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 shall may adopt 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 an
   59  accessory dwelling unit must include an affidavit from the
   60  applicant which attests that the unit will be rented at an
   61  affordable rate to an extremely-low-income, very-low-income,
   62  low-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.