Florida Senate - 2025                                    SB 1730
       
       
        
       By Senator Calatayud
       
       
       
       
       
       38-01885A-25                                          20251730__
    1                        A bill to be entitled                      
    2         An act relating to affordable housing; amending ss.
    3         125.01055 and 166.04151, F.S.; requiring counties and
    4         municipalities, respectively, to authorize multifamily
    5         and mixed-use residential as allowable uses in
    6         portions of flexibly zoned areas under certain
    7         circumstances; prohibiting counties and municipalities
    8         from imposing certain requirements on proposed
    9         multifamily developments; prohibiting counties and
   10         municipalities from requiring that more than a
   11         specified percentage of a mixed-use residential
   12         project be used for certain purposes; revising the
   13         height below which counties and municipalities may not
   14         restrict certain developments; requiring the
   15         administrative approval of certain proposed
   16         developments without further action by a quasi
   17         judicial or administrative board or reviewing body
   18         under certain circumstances; requiring counties and
   19         municipalities to reduce parking requirements by at
   20         least a specified percentage for certain proposed
   21         developments under certain circumstances; requiring a
   22         court to give priority to and render expeditious
   23         decisions in certain civil actions; requiring a court
   24         to award reasonable attorney fees and costs and
   25         damages to a prevailing plaintiff in certain civil
   26         actions; providing that such attorney fees or costs
   27         and damages may not exceed a specified dollar amount;
   28         prohibiting the prevailing plaintiff from recovering
   29         certain other fees or costs; defining terms;
   30         prohibiting counties and municipalities from imposing
   31         certain building moratoriums; providing an exception,
   32         subject to certain requirements; authorizing
   33         applicants for certain proposed developments to notify
   34         the county or municipality, as applicable, by a
   35         specified date of its intent to proceed under certain
   36         provisions; requiring counties and municipalities to
   37         allow certain applicants to submit revised
   38         applications, written requests, and notices of intent
   39         to account for changes made by the act; amending s.
   40         380.0552, F.S.; revising the maximum hurricane
   41         evacuation clearance time for permanent residents,
   42         which time is an element for which amendments to local
   43         comprehensive plans in the Florida Keys Area must be
   44         reviewed for compliance; providing legislative intent;
   45         creating s. 420.5098, F.S.; providing legislative
   46         findings and intent; defining terms; providing that it
   47         is the policy of the state to support housing for
   48         certain employees and to permit developers in receipt
   49         of certain tax credits and funds to create a specified
   50         preference for housing certain employees; requiring
   51         that such preference conform to certain requirements;
   52         amending s. 760.26, F.S.; providing that it is
   53         unlawful to discriminate in land use decisions or in
   54         the permitting of development based on the specified
   55         nature of a development or proposed development;
   56         providing an effective date.
   57          
   58  Be It Enacted by the Legislature of the State of Florida:
   59  
   60         Section 1. Present paragraph (l) of subsection (7) of
   61  section 125.01055, Florida Statutes, is redesignated as
   62  paragraph (o), a new paragraph (l) and paragraphs (m) and (n)
   63  are added to that subsection, subsection (9) is added to that
   64  section, and paragraphs (a), (d), (e), and (f) of subsection (7)
   65  are amended, to read:
   66         125.01055 Affordable housing.—
   67         (7)(a) A county must authorize multifamily and mixed-use
   68  residential as allowable uses in any area zoned for commercial,
   69  industrial, or mixed use, and in portions of any flexibly zoned
   70  area such as a planned unit development permitted for
   71  commercial, industrial, or mixed use, if at least 40 percent of
   72  the residential units in a proposed multifamily development are
   73  rental units that, for a period of at least 30 years, are
   74  affordable as defined in s. 420.0004. Notwithstanding any other
   75  law, local ordinance, or regulation to the contrary, a county
   76  may not require a proposed multifamily development to obtain a
   77  zoning or land use change, special exception, conditional use
   78  approval, variance, transfer of density or development units,
   79  amendment to a development of regional impact, amendment to a
   80  development agreement, amendment to a restrictive covenant, or
   81  comprehensive plan amendment for the building height, zoning,
   82  and densities authorized under this subsection. For mixed-use
   83  residential projects, at least 65 percent of the total square
   84  footage must be used for residential purposes. The county may
   85  not require that more than 10 percent of the total square
   86  footage of such mixed-use residential projects be used for
   87  nonresidential purposes.
   88         (d) 1. A county may not restrict the height of a proposed
   89  development authorized under this subsection below the highest
   90  currently allowed, or allowed on July 1, 2023, height for a
   91  commercial or residential building located in its jurisdiction
   92  within 1 mile of the proposed development or 3 stories,
   93  whichever is higher. For purposes of this paragraph, the term
   94  “highest currently allowed height” does not include the height
   95  of any building that met the requirements of this subsection or
   96  the height of any building that has received any bonus,
   97  variance, or other special exception for height provided in the
   98  county’s land development regulations as an incentive for
   99  development.
  100         2. If the proposed development is adjacent to, on two or
  101  more sides, a parcel zoned for single-family residential use
  102  which is within a single-family residential development with at
  103  least 25 contiguous single-family homes, the county may restrict
  104  the height of the proposed development to 150 percent of the
  105  tallest building on any property adjacent to the proposed
  106  development, the highest currently allowed height for the
  107  property provided in the county’s land development regulations,
  108  or 3 stories, whichever is higher. For the purposes of this
  109  paragraph, the term “adjacent to” means those properties sharing
  110  more than one point of a property line, but does not include
  111  properties separated by a public road.
  112         (e) A proposed development authorized under this subsection
  113  must be administratively approved without and no further action
  114  by the board of county commissioners or any quasi-judicial or
  115  administrative board or reviewing body is required if the
  116  development satisfies the county’s land development regulations
  117  for multifamily developments in areas zoned for such use and is
  118  otherwise consistent with the comprehensive plan, with the
  119  exception of provisions establishing allowable densities, floor
  120  area ratios, height, and land use. Such land development
  121  regulations include, but are not limited to, regulations
  122  relating to setbacks and parking requirements. A proposed
  123  development located within one-quarter mile of a military
  124  installation identified in s. 163.3175(2) may not be
  125  administratively approved. Each county shall maintain on its
  126  website a policy containing procedures and expectations for
  127  administrative approval pursuant to this subsection.
  128         (f)1. A county must, upon request of an applicant, reduce
  129  consider reducing parking requirements by at least 20 percent
  130  for a proposed development authorized under this subsection if
  131  the development:
  132         a. Is located within one-quarter mile of a transit stop, as
  133  defined in the county’s land development code, and the transit
  134  stop is accessible from the development;.
  135         2. A county must reduce parking requirements by at least 20
  136  percent for a proposed development authorized under this
  137  subsection if the development:
  138         b.a. Is located within one-half mile of a major
  139  transportation hub that is accessible from the proposed
  140  development by safe, pedestrian-friendly means, such as
  141  sidewalks, crosswalks, elevated pedestrian or bike paths, or
  142  other multimodal design features; or and
  143         c.b. Has available parking within 600 feet of the proposed
  144  development which may consist of options such as on-street
  145  parking, parking lots, or parking garages available for use by
  146  residents of the proposed development. However, a county may not
  147  require that the available parking compensate for the reduction
  148  in parking requirements.
  149         2.3. A county must eliminate parking requirements for a
  150  proposed mixed-use residential development authorized under this
  151  subsection within an area recognized by the county as a transit
  152  oriented development or area, as provided in paragraph (h).
  153         3.4. For purposes of this paragraph, the term “major
  154  transportation hub” means any transit station, whether bus,
  155  train, or light rail, which is served by public transit with a
  156  mix of other transportation options.
  157         (l) The court shall give any civil action filed against a
  158  county for a violation of this subsection priority over other
  159  pending cases and render a preliminary or final decision as
  160  expeditiously as possible.
  161         (m) If a civil action is filed against a county for a
  162  violation of this subsection, the court must assess and award
  163  reasonable attorney fees and costs and damages to the prevailing
  164  plaintiff. An award of reasonable attorney fees or costs and
  165  damages pursuant to this subsection may not exceed $100,000. In
  166  addition, a prevailing plaintiff may not recover any attorney
  167  fees or costs directly incurred by or associated with litigation
  168  to determine an award of reasonable attorney fees or costs.
  169         (n) As used in this subsection, the term:
  170         1. “Commercial use” means activities associated with the
  171  sale, rental, or distribution of products or the performance of
  172  services related thereto. The term includes, but is not limited
  173  to, such uses or activities as retail sales; wholesale sales;
  174  rentals of equipment, goods, or products; offices; restaurants;
  175  food service vendors; sports arenas; theaters; tourist
  176  attractions; and other for-profit business activities. A parcel
  177  zoned to permit such uses by right without the requirement to
  178  obtain a variance or waiver is considered commercial use for the
  179  purposes of this section, irrespective of the local land
  180  development regulation’s listed category or title. The term does
  181  not include uses that are accessory, ancillary, incidental to
  182  the allowable uses, or allowed only on a temporary basis.
  183  Recreational uses, such as golf courses, tennis courts, swimming
  184  pools, and clubhouses, within an area designated for residential
  185  use are not commercial use, irrespective of how they are
  186  operated.
  187         2. “Industrial use” means activities associated with the
  188  manufacture, assembly, processing, or storage of products or the
  189  performance of services related thereto. The term includes, but
  190  is not limited to, such uses or activities as automobile
  191  manufacturing or repair, boat manufacturing or repair, junk
  192  yards, meat packing facilities, citrus processing and packing
  193  facilities, produce processing and packing facilities,
  194  electrical generating plants, water treatment plants, sewage
  195  treatment plants, and solid waste disposal sites. A parcel zoned
  196  to permit such uses by right without the requirement to obtain a
  197  variance or waiver is considered industrial use for the purposes
  198  of this section, irrespective of the local land development
  199  regulation’s listed category or title. The term does not include
  200  uses that are accessory, ancillary, incidental to the allowable
  201  uses, or allowed only on a temporary basis. Recreational uses,
  202  such as golf courses, tennis courts, swimming pools, and
  203  clubhouses, within an area designated for residential use are
  204  not industrial use, irrespective of how they are operated.
  205         3. “Mixed use” means any use that combines multiple types
  206  of approved land uses from at least two of the residential use,
  207  commercial use, and industrial use categories. The term does not
  208  include uses that are accessory, ancillary, incidental to the
  209  allowable uses, or allowed only on a temporary basis.
  210  Recreational uses, such as golf courses, tennis courts, swimming
  211  pools, and clubhouses, within an area designated for residential
  212  use are not mixed use, irrespective of how they are operated.
  213         4. “Planned unit development” has the same meaning as
  214  provided in s. 163.3202(5)(b).
  215         (9)(a) A county may not impose a building moratorium that
  216  has the effect of delaying the permitting or construction of a
  217  multifamily residential or mixed-use residential development
  218  authorized under subsection (7) except as provided in paragraph
  219  (b).
  220         (b) A county may, by ordinance, impose such a building
  221  moratorium for no more than 90 days in any 3-year period. Before
  222  adoption of such a building moratorium, the county shall prepare
  223  or cause to be prepared an assessment of the county’s need for
  224  affordable housing at the extremely-low-income, very-low-income,
  225  low-income, or moderate-income limits specified in s. 420.0004,
  226  including projections of such need for the next 5 years. This
  227  assessment must be posted on the county’s website by the date
  228  the notice of proposed enactment is published, and presented at
  229  the same public meeting at which the proposed ordinance imposing
  230  the building moratorium is adopted by the board of county
  231  commissioners. This assessment must be included in the business
  232  impact estimate for the ordinance imposing such a moratorium
  233  required by s. 125.66(3).
  234         (c) If a civil action is filed against a county for a
  235  violation of this subsection, the court must assess and award
  236  reasonable attorney fees and costs and damages to the prevailing
  237  plaintiff. An award of reasonable attorney fees or costs and
  238  damages pursuant to this subsection may not exceed $100,000. In
  239  addition, a prevailing plaintiff may not recover any attorney
  240  fees or costs directly incurred by or associated with litigation
  241  to determine an award of reasonable attorney fees or costs.
  242         Section 2. Present paragraph (l) of subsection (7) of
  243  section 166.04151, Florida Statutes, is redesignated as
  244  paragraph (o), a new paragraph (l) and paragraphs (m) and (n)
  245  are added to that subsection, subsection (9) is added to that
  246  section, and paragraphs (a), (d), (e), and (f) of subsection (7)
  247  are amended, to read:
  248         166.04151 Affordable housing.—
  249         (7)(a) A municipality must authorize multifamily and mixed
  250  use residential as allowable uses in any area zoned for
  251  commercial, industrial, or mixed use, and in portions of any
  252  flexibly zoned area such as a planned unit development permitted
  253  for commercial, industrial, or mixed use, if at least 40 percent
  254  of the residential units in a proposed multifamily development
  255  are rental units that, for a period of at least 30 years, are
  256  affordable as defined in s. 420.0004. Notwithstanding any other
  257  law, local ordinance, or regulation to the contrary, a
  258  municipality may not require a proposed multifamily development
  259  to obtain a zoning or land use change, special exception,
  260  conditional use approval, variance, transfer of density or
  261  development units, amendment to a development of regional
  262  impact, amendment to a development agreements, amendment to a
  263  restrictive covenant, or comprehensive plan amendment for the
  264  building height, zoning, and densities authorized under this
  265  subsection. For mixed-use residential projects, at least 65
  266  percent of the total square footage must be used for residential
  267  purposes. The municipality may not require that more than 10
  268  percent of the total square footage of such mixed-use
  269  residential projects be used for nonresidential purposes.
  270         (d)1. A municipality may not restrict the height of a
  271  proposed development authorized under this subsection below the
  272  highest currently allowed, or allowed on July 1, 2023, height
  273  for a commercial or residential building located in its
  274  jurisdiction within 1 mile of the proposed development or 3
  275  stories, whichever is higher. For purposes of this paragraph,
  276  the term “highest currently allowed height” does not include the
  277  height of any building that met the requirements of this
  278  subsection or the height of any building that has received any
  279  bonus, variance, or other special exception for height provided
  280  in the municipality’s land development regulations as an
  281  incentive for development.
  282         2. If the proposed development is adjacent to, on two or
  283  more sides, a parcel zoned for single-family residential use
  284  that is within a single-family residential development with at
  285  least 25 contiguous single-family homes, the municipality may
  286  restrict the height of the proposed development to 150 percent
  287  of the tallest building on any property adjacent to the proposed
  288  development, the highest currently allowed height for the
  289  property provided in the municipality’s land development
  290  regulations, or 3 stories, whichever is higher. For the purposes
  291  of this paragraph, the term “adjacent to” means those properties
  292  sharing more than one point of a property line, but does not
  293  include properties separated by a public road or body of water,
  294  including man-made lakes or ponds.
  295         (e) A proposed development authorized under this subsection
  296  must be administratively approved without and no further action
  297  by the governing body of the municipality or any quasi-judicial
  298  or administrative board or reviewing body is required if the
  299  development satisfies the municipality’s land development
  300  regulations for multifamily developments in areas zoned for such
  301  use and is otherwise consistent with the comprehensive plan,
  302  with the exception of provisions establishing allowable
  303  densities, floor area ratios, height, and land use. Such land
  304  development regulations include, but are not limited to,
  305  regulations relating to setbacks and parking requirements. A
  306  proposed development located within one-quarter mile of a
  307  military installation identified in s. 163.3175(2) may not be
  308  administratively approved. Each municipality shall maintain on
  309  its website a policy containing procedures and expectations for
  310  administrative approval pursuant to this subsection.
  311         (f)1. A municipality must, upon request of an applicant,
  312  reduce consider reducing parking requirements for a proposed
  313  development authorized under this subsection if the development:
  314         a. Is located within one-quarter mile of a transit stop, as
  315  defined in the municipality’s land development code, and the
  316  transit stop is accessible from the development;.
  317         2. A municipality must reduce parking requirements by at
  318  least 20 percent for a proposed development authorized under
  319  this subsection if the development:
  320         b.a. Is located within one-half mile of a major
  321  transportation hub that is accessible from the proposed
  322  development by safe, pedestrian-friendly means, such as
  323  sidewalks, crosswalks, elevated pedestrian or bike paths, or
  324  other multimodal design features; or.
  325         c.b. Has available parking within 600 feet of the proposed
  326  development which may consist of options such as on-street
  327  parking, parking lots, or parking garages available for use by
  328  residents of the proposed development. However, a municipality
  329  may not require that the available parking compensate for the
  330  reduction in parking requirements.
  331         2.3. A municipality must eliminate parking requirements for
  332  a proposed mixed-use residential development authorized under
  333  this subsection within an area recognized by the municipality as
  334  a transit-oriented development or area, as provided in paragraph
  335  (h).
  336         3.4. 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         (l) The court shall give any civil action filed against a
  341  municipality for a violation of this subsection priority over
  342  other pending cases and render a preliminary or final decision
  343  as expeditiously as possible.
  344         (m) If a civil action is filed against a municipality for a
  345  violation of this subsection, the court must assess and award
  346  reasonable attorney fees and costs and damages to the prevailing
  347  plaintiff. An award of reasonable attorney fees or costs and
  348  damages pursuant to this subsection may not exceed $100,000. In
  349  addition, a prevailing plaintiff may not recover any attorney
  350  fees or costs directly incurred by or associated with litigation
  351  to determine an award of reasonable attorney fees or costs.
  352         (n) As used in this subsection, the term:
  353         1. “Commercial use” means activities associated with the
  354  sale, rental, or distribution of products or the performance of
  355  services related thereto. The term includes, but is not limited
  356  to, such uses or activities as retail sales; wholesale sales;
  357  rentals of equipment, goods, or products; offices; restaurants;
  358  food service vendors; sports arenas; theaters; tourist
  359  attractions; and other for-profit business activities. A parcel
  360  zoned to permit such uses by right without the requirement to
  361  obtain a variance or waiver is considered commercial use for the
  362  purposes of this section, irrespective of the local land
  363  development regulation’s listed category or title. The term does
  364  not include uses that are accessory, ancillary, incidental to
  365  the allowable uses, or allowed only on a temporary basis.
  366  Recreational uses, such as golf courses, tennis courts, swimming
  367  pools, and clubhouses, within an area designated for residential
  368  use are not commercial use, irrespective of how they are
  369  operated.
  370         2. “Industrial use” means activities associated with the
  371  manufacture, assembly, processing, or storage of products or the
  372  performance of services related thereto. The term includes, but
  373  is not limited to, such uses or activities as automobile
  374  manufacturing or repair, boat manufacturing or repair, junk
  375  yards, meat packing facilities, citrus processing and packing
  376  facilities, produce processing and packing facilities,
  377  electrical generating plants, water treatment plants, sewage
  378  treatment plants, and solid waste disposal sites. A parcel zoned
  379  to permit such uses by right without the requirement to obtain a
  380  variance or waiver is considered industrial use for the purposes
  381  of this section, irrespective of the local land development
  382  regulation’s listed category or title. The term does not include
  383  uses that are accessory, ancillary, incidental to the allowable
  384  uses, or allowed only on a temporary basis. Recreational uses,
  385  such as golf courses, tennis courts, swimming pools, and
  386  clubhouses, within an area designated for residential use are
  387  not industrial, irrespective of how they are operated.
  388         3. “Mixed-use” means any use that combines multiple types
  389  of approved land uses from at least two of the residential use,
  390  commercial use, and industrial use categories. The term does not
  391  include uses that are accessory, ancillary, incidental to the
  392  allowable uses, or allowed only on a temporary basis.
  393  Recreational uses, such as golf courses, tennis courts, swimming
  394  pools, and clubhouses, within an area designated for residential
  395  use are not mixed use, irrespective of how they are operated.
  396         4. “Planned unit development” has the same meaning as
  397  provided in s. 163.3202(5)(b).
  398         (9)(a) A municipality may not impose a building moratorium
  399  that has the effect of delaying the permitting or construction
  400  of a multifamily residential or mixed-use residential
  401  development authorized under subsection (7) except as provided
  402  in paragraph (b).
  403         (b) A municipality may, by ordinance, impose such a
  404  building moratorium for no more than 90 days in any 3-year
  405  period. Before adoption of such a building moratorium, the
  406  municipality shall prepare or cause to be prepared an assessment
  407  of the municipality’s need for affordable housing at the
  408  extremely-low-income, very-low-income, low-income, or moderate
  409  income limits specified in s. 420.0004, including projections of
  410  such need for the next 5 years. This assessment must be posted
  411  on the municipality’s website by the date the notice of proposed
  412  enactment is published and must be presented at the same public
  413  meeting at which the proposed ordinance imposing the building
  414  moratorium is adopted by the governing body of the municipality.
  415  This assessment must be included in the business impact estimate
  416  for the ordinance imposing such a moratorium required by s.
  417  166.041(4).
  418         (c) If a civil action is filed against a municipality for a
  419  violation of this subsection, the court must assess and award
  420  reasonable attorney fees and costs and damages to the prevailing
  421  plaintiff. An award of reasonable attorney fees or costs and
  422  damages pursuant to this subsection may not exceed $100,000. In
  423  addition, a prevailing plaintiff may not recover any attorney
  424  fees or costs directly incurred by or associated with litigation
  425  to determine an award of reasonable attorney fees or costs.
  426         Section 3. An applicant for a proposed development
  427  authorized under s. 125.01055(7), Florida Statutes, or s.
  428  166.04151(7), Florida Statutes, who submitted an application,
  429  written request, or notice of intent to use such provisions to
  430  the county or municipality and which application, written
  431  request, or notice of intent has been received by the county or
  432  municipality, as applicable, before July 1, 2025, may notify the
  433  county or municipality by July 1, 2025, of its intent to proceed
  434  under the provisions of s. 125.01055(7), Florida Statutes, or s.
  435  166.04151(7), Florida Statutes, as they existed at the time of
  436  submittal. A county or municipality, as applicable, shall allow
  437  an applicant who submitted such application, written request, or
  438  notice of intent before July 1, 2025, the opportunity to submit
  439  a revised application, written request, or notice of intent to
  440  account for the changes made by this act.
  441         Section 4. Paragraph (a) of subsection (9) of section
  442  380.0552, Florida Statutes, is amended to read:
  443         380.0552 Florida Keys Area; protection and designation as
  444  area of critical state concern.—
  445         (9) MODIFICATION TO PLANS AND REGULATIONS.—
  446         (a) Any land development regulation or element of a local
  447  comprehensive plan in the Florida Keys Area may be enacted,
  448  amended, or rescinded by a local government, but the enactment,
  449  amendment, or rescission becomes effective only upon approval by
  450  the state land planning agency. The state land planning agency
  451  shall review the proposed change to determine if it is in
  452  compliance with the principles for guiding development specified
  453  in chapter 27F-8, Florida Administrative Code, as amended
  454  effective August 23, 1984, and must approve or reject the
  455  requested changes within 60 days after receipt. Amendments to
  456  local comprehensive plans in the Florida Keys Area must also be
  457  reviewed for compliance with the following:
  458         1. Construction schedules and detailed capital financing
  459  plans for wastewater management improvements in the annually
  460  adopted capital improvements element, and standards for the
  461  construction of wastewater treatment and disposal facilities or
  462  collection systems that meet or exceed the criteria in s.
  463  403.086(11) for wastewater treatment and disposal facilities or
  464  s. 381.0065(4)(l) for onsite sewage treatment and disposal
  465  systems.
  466         2. Goals, objectives, and policies to protect public safety
  467  and welfare in the event of a natural disaster by maintaining a
  468  hurricane evacuation clearance time for permanent residents of
  469  no more than 26 24 hours. The hurricane evacuation clearance
  470  time shall be determined by a hurricane evacuation study
  471  conducted in accordance with a professionally accepted
  472  methodology and approved by the state land planning agency. For
  473  purposes of hurricane evacuation clearance time:
  474         a. Mobile home residents are not considered permanent
  475  residents.
  476         b. The City of Key West Area of Critical State Concern
  477  established by chapter 28-36, Florida Administrative Code, shall
  478  be included in the hurricane evacuation study and is subject to
  479  the evacuation requirements of this subsection.
  480         Section 5. It is the intent of the Legislature that the
  481  amendment made by this act to s. 380.0552, Florida Statutes,
  482  will accommodate the building of additional developments within
  483  the Florida Keys to ameliorate the acute affordable housing and
  484  building permit allocation shortage. The Legislature also
  485  intends that local governments subject to the hurricane
  486  evacuation clearance time restrictions on residential buildings
  487  manage growth with a heightened focus on long-term stability and
  488  affordable housing for the local workforce.
  489         Section 6. Section 420.5098, Florida Statutes, is created
  490  to read:
  491         420.5098 Public sector and hospital employer-sponsored
  492  housing policy.—
  493         (1) The Legislature finds that it is in the best interests
  494  of the state and the state’s economy to provide affordable
  495  housing to state residents employed by hospitals, health care
  496  facilities, and governmental entities in order to attract and
  497  maintain the highest quality labor by incentivizing such
  498  employers to sponsor affordable housing opportunities. Section
  499  42(g)(9)(B) of the Internal Revenue Code provides that a
  500  qualified low-income housing project does not fail to meet the
  501  general public use requirement solely because of occupancy
  502  restrictions or preferences that favor tenants who are members
  503  of a specified group under a state program or policy that
  504  supports housing for such specified group. Therefore, it is the
  505  intent of the Legislature to establish a policy that supports
  506  the development of affordable workforce housing for employees of
  507  hospitals, health care facilities, and governmental entities.
  508         (2) For purposes of this section, the term:
  509         (a) “Governmental entity” means any state, regional,
  510  county, local, or municipal governmental entity of this state,
  511  whether executive, judicial, or legislative; any department,
  512  division, bureau, commission, authority, or political
  513  subdivision of the state; any public school, state university,
  514  or Florida College System institution; or any special district
  515  as defined in s. 189.012.
  516         (b) “Health care facility” has the same meaning as provided
  517  in s. 159.27(16).
  518         (c) “Hospital” means a hospital under chapter 155, a
  519  hospital district created pursuant to chapter 189, or a hospital
  520  licensed pursuant to chapter 395, including corporations not for
  521  profit that are qualified as charitable under s. 501(c)(3) of
  522  the Internal Revenue Code and for-profit entities.
  523         (3) It is the policy of the state to support housing for
  524  employees of hospitals, health care facilities, and governmental
  525  entities and to allow developers in receipt of federal low
  526  income housing tax credits allocated pursuant to s. 420.5099,
  527  local or state funds, or other sources of funding available to
  528  finance the development of affordable housing to create a
  529  preference for housing for such employees. Such preference must
  530  conform to the requirements of s. 42(g)(9) of the Internal
  531  Revenue Code.
  532         Section 7. Section 760.26, Florida Statutes, is amended to
  533  read:
  534         760.26 Prohibited discrimination in land use decisions and
  535  in permitting of development.—It is unlawful to discriminate in
  536  land use decisions or in the permitting of development based on
  537  race, color, national origin, sex, disability, familial status,
  538  religion, or, except as otherwise provided by law, the source of
  539  financing of a development or proposed development or the nature
  540  of a development or proposed development as affordable housing.
  541         Section 8. This act shall take effect July 1, 2025.