Florida Senate - 2026 SENATOR AMENDMENT
Bill No. CS for CS for HB 1389
Ì668106'Î668106
LEGISLATIVE ACTION
Senate . House
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Floor: 1/AD/2R .
03/06/2026 04:14 PM .
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Senator Calatayud moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraphs (a), (d), (n), and (o) of subsection
6 (7) of section 125.01055, Florida Statutes, are amended to read:
7 125.01055 Affordable housing.—
8 (7)(a)1. A county must authorize multifamily and mixed-use
9 residential as allowable uses in any area zoned for commercial,
10 industrial, or mixed use, and in portions of any flexibly zoned
11 area such as a planned unit development permitted for
12 commercial, industrial, or mixed use, and on property owned by a
13 county, municipality, or school district, if at least 40 percent
14 of the residential units in a proposed multifamily development
15 are rental units that, for a period of at least 30 years, are
16 affordable as defined in s. 420.0004. Notwithstanding any other
17 law, local ordinance, or regulation to the contrary, a county
18 may not require a proposed multifamily development to obtain a
19 zoning or land use change, special exception, conditional use
20 approval, variance, transfer of density or development units,
21 amendment to a development of regional impact, or comprehensive
22 plan amendment for the building height, zoning, and densities
23 authorized under this subsection. For mixed-use residential
24 projects, at least 65 percent of the total square footage must
25 be used for residential purposes. The county may not require
26 that more than 10 percent of the total square footage of such
27 mixed-use residential projects be used for nonresidential
28 purposes. A proposed development on property owned by a county,
29 municipality, or school district must be within the geographic
30 boundaries of the respective county, municipality, or school
31 district, and the respective county, municipality, or school
32 district must be a party to the application for the proposed
33 development.
34 2. A multifamily or mixed-use residential development
35 proposed under this section may consist of an assemblage of
36 parcels under common ownership or control separated by no more
37 than 15 feet of land and limited to public pedestrian access.
38 This subparagraph expires July 1, 2028.
39 (d)1. A county may not restrict the height of a proposed
40 development authorized under this subsection below the highest
41 currently allowed, or allowed on July 1, 2023, height for a
42 commercial or residential building located in its jurisdiction
43 within 1 mile of the proposed development or three stories,
44 whichever is higher. A county may not restrict height below the
45 height authorized under this paragraph through other dimensional
46 means, such as height determined by setbacks or stepbacks, or
47 require setbacks or stepbacks that are more restrictive than the
48 minimum applicable to the proposed development. For purposes of
49 this paragraph, the term “highest currently allowed height” does
50 not include the height of any building that met the requirements
51 of this subsection or the height of any building that has
52 received any bonus, variance, or other special exception for
53 height provided in the county’s land development regulations as
54 an incentive for development.
55 2. If the proposed development is adjacent to, on two or
56 more sides, a parcel zoned for single-family residential use
57 which is within a single-family residential development with at
58 least 25 contiguous single-family homes, the county may restrict
59 the height of the proposed development to 150 percent of the
60 tallest building on any property adjacent to the proposed
61 development, the highest currently allowed, or allowed on July
62 1, 2023, height for the property provided in the county’s land
63 development regulations, or three stories, whichever is higher,
64 not to exceed 10 stories. For the purposes of this paragraph,
65 the term “adjacent to” means those properties sharing more than
66 one point of a property line, but does not include properties
67 separated by a public road.
68 3. If the proposed development is on a parcel with a
69 contributing structure or building within a historic district
70 which was listed in the National Register of Historic Places
71 before January 1, 2000, or is on a parcel with a structure or
72 building individually listed in the National Register of
73 Historic Places, the county may restrict the height of the
74 proposed development to the highest currently allowed, or
75 allowed on July 1, 2023, height for a commercial or residential
76 building located in its jurisdiction within three-fourths of a
77 mile of the proposed development or three stories, whichever is
78 higher. The term “highest currently allowed” in this paragraph
79 includes the maximum height allowed for any building in a zoning
80 district irrespective of any conditions.
81 (n) As used in this subsection, the term:
82 1. “Commercial use” means activities associated with the
83 sale, rental, or distribution of products or the performance of
84 services related thereto. The term includes, but is not limited
85 to, such uses or activities as retail sales; wholesale sales;
86 rentals of equipment, goods, or products; offices; restaurants;
87 public lodging establishments as described in s. 509.242(1)(a);
88 food service vendors; sports arenas; theaters; tourist
89 attractions; and other for-profit business activities. A parcel
90 zoned to permit such uses by right without the requirement to
91 obtain a variance or waiver is considered commercial use for the
92 purposes of this section, irrespective of the local land
93 development regulation’s listed category or title. The term does
94 not include home-based businesses or cottage food operations
95 undertaken on residential property, public lodging
96 establishments as described in s. 509.242(1)(c), or uses that
97 are accessory, ancillary, incidental to the allowable uses, or
98 allowed only on a temporary basis. Recreational uses, such as
99 golf courses, tennis courts, swimming pools, and clubhouses,
100 within an area designated for residential use are not commercial
101 use, irrespective of how they are operated. Farms and farm
102 operations as those terms are defined in s. 823.14(3) and uses
103 associated therewith, including the packaging and sale of
104 products raised on the premises, are not commercial use.
105 2. “Industrial use” means activities associated with the
106 manufacture, assembly, processing, or storage of products or the
107 performance of services related thereto. The term includes, but
108 is not limited to, such uses or activities as automobile
109 manufacturing or repair, boat manufacturing or repair, junk
110 yards, meat packing facilities, citrus processing and packing
111 facilities, produce processing and packing facilities,
112 electrical generating plants, water treatment plants, sewage
113 treatment plants, and solid waste disposal sites. A parcel zoned
114 to permit such uses by right without the requirement to obtain a
115 variance or waiver is considered industrial use for the purposes
116 of this section, irrespective of the local land development
117 regulation’s listed category or title. The term does not include
118 uses that are accessory, ancillary, incidental to the allowable
119 uses, or allowed only on a temporary basis. Recreational uses,
120 such as golf courses, tennis courts, swimming pools, and
121 clubhouses, within an area designated for residential use are
122 not industrial use, irrespective of how they are operated. Farms
123 and farm operations as those terms are defined in s. 823.14(3)
124 and uses associated therewith, including the packaging and sale
125 of products raised on the premises, are not industrial use.
126 3. “Mixed use” means any use that combines multiple types
127 of approved land uses from at least two of the residential use,
128 commercial use, and industrial use categories. The term does not
129 include uses that are accessory, ancillary, incidental to the
130 allowable uses, or allowed only on a temporary basis.
131 Recreational uses, such as golf courses, tennis courts, swimming
132 pools, and clubhouses, within an area designated for residential
133 use are not mixed use, irrespective of how they are operated.
134 4. “Planned unit development” has the same meaning as
135 provided in s. 163.3202(5)(b).
136 (o) This subsection does not apply to:
137 1. Airport-impacted areas as provided in s. 333.03.
138 2. Property defined as recreational and commercial working
139 waterfront in s. 342.201(2)(b) in any area zoned as industrial.
140 3. The Wekiva Study Area, as described in s. 369.316.
141 4. The Everglades Protection Area, as defined in s.
142 373.4592(2).
143 5. Areas subject to land development regulations, as
144 defined in s. 163.3164, which are in existence before July 1,
145 2026, and are intended to retain the open character of land,
146 including, but not limited to, open space districts, open space
147 recreation districts, open use estate districts, open use rural
148 districts, and park and open space districts.
149 6. Any area of critical state concern, as designated in ss.
150 380.055, 380.0551, 380.0552, 380.0553, and 380.0555.
151 7. Any portion of a property encumbered by a recorded
152 conservation easement, as defined in s. 704.06(1).
153 Section 2. Paragraphs (a), (d), (n), and (o) of subsection
154 (7) of section 166.04151, Florida Statutes, are amended to read:
155 166.04151 Affordable housing.—
156 (7)(a)1. A municipality must authorize multifamily and
157 mixed-use residential as allowable uses in any area zoned for
158 commercial, industrial, or mixed use, and in portions of any
159 flexibly zoned area such as a planned unit development permitted
160 for commercial, industrial, or mixed use, and on property owned
161 by a county, municipality, or school district, if at least 40
162 percent of the residential units in a proposed multifamily
163 development are rental units that, for a period of at least 30
164 years, are affordable as defined in s. 420.0004. Notwithstanding
165 any other law, local ordinance, or regulation to the contrary, a
166 municipality may not require a proposed multifamily development
167 to obtain a zoning or land use change, special exception,
168 conditional use approval, variance, transfer of density or
169 development units, amendment to a development of regional
170 impact, amendment to a municipal charter, or comprehensive plan
171 amendment for the building height, zoning, and densities
172 authorized under this subsection. For mixed-use residential
173 projects, at least 65 percent of the total square footage must
174 be used for residential purposes. The municipality may not
175 require that more than 10 percent of the total square footage of
176 such mixed-use residential projects be used for nonresidential
177 purposes. A proposed development on property owned by a county,
178 municipality, or school district must be within the geographic
179 boundaries of the respective county, municipality, or school
180 district, and the respective county, municipality, or school
181 district must be a party to the application for the proposed
182 development.
183 2. A multifamily or mixed-use residential development
184 proposed under this section may consist of an assemblage of
185 parcels under common ownership or control separated by no more
186 than 15 feet of land and limited to public pedestrian access.
187 This subparagraph expires July 1, 2028.
188 (d)1. A municipality may not restrict the height of a
189 proposed development authorized under this subsection below the
190 highest currently allowed, or allowed on July 1, 2023, height
191 for a commercial or residential building located in its
192 jurisdiction within 1 mile of the proposed development or three
193 stories, whichever is higher. A municipality may not restrict
194 height below the height authorized under this paragraph through
195 other dimensional means, such as height determined by setbacks
196 or stepbacks, or require setbacks or stepbacks that are more
197 restrictive than the minimum applicable to the proposed
198 development. For purposes of this paragraph, the term “highest
199 currently allowed height” does not include the height of any
200 building that met the requirements of this subsection or the
201 height of any building that has received any bonus, variance, or
202 other special exception for height provided in the
203 municipality’s land development regulations as an incentive for
204 development.
205 2. If the proposed development is adjacent to, on two or
206 more sides, a parcel zoned for single-family residential use
207 that is within a single-family residential development with at
208 least 25 contiguous single-family homes, the municipality may
209 restrict the height of the proposed development to 150 percent
210 of the tallest building on any property adjacent to the proposed
211 development, the highest currently allowed, or allowed on July
212 1, 2023, height for the property provided in the municipality’s
213 land development regulations, or three stories, whichever is
214 higher, not to exceed 10 stories. For the purposes of this
215 paragraph, the term “adjacent to” means those properties sharing
216 more than one point of a property line, but does not include
217 properties separated by a public road or body of water,
218 including manmade lakes or ponds. For a proposed development
219 located within a municipality within an area of critical state
220 concern as designated by s. 380.0552 or chapter 28-36, Florida
221 Administrative Code, the term “story” includes only the
222 habitable space above the base flood elevation as designated by
223 the Federal Emergency Management Agency in the most current
224 Flood Insurance Rate Map. A story may not exceed 10 feet in
225 height measured from finished floor to finished floor, including
226 space for mechanical equipment. The highest story may not exceed
227 10 feet from finished floor to the top plate.
228 3. If the proposed development is on a parcel with a
229 contributing structure or building within a historic district
230 which was listed in the National Register of Historic Places
231 before January 1, 2000, or is on a parcel with a structure or
232 building individually listed in the National Register of
233 Historic Places, the municipality may restrict the height of the
234 proposed development to the highest currently allowed, or
235 allowed on July 1, 2023, height for a commercial or residential
236 building located in its jurisdiction within three-fourths of a
237 mile of the proposed development or three stories, whichever is
238 higher. The term “highest currently allowed” in this paragraph
239 includes the maximum height allowed for any building in a zoning
240 district irrespective of any conditions.
241 (n) As used in this subsection, the term:
242 1. “Commercial use” means activities associated with the
243 sale, rental, or distribution of products or the performance of
244 services related thereto. The term includes, but is not limited
245 to, such uses or activities as retail sales; wholesale sales;
246 rentals of equipment, goods, or products; offices; restaurants;
247 public lodging establishments as described in s. 509.242(1)(a);
248 food service vendors; sports arenas; theaters; tourist
249 attractions; and other for-profit business activities. A parcel
250 zoned to permit such uses by right without the requirement to
251 obtain a variance or waiver is considered commercial use for the
252 purposes of this section, irrespective of the local land
253 development regulation’s listed category or title. The term does
254 not include home-based businesses or cottage food operations
255 undertaken on residential property, public lodging
256 establishments as described in s. 509.242(1)(c), or uses that
257 are accessory, ancillary, incidental to the allowable uses, or
258 allowed only on a temporary basis. Recreational uses, such as
259 golf courses, tennis courts, swimming pools, and clubhouses,
260 within an area designated for residential use are not commercial
261 use, irrespective of how they are operated. Farms and farm
262 operations as those terms are defined in s. 823.14(3) and uses
263 associated therewith, including the packaging and sale of
264 products raised on the premises, are not commercial use.
265 2. “Industrial use” means activities associated with the
266 manufacture, assembly, processing, or storage of products or the
267 performance of services related thereto. The term includes, but
268 is not limited to, such uses or activities as automobile
269 manufacturing or repair, boat manufacturing or repair, junk
270 yards, meat packing facilities, citrus processing and packing
271 facilities, produce processing and packing facilities,
272 electrical generating plants, water treatment plants, sewage
273 treatment plants, and solid waste disposal sites. A parcel zoned
274 to permit such uses by right without the requirement to obtain a
275 variance or waiver is considered industrial use for the purposes
276 of this section, irrespective of the local land development
277 regulation’s listed category or title. The term does not include
278 uses that are accessory, ancillary, incidental to the allowable
279 uses, or allowed only on a temporary basis. Recreational uses,
280 such as golf courses, tennis courts, swimming pools, and
281 clubhouses, within an area designated for residential use are
282 not industrial use, irrespective of how they are operated. Farms
283 and farm operations as those terms are defined in s. 823.14(3)
284 and uses associated therewith, including the packaging and sale
285 of products raised on the premises, are not industrial use.
286 3. “Mixed use” means any use that combines multiple types
287 of approved land uses from at least two of the residential use,
288 commercial use, and industrial use categories. The term does not
289 include uses that are accessory, ancillary, incidental to the
290 allowable uses, or allowed only on a temporary basis.
291 Recreational uses, such as golf courses, tennis courts, swimming
292 pools, and clubhouses, within an area designated for residential
293 use are not mixed use, irrespective of how they are operated.
294 4. “Planned unit development” has the same meaning as
295 provided in s. 163.3202(5)(b).
296 (o) This subsection does not apply to:
297 1. Airport-impacted areas as provided in s. 333.03.
298 2. Property defined as recreational and commercial working
299 waterfront in s. 342.201(2)(b) in any area zoned as industrial.
300 3. The Wekiva Study Area, as described in s. 369.316.
301 4. The Everglades Protection Area, as defined in s.
302 373.4592(2).
303 5. Areas subject to land development regulations, as
304 defined in s. 163.3164, which are in existence before July 1,
305 2026, and are intended to retain the open character of land,
306 including, but not limited to, open space districts, open space
307 recreation districts, open use estate districts, open use rural
308 districts, and park and open space districts.
309 6. Any area of critical state concern, as designated in ss.
310 380.055, 380.0551, 380.0552, 380.0553, and 380.0555.
311 7. Any portion of a property encumbered by a recorded
312 conservation easement, as defined in s. 704.06(1).
313 Section 3. The amendments made by this act to ss.
314 125.01055(7)(n) and 166.04151(7)(n), Florida Statutes, are
315 intended to be remedial and clarifying in nature and apply
316 retroactively to January 1, 2024.
317 Section 4. An applicant for a proposed development
318 authorized under s. 125.01055(7), Florida Statutes, or s.
319 166.04151(7), Florida Statutes, who submitted an application, a
320 written request, or a notice of intent to use such provisions to
321 the county or municipality and which application, written
322 request, or notice of intent has been received by the county or
323 municipality, as applicable, before July 1, 2026, may notify the
324 county or municipality by July 1, 2026, of its intent to proceed
325 under the provisions of s. 125.01055(7), Florida Statutes, or s.
326 166.04151(7), Florida Statutes, as they existed at the time of
327 submittal. A county or municipality, as applicable, shall allow
328 an applicant who submitted such an application, written request,
329 or notice of intent before July 1, 2026, the opportunity to
330 submit a revised application, written request, or notice of
331 intent to account for the changes made by this act.
332 Section 5. Subsection (5) of section 333.03, Florida
333 Statutes, is amended to read:
334 333.03 Requirement to adopt airport zoning regulations.—
335 (5) Sections 125.01055(7) and 166.04151(7) do not apply to
336 any of the following, unless the respective application is
337 approved by the governing body of the airport:
338 (a) A proposed development near a runway within one-quarter
339 of a mile laterally from the runway edge and within an area that
340 is the width of one-quarter of a mile extending at right angles
341 from the end of the runway for a distance of 10,000 feet of any
342 existing airport runway or planned airport runway identified in
343 the local government’s airport master plan.
344 (b) A proposed development within any airport noise zone
345 identified in the federal land use compatibility table or in a
346 land-use zoning or airport noise regulation adopted by the local
347 government.
348 (c) A proposed development that exceeds maximum height
349 restrictions identified in the political subdivision’s airport
350 zoning regulation adopted pursuant to this section.
351 Section 6. Subsection (8) of section 760.22, Florida
352 Statutes, is amended to read:
353 760.22 Definitions.—As used in ss. 760.20-760.37, the term:
354 (8) “Person” includes one or more individuals,
355 corporations, partnerships, associations, labor organizations,
356 legal representatives, mutual companies, joint-stock companies,
357 trusts, unincorporated organizations, trustees, trustees in
358 bankruptcy, receivers, and fiduciaries, agencies, governmental
359 entities, and other legal or commercial entities.
360 Section 7. Section 760.26, Florida Statutes, is amended to
361 read:
362 760.26 Prohibited discrimination in land use decisions and
363 in permitting of development.—It is unlawful to discriminate in
364 land use decisions or in the permitting of development based on
365 race, color, national origin, sex, disability, familial status,
366 or religion, or, except as otherwise provided by law, based on
367 the source of financing of a development or proposed
368 development, including, but not limited to, financing of a
369 development or on a proposed development for housing that is
370 affordable as defined in s. 420.0004.
371 Section 8. Subsection (4) of section 760.35, Florida
372 Statutes, is amended to read:
373 760.35 Civil actions and relief; administrative
374 procedures.—
375 (4) If the court finds that a person has engaged in a
376 discriminatory housing practice has occurred, it must shall
377 issue an order prohibiting the practice and providing
378 affirmative relief from the effects of the practice, including
379 injunctive and other equitable relief, actual and punitive
380 damages, and reasonable attorney fees and costs. In accordance
381 with s. 13, Art. X of the State Constitution, the state, for
382 itself and its agencies or political subdivisions, waives
383 sovereign immunity for a cause of action based upon the
384 application of this section. Such waiver is limited only to
385 actions brought under this section.
386 Section 9. Subsections (2) through (5) of section
387 163.31771, Florida Statutes, are amended, and a new subsection
388 (5) is added to that section, to read:
389 163.31771 Accessory dwelling units.—
390 (2) As used in this section, the term:
391 (a) “Accessory dwelling unit” means an ancillary or
392 secondary living unit, that has a separate kitchen, bathroom,
393 and sleeping area, existing either within the same structure, or
394 on the same lot, as the primary dwelling unit.
395 (b) “Affordable rental” means that monthly rent and
396 utilities do not exceed 30 percent of that amount which
397 represents the percentage of the median adjusted gross annual
398 income for extremely-low-income, very-low-income, low-income, or
399 moderate-income persons.
400 (d)(c) “Local government” means a county or municipality.
401 (e)(d) “Low-income persons” has the same meaning as in s.
402 420.0004(11).
403 (f)(e) “Moderate-income persons” has the same meaning as in
404 s. 420.0004(12).
405 (g) “Primary dwelling unit” means an existing or proposed
406 single-family dwelling on the property where a proposed
407 accessory dwelling unit would be located.
408 (h)(f) “Very-low-income persons” has the same meaning as in
409 s. 420.0004(17).
410 (c)(g) “Extremely-low-income persons” has the same meaning
411 as in s. 420.0004(9).
412 (3) By December 1, 2026, a local government shall may adopt
413 an ordinance to allow accessory dwelling units to be approved
414 without requiring a public hearing; a variance, conditional use
415 permit, special permit, or special exception; or other
416 discretionary action, other than a determination that a site
417 plan conforms with applicable zoning regulations, in any area
418 zoned for single-family residential use. Such ordinance must
419 apply prospectively to accessory dwelling units approved after
420 the date the ordinance is adopted. Such ordinance may regulate
421 the permitting, construction, and use of an accessory dwelling
422 unit but may not do any of the following:
423 (a) Prohibit the renting or leasing of an accessory
424 dwelling unit, except to prohibit the renting or leasing of an
425 accessory dwelling unit approved after the effective date of the
426 ordinance for a term of less than 1 month, notwithstanding s.
427 509.032(7)(b).
428 (b) Require that the owner of a parcel on which an
429 accessory dwelling unit is constructed reside in the primary
430 dwelling unit.
431 (c) Increase parking requirements on any parcel that can
432 accommodate an additional motor vehicle on a driveway without
433 impeding access to the primary dwelling unit.
434 (d) Require replacement parking if a garage, carport, or
435 covered parking structure is converted to create an accessory
436 dwelling unit.
437 (e) Impose discretionary review or hearing standards, such
438 as requiring a conditional use approval or special exception to
439 construct an accessory dwelling unit, or other review standards
440 that do not apply generally to other housing in the same
441 district or zone.
442
443 A local government that is required by state law to limit the
444 number of new dwelling units within the local government’s
445 jurisdiction is not required to adopt an ordinance in accordance
446 with this subsection, but may adopt an ordinance to allow
447 accessory dwelling units in any area zoned for single-family
448 residential use.
449 (4) An application for a building permit to construct an
450 accessory dwelling unit must include an affidavit from the
451 applicant which attests that the unit will be rented at an
452 affordable rate to an extremely-low-income, very-low-income,
453 low-income, or moderate-income person or persons.
454 (5) Each accessory dwelling unit allowed by an ordinance
455 adopted under this section which provides affordable rental
456 housing shall apply toward satisfying the affordable housing
457 component of the housing element in the local government’s
458 comprehensive plan under s. 163.3177(6)(f).
459 (5) The owner of a property with an accessory dwelling unit
460 may not be denied a homestead exemption for those portions of
461 property on which the owner maintains a permanent residence
462 solely on the basis of the property containing an accessory
463 dwelling unit that is or may be rented to another person.
464 However, if the accessory dwelling unit is rented to another
465 person, the accessory dwelling unit must be assessed separately
466 from the homestead property and taxed according to its use.
467 Section 10. Subsection (1) of section 420.615, Florida
468 Statutes, is amended to read:
469 420.615 Affordable housing land donation density bonus
470 incentives.—
471 (1) A local government may provide density bonus incentives
472 pursuant to the provisions of this section to any landowner who
473 voluntarily donates fee simple interest in real property to the
474 local government for the purpose of assisting the local
475 government in providing affordable housing, including housing
476 that is affordable for military families receiving the basic
477 allowance for housing. Donated real property must be determined
478 by the local government to be appropriate for use as affordable
479 housing and must be subject to deed restrictions to ensure that
480 the property will be used for affordable housing.
481 Section 11. The Office of Program Policy Analysis and
482 Government Accountability (OPPAGA) shall evaluate the efficacy
483 of using mezzanine finance, or second-position short-term debt,
484 to stimulate the construction of owner-occupied housing that is
485 affordable as defined in s. 420.0004(3), Florida Statutes, in
486 this state. OPPAGA shall also evaluate the potential of tiny
487 homes in meeting the need for affordable housing in this state.
488 OPPAGA shall consult with the Florida Housing Finance
489 Corporation and the Shimberg Center for Housing Studies at the
490 University of Florida in conducting its evaluation. By December
491 31, 2027, OPPAGA shall submit a report of its findings to the
492 President of the Senate and the Speaker of the House of
493 Representatives. Such report must include recommendations for
494 the structuring of a model mezzanine finance program.
495 Section 12. This act shall take effect July 1, 2026.
496
497 ================= T I T L E A M E N D M E N T ================
498 And the title is amended as follows:
499 Delete everything before the enacting clause
500 and insert:
501 A bill to be entitled
502 An act relating to affordable housing; amending ss.
503 125.01055 and 166.04151, F.S.; requiring counties and
504 municipalities, respectively, to authorize certain
505 residential use on property owned by a county,
506 municipality, or school district under certain
507 circumstances; providing requirements for certain
508 proposed developments; specifying that certain
509 proposed developments may consist of an assemblage of
510 certain parcels; providing for the expiration of
511 certain provisions; prohibiting counties and
512 municipalities, respectively, from restricting the
513 height of certain proposed developments through other
514 dimensional means and from requiring certain setbacks
515 or stepbacks; revising the definitions of the terms
516 “commercial use” and “industrial use”; revising
517 applicability; providing retroactive applicability;
518 authorizing applicants for certain proposed
519 developments to notify the county or municipality, as
520 applicable, by a specified date of intent to proceed
521 under certain provisions; requiring counties and
522 municipalities to allow certain applicants to submit
523 revised applications, written requests, and notices of
524 intent to account for changes made by the act;
525 amending s. 333.03, F.S.; providing an exception to
526 the inapplicability of certain provisions; amending s.
527 760.22, F.S.; revising the definition of the term
528 “person”; amending s. 760.26, F.S.; revising a
529 prohibition on discriminatory practices in land use
530 decisions and in permitting of development to include
531 housing that is affordable; amending s. 760.35, F.S.;
532 waiving the state’s sovereign immunity for certain
533 causes of action based upon housing discrimination;
534 providing applicability; amending s. 163.31771, F.S.;
535 defining the term “primary dwelling unit”; requiring
536 local governments to adopt, by a specified date, an
537 ordinance to allow accessory dwelling units to be
538 approved in certain areas; requiring that such
539 ordinances apply prospectively; providing that such
540 ordinances may regulate specified actions; prohibiting
541 the inclusion of certain requirements or prohibitions
542 in such ordinances; providing an exception to the
543 requirement that local governments adopt such
544 ordinances; deleting a requirement that an application
545 for a building permit to construct an accessory
546 dwelling unit include a certain affidavit; revising
547 the accessory dwelling units that apply toward
548 satisfying a certain component of a local government’s
549 comprehensive plan; prohibiting the denial of a
550 homestead exemption for certain portions of property
551 on a specified basis; requiring that a rented
552 accessory dwelling unit be assessed separately from
553 the homestead property and taxed according to its use;
554 amending s. 420.615, F.S.; authorizing a local
555 government to provide a density bonus incentive to
556 landowners who make certain real property donations to
557 assist in the provision of affordable housing for
558 military families; requiring the Office of Program
559 Policy Analysis and Government Accountability to
560 evaluate the efficacy of using mezzanine finance and
561 the potential of tiny homes for specified purposes;
562 requiring the office to consult with certain entities;
563 requiring the office to submit a certain report to the
564 Legislature by a specified date; providing an
565 effective date.