555  of tax lien. Any property owned by the taxpayer and situated in
  556  this state is subject to the taxes exempted by the improper
  557  exemption, plus a penalty of 50 percent of the unpaid taxes for
  558  each year and interest at a rate of 15 percent per annum. If an
  559  exemption is improperly granted as a result of a clerical
  560  mistake or an omission by the property appraiser, the property
  561  owner improperly receiving the exemption may not be assessed a
  562  penalty or interest.
  563         (j)(k) Units subject to an agreement with the corporation
  564  pursuant to chapter 420 recorded in the official records of the
  565  county in which the property is located to provide housing to
  566  natural persons or families meeting the extremely-low-income,
  567  very-low-income, or low-income limits specified in s. 420.0004
  568  are not eligible for this exemption.
  569         (k)(l) Property receiving an exemption pursuant to s.
  570  196.1979 or units used as a transient public lodging
  571  establishment as defined in s. 509.013 are is not eligible for
  572  this exemption.
  573         (l)(m) A rental market study submitted as required by
  574  subparagraph (f)1. paragraph (f) must identify the fair market
  575  value rent of each unit for which a property owner seeks an
  576  exemption. Only a certified general appraiser as defined in s.
  577  475.611 may issue a rental market study. The certified general
  578  appraiser must be independent of the property owner who requests
  579  the rental market study. In preparing the rental market study, a
  580  certified general appraiser shall comply with the standards of
  581  professional practice pursuant to part II of chapter 475 and use
  582  comparable property within the same geographic area and of the
  583  same type as the property for which the exemption is sought. A
  584  rental market study must have been completed within 3 years
  585  before submission of the application.
  586         (m)(n) The corporation may adopt rules to implement this
  587  section.
  588         (n)(o) This subsection first applies to the 2024 tax roll
  589  and is repealed December 31, 2059.
  590         Section 5. Present subsections (6) and (7) of section
  591  196.1979, Florida Statutes, are redesignated as subsections (8)
  592  and (9), respectively, new subsections (6) and (7) are added to
  593  that section, and paragraph (b) of subsection (1), subsection
  594  (2), paragraphs (d), (f), and (l) of subsection (3), and
  595  subsection (5) of that section are amended, to read:
  596         196.1979 County and municipal affordable housing property
  597  exemption.—
  598         (1)
  599         (b) Qualified property may receive an ad valorem property
  600  tax exemption of:
  601         1. Up to 75 percent of the assessed value of each
  602  residential unit used to provide affordable housing if fewer
  603  than 100 percent of the multifamily project’s residential units
  604  are used to provide affordable housing meeting the requirements
  605  of this section.
  606         2. Up to 100 percent of the assessed value of each
  607  residential unit used to provide affordable housing if 100
  608  percent of the multifamily project’s residential units are used
  609  to provide affordable housing meeting the requirements of this
  610  section.
  611         (2) If a residential unit that in the previous year
  612  received qualified for the exemption under this section and was
  613  occupied by a tenant is vacant on January 1, the vacant unit may
  614  qualify for the exemption under this section if the use of the
  615  unit is restricted to providing affordable housing that would
  616  otherwise meet the requirements of this section and a reasonable
  617  effort is made to lease the unit to eligible persons or
  618  families.
  619         (3) An ordinance granting the exemption authorized by this
  620  section must:
  621         (d) Require the local entity to verify and certify property
  622  that meets the requirements of the ordinance as qualified
  623  property and forward the certification to the property owner and
  624  the property appraiser. If the local entity denies the
  625  application for certification exemption, it must notify the
  626  applicant and include reasons for the denial.
  627         (f) Require the property owner to submit an application for
  628  exemption, on a form prescribed by the department, accompanied
  629  by the certification of qualified property, to the property
  630  appraiser no later than the deadline specified in s. 196.011
  631  March 1.
  632         (l) Require the county or municipality to post on its
  633  website a list of certified properties receiving the exemption
  634  for the purpose of facilitating access to affordable housing.
  635         (5) An ordinance adopted under this section must expire
  636  before the fourth January 1 after adoption; however, the board
  637  of county commissioners or the governing body of the
  638  municipality may adopt a new ordinance to renew the exemption.
  639  The board of county commissioners or the governing body of the
  640  municipality shall deliver a copy of an ordinance adopted under
  641  this section to the department and the property appraiser within
  642  10 days after its adoption, but no later than January 1 of the
  643  year such exemption will take effect. If the ordinance expires
  644  or is repealed, the board of county commissioners or the
  645  governing body of the municipality must notify the department
  646  and the property appraiser within 10 days after its expiration
  647  or repeal, but no later than January 1 of the year the repeal or
  648  expiration of such exemption will take effect.
  649         (6) The property appraiser shall review each application
  650  for exemption and determine whether the applicant meets all of
  651  the requirements of this section and is entitled to an
  652  exemption. A property appraiser may request and review
  653  additional information necessary to make such determination. A
  654  property appraiser may grant an exemption only for a property
  655  for which the local entity has certified as qualified property
  656  and which the property appraiser determines is entitled to an
  657  exemption.
  658         (7) When determining the value of a unit for purposes of
  659  applying an exemption pursuant to this section, the property
  660  appraiser must include in such valuation the proportionate share
  661  of the residential common areas, including the land, fairly
  662  attributable to such unit.
  663         Section 6. The amendments made by this act to ss. 196.1978
  664  and 196.1979, Florida Statutes, are intended to be remedial and
  665  clarifying in nature and apply retroactively to January 1, 2024.
  666         Section 7. Present subsection (5) of section 333.03,
  667  Florida Statutes, is redesignated as subsection (6), and a new
  668  subsection (5) is added to that section, to read:
  669         333.03 Requirement to adopt airport zoning regulations.—
  670         (5) Sections 125.01055(7) and 166.04151(7) do not apply to
  671  any of the following:
  672         (a)A proposed development near a runway within one-quarter
  673  of a mile laterally from the runway edge and within an area that
  674  is the width of one-quarter of a mile extending at right angles
  675  from the end of the runway for a distance of 10,000 feet of any
  676  existing airport runway or planned airport runway identified in
  677  the local government’s airport master plan.
  678         (b)A proposed development within any airport noise zone
  679  identified in the federal land use compatibility table or in a
  680  land-use zoning or airport noise regulation adopted by the local
  681  government.
  682         (c)A proposed development that exceeds maximum height
  683  restrictions identified in the political subdivision’s airport
  684  zoning regulation adopted pursuant to this section.
  685         Section 8. Subsection (35) of section 420.507, Florida
  686  Statutes, is amended to read:
  687         420.507 Powers of the corporation.—The corporation shall
  688  have all the powers necessary or convenient to carry out and
  689  effectuate the purposes and provisions of this part, including
  690  the following powers which are in addition to all other powers
  691  granted by other provisions of this part:
  692         (35) To preclude any applicant, sponsor, or affiliate of an
  693  applicant or sponsor from further participation in any of the
  694  corporation’s programs as provided in s. 420.518, any applicant
  695  or affiliate of an applicant which has made a material
  696  misrepresentation or engaged in fraudulent actions in connection
  697  with any application for a corporation program.
  698         Section 9. Subsection (3) of section 420.5096, Florida
  699  Statutes, is amended to read:
  700         420.5096 Florida Hometown Hero Program.—
  701         (3) For loans made available pursuant to s.
  702  420.507(23)(a)1. or 2., the corporation may underwrite and make
  703  those mortgage loans through the program to persons or families
  704  who have household incomes that do not exceed 150 percent of the
  705  state median income or local median income, whichever is
  706  greater. A borrower must be seeking to purchase a home as a
  707  primary residence; must be a first-time homebuyer and a Florida
  708  resident; and must be employed full-time by a Florida-based
  709  employer. The borrower must provide documentation of full-time
  710  employment, or full-time status for self-employed individuals,
  711  of 35 hours or more per week. The requirement to be a first-time
  712  homebuyer does not apply to a borrower who is an active duty
  713  servicemember of a branch of the armed forces or the Florida
  714  National Guard, as defined in s. 250.01, or a veteran.
  715         Section 10. Section 420.518, Florida Statutes, is amended
  716  to read:
  717         420.518 Preclusion from participation in corporation
  718  programs Fraudulent or material misrepresentation.—
  719         (1) An applicant, a sponsor, or an affiliate of an
  720  applicant or a sponsor may be precluded from participation in
  721  any corporation program if the applicant or affiliate of the
  722  applicant has:
  723         (a) Made a material misrepresentation or engaged in
  724  fraudulent actions in connection with any corporation program.
  725         (b) Been convicted or found guilty of, or entered a plea of
  726  guilty or nolo contendere to, regardless of adjudication, a
  727  crime in any jurisdiction which directly relates to the
  728  financing, construction, or management of affordable housing or
  729  the fraudulent procurement of state or federal funds. The record
  730  of a conviction certified or authenticated in such form as to be
  731  admissible in evidence under the laws of the state shall be
  732  admissible as prima facie evidence of such guilt.
  733         (c) Been excluded from any federal funding program related
  734  to the provision of housing, including debarment from
  735  participation in federal housing programs by the United States
  736  Department of Housing and Urban Development.
  737         (d) Been excluded from any federal or Florida procurement
  738  programs.
  739         (e) Offered or given consideration, other than the
  740  consideration to provide affordable housing, with respect to a
  741  local contribution.
  742         (f) Demonstrated a pattern of noncompliance and a failure
  743  to correct any such noncompliance after notice from the
  744  corporation in the construction, operation, or management of one
  745  or more developments funded through a corporation program.
  746         (g) Materially or repeatedly violated any condition imposed
  747  by the corporation in connection with the administration of a
  748  corporation program, including a land use restriction agreement,
  749  an extended use agreement, or any other financing or regulatory
  750  agreement with the corporation.
  751         (2) Upon a determination by the board of directors of the
  752  corporation that an applicant or affiliate of the applicant be
  753  precluded from participation in any corporation program, the
  754  board may issue an order taking any or all of the following
  755  actions:
  756         (a) Preclude such applicant or affiliate from applying for
  757  funding from any corporation program for a specified period. The
  758  period may be a specified period of time or permanent in nature.
  759  With regard to establishing the duration, the board shall
  760  consider the facts and circumstances, inclusive of the
  761  compliance history of the applicant or affiliate of the
  762  applicant, the type of action under subsection (1), and the
  763  degree of harm to the corporation’s programs that has been or
  764  may be done.
  765         (b) Revoke any funding previously awarded by the
  766  corporation for any development for which construction or
  767  rehabilitation has not commenced.
  768         (3) Before any order issued under this section can be
  769  final, an administrative complaint must be served on the
  770  applicant, affiliate of the applicant, or its registered agent
  771  that provides notification of findings of the board, the
  772  intended action, and the opportunity to request a proceeding
  773  pursuant to ss. 120.569 and 120.57.
  774         (4) Any funding, allocation of federal housing credits,
  775  credit underwriting procedures, or application review for any
  776  development for which construction or rehabilitation has not
  777  commenced may be suspended by the corporation upon the service
  778  of an administrative complaint on the applicant, affiliate of
  779  the applicant, or its registered agent. The suspension shall be
  780  effective from the date the administrative complaint is served
  781  until an order issued by the corporation in regard to that
  782  complaint becomes final.
  783         Section 11. For the 2024-2025 fiscal year, from the funds
  784  received and deposited into the General Revenue Fund from the
  785  state’s allocation from the federal Coronavirus State Fiscal
  786  Recovery Fund created under the American Rescue Plan Act of
  787  2021, Pub. L. No. 117-2, the sum of $100 million in nonrecurring
  788  funds is appropriated to the State Housing Trust Fund for use by
  789  the Florida Housing Finance Corporation to implement the Florida
  790  Hometown Hero Program established in s. 420.5096, Florida
  791  Statutes.
  792         Section 12. This act shall take effect upon becoming a law.