Florida Senate - 2025 CS for CS for SB 184 By the Appropriations Committee on Transportation, Tourism, and Economic Development; the Committee on Community Affairs; and Senator Gaetz 606-02271-25 2025184c2 1 A bill to be entitled 2 An act relating to affordable housing; amending s. 3 163.31771, F.S.; revising the definition of the term 4 “accessory dwelling unit” to include certain 5 manufactured homes; requiring, rather than 6 authorizing, local governments to adopt an ordinance 7 to allow accessory dwelling units in certain areas; 8 prohibiting such an ordinance from increasing parking 9 requirements; prohibiting such an ordinance from 10 including a specified requirement; providing 11 applicability of such an ordinance; deleting a 12 requirement that an application for a building permit 13 to construct an accessory dwelling unit include a 14 certain affidavit; revising the accessory dwelling 15 units that apply toward satisfying a certain component 16 of a local government’s comprehensive plan; 17 prohibiting the leasing of an accessory dwelling unit 18 for a term of less than a specified timeframe; 19 prohibiting the denial of a homestead exemption for 20 certain portions of property on a specified basis; 21 requiring that a rented accessory dwelling unit be 22 assessed separately from the homestead property; 23 amending s. 420.615, F.S.; authorizing a local 24 government to provide a density bonus incentive to 25 landowners who make certain real property donations to 26 assist in the provision of affordable housing for 27 military families; requiring the Office of Program 28 Policy Analysis and Government Accountability to 29 evaluate the efficacy of using mezzanine finance and 30 the potential of tiny homes for specified purposes; 31 requiring the office to consult with certain entities; 32 requiring the office to submit a certain report to the 33 Legislature by a specified date; providing an 34 effective date. 35 36 Be It Enacted by the Legislature of the State of Florida: 37 38 Section 1. Paragraph (a) of subsection (2) and subsections 39 (3), (4), and (5) of section 163.31771, Florida Statutes, are 40 amended, and a new subsection (5) and subsection (6) are added 41 to that section, to read: 42 163.31771 Accessory dwelling units.— 43 (2) As used in this section, the term: 44 (a) “Accessory dwelling unit” means an ancillary or 45 secondary living unit, that has a separate kitchen, bathroom, 46 and sleeping area, existing either within the same structure, or 47 on the same lot, as the primary dwelling unit. An accessory 48 dwelling unit may be a manufactured home, so long as the 49 manufactured home meets all applicable requirements. 50 (3) A local government shallmayadopt an ordinance to 51 allow accessory dwelling units, without any corresponding 52 increase in parking requirements, in any area zoned for single 53 family residential use. Such ordinance may not require that the 54 owner of a parcel on which an accessory dwelling unit is 55 constructed reside on such parcel and does not apply to a 56 planned unit development or a master planned community as those 57 terms are defined in s. 163.3202(5)(b)2. 58 (4)An application for a building permit to construct an59accessory dwelling unit must include an affidavit from the60applicant which attests that the unit will be rented at an61affordable rate to an extremely-low-income, very-low-income,62low-income, or moderate-income person or persons.63(5)Each accessory dwelling unit allowed by an ordinance 64 adopted under this section which provides affordable rental 65 housing shall apply toward satisfying the affordable housing 66 component of the housing element in the local government’s 67 comprehensive plan under s. 163.3177(6)(f). 68 (5) An accessory dwelling unit may not be leased for a term 69 of less than one month. 70 (6) The owner of a property with an accessory dwelling unit 71 may not be denied a homestead exemption for those portions of 72 property on which the owner maintains a permanent residence 73 solely on the basis of the property containing an accessory 74 dwelling unit that is or may be rented to another person. 75 However, if the accessory dwelling unit is rented to another 76 person, the accessory dwelling unit must be assessed separately 77 from the homestead property. 78 Section 2. Subsection (1) of section 420.615, Florida 79 Statutes, is amended to read: 80 420.615 Affordable housing land donation density bonus 81 incentives.— 82 (1) A local government may provide density bonus incentives 83 pursuant to the provisions of this section to any landowner who 84 voluntarily donates fee simple interest in real property to the 85 local government for the purpose of assisting the local 86 government in providing affordable housing, including housing 87 that is affordable for military families receiving the basic 88 allowance for housing. Donated real property must be determined 89 by the local government to be appropriate for use as affordable 90 housing and must be subject to deed restrictions to ensure that 91 the property will be used for affordable housing. 92 Section 3. The Office of Program Policy Analysis and 93 Government Accountability (OPPAGA) shall evaluate the efficacy 94 of using mezzanine finance, or second-position short-term debt, 95 to stimulate the construction of owner-occupied housing that is 96 affordable as defined in s. 420.0004(3), Florida Statutes, in 97 this state. OPPAGA shall also evaluate the potential of tiny 98 homes in meeting the need for affordable housing in this state. 99 OPPAGA shall consult with the Florida Housing Finance 100 Corporation and the Shimberg Center for Housing Studies at the 101 University of Florida in conducting its evaluation. By December 102 31, 2026, OPPAGA shall submit a report of its findings to the 103 President of the Senate and the Speaker of the House of 104 Representatives. Such report must include recommendations for 105 the structuring of a model mezzanine finance program. 106 Section 4. This act shall take effect July 1, 2025.