Meeting Packet — Housing, Agriculture & Tourism Subcommittee, Florida House (March 25, 2025)
Summary
Meeting packet of the Housing, Agriculture & Tourism Subcommittee of the Florida House of Representatives Commerce Committee for Tuesday, March 25, 2025, 12:00 PM to 3:00 PM. The agenda lists HB 393, CS/HB 411, HB 701, HB 793 and HB 943. The bill analysis for HB 393 (My Safe Florida Condominium Pilot Program) states that the bill requires approval of at least 75 percent of unit owners rather than 100 percent, and that the maximum total grant award for roof and opening protection-related projects is $175,000 per association. The packet closes with a committee/subcommittee amendment to HB 943 (Amendment No. 5) and its title amendment.
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Housing, Agriculture & Tourism
Subcommittee
Tuesday, March 25, 2025
12:00 PM - 3:00 PM
Morris Hall (17 HOB)
Meeting Packet
Daniel Perez Michelle Salzman
Speaker Chair
The Florida House of Representatives
Commerce Committee
Housing, Agriculture & Tourism Subcommittee
Daniel Perez Michelle Salzman
Speaker Chair
Meeting Agenda
Tuesday, March 25, 2025
12:00 pm – 3:00 pm
Morris Hall (17 HOB)
I. Call to Order
II. Roll Call
III. Welcome and Opening Remarks
IV. Consideration of the following bill(s):
• HB 393 My Safe Florida Condominium Pilot Program by Lopez, V.,
Hunschofsky
• CS/HB 411 Affordable Property Ad Valorem Tax Exemption on Leased Land by
Ways & Means Committee, Chaney
• HB 701 Local Housing Assistance Plans by Stark, Berfield
• HB 793 Aerospace Innovation Funding by Kendall
• HB 943 Real Property and Land Use and Development by Lopez, V.
V. Closing Remarks
VI. Adjournment
214 House Office Building, 402 South Monroe Street, Tallahassee, Fl 32399-1300
(850) 717-4870
HB 393
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 393 COMPANION BILL: CS/SB 592 (Leek)
TITLE: My Safe Florida Condominium Pilot Program LINKED BILLS: None
SPONSOR(S): Lopez, V., Hunschofsky RELATED BILLS: None
Committee References
Housing, Agriculture & Tourism Budget Commerce
SUMMARY
Effect of the Bill:
The bill:
Amends the definition of “condominium” under the My Safe Florida Condominium Pilot Program (Program)
to exclude detached units on individual parcels of land;
Limits participation in the Program to condominiums that are three stories or more in height;
Requires that a building that is the subject of a Program mitigation grant must include at least one
residential unit;
Provides that only 75 percent of unit owners, rather than 100 percent of unit owners, must approve the
application for the grant;
Clarifies that all grants under the Program must be matched on the basis of $1 provided by the
condominium association for every $2 provided by the state towards the actual cost of the project;
Revises the amount that may be funded for roof-related and “opening protection-related” projects (which
include projects related to exterior doors, garage doors, windows, and skylights); and
Revises the roof-related improvements that are eligible for funding.
Fiscal or Economic Impact:
The bill has an indeterminate impact on the private sector.
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ANALYSIS
EFFECT OF THE BILL:
My Safe Florida Condominium Pilot Program
The bill makes changes to the My Safe Florida Condominium Pilot Program (Program). The bill:
Amends the definition of “condominium” to exclude detached units on individual parcels of land.
Limits participation in the Program to condominiums that are three stories or more in height and requires
that a structure or building that is subject of a mitigation grant must include at least one residential unit
within the structure or building. (Section 1.)
The bill requires the approval of at least 75 percent of all unit owners who reside within a structure or building
that is the subject of a mitigation grant, rather than approval of 100 percent of the unit owners. This requirement
replaces the current requirement to obtain unanimous approval. (Section 1.)
Grant Awards: Funding and Maximums
The bill clarifies that all grants under the Program must be matched on the basis of $1 provided by an association
for $2 provided by the state toward the actual cost of a project. (Section 1.)
STORAGE NAME: h0393.HAT
DATE: 3/21/2025
1
The bill eliminates the restrictions that limit grant contributions for a roof-related project to $11 per square foot
multiplied by the square footage of the replacement roof, not to exceed $1,000 per unit, with a maximum grant
award of 50 percent of the cost of the project. For opening protection-related projects, the bill eliminates the
limitation on grant contributions to a maximum grant award of $750 per replacement window or door, not to
exceed $1,500 per unit, with a maximum grant award of 50 percent of the cost of the project. (Section 1.)
The maximum total grant award for all roof and opening protection-related projects is $175,000 per association.
(Section 1.)
Roof-Related Improvements
The bill specifies that, when recommended by a hurricane mitigation inspection report, a grant for an eligible
association may be used for the following roof-related improvements for buildings with a pitched roof:
Reinforcing roof-to-wall connections.
Improving the strength of roof-deck attachments.
Providing secondary water resistance for the roof.
Replacing the roof-covering, if necessary, for any of the improvements listed above. (Section 1.)
For buildings with a flat roof, the bill specifies that an association must use a mitigation grant to install
improvements that both comply with or exceed the applicable building code in effect at the time the association
applied for the grant, and provide more hurricane protection than the improvements that the association
previously installed. (Section 1.)
The bill has an effective date of July 1, 2025. (Section 2.)
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
While the Program is subject to annual appropriations, the bill likely has no fiscal impact on state government. The
Program was funded in fiscal year 2024-2025 through a nonrecurring appropriation of $30 million from the
General Revenue Fund ($27,636,000 for grants; $600,000 for inspections; and $1,764,000 for operations and
administration).1 A request for a formal agency analysis was submitted to DFS on February 14, 2025.
PRIVATE SECTOR:
The bill limits which condominium associations may participate in the Program, but provides more flexibility to
condominium associations that participate in the Program.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
My Safe Florida Condominium Pilot Program
The Legislature created the My Safe Florida Condominium Pilot Program (Program) within the Department of
Financial Services (DFS) in 2024.2 The Program received a nonrecurring appropriation of $30 million from the
General Revenue Fund.3 The Program provides to condominium associations a program similar to that of the My
Safe Florida Home Program for single-family, detached residential properties and townhomes.4 Implementation of
the Program is subject to annual legislative appropriations.5
1 Line 2375 of the General Appropriations Act, ch. 2024-231, L.O.F.
2 Chapter 2024-108, L.O.F.
3 Line 2375 of the General Appropriations Act, ch. 2024-231, L.O.F. ($27,636,000 for grants; $600,000 for inspections; and
$1,764,000 for operations and administration).
4 See s. 215.5586, F.S.
5 Id.
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2
The Program supports eligible condominium associations by providing free inspections and grant funding for wind
mitigation improvements, which may have the added benefit of lowering wind insurance premiums. The Program
is limited to condominiums6 located in the “service area,” which is the area of the state within 15 miles inward of a
coastline.7
In its first report on the Program, DFS issued the following findings:
Tidal Basin was selected to run the Program on August 1, 2024.
The International Association of Certified Home Inspectors was selected on November 12, 2024, as the
inspection company to conduct the inspections.
Tidal Basin launched the Program’s online portal and allowed associations to begin completing applications
for inspections, but not grants, on November 14, 2024.
The online application portal opened on November 14, 2024, and closed on November 19, 2024, due to the
sufficiency of applications.
174 requests for inspections were received; 165 requests were approved.
The approval of grant awards depends on, and is waiting for, the completion of inspections.8
Condominium Associations and Unit Owners
To apply for an inspection of association or condominium property under the Program, the association must
receive approval by a majority vote of the board or a majority vote of the total voting interests of the association.9
To apply for a grant which improves one or unit units within a condominium, the association must receive both of
the following:
Approval by a majority vote of the board, or a majority vote of the total voting interests of the association,
to participate in a mitigation grant; and
A unanimous vote of all unit owners within the structure or building that is the subject of the mitigation
grant.10
Associations may vote to participate in the Program at an annual meeting or a unit owner meeting called for that
purpose.11 The association must provide unit owners with clear disclosure of the Program prior to taking a vote on
the issue.12 The president and treasurer of the board are required to sign the disclosure form indicating a copy of
the disclosure form was provided to each unit owner.13
Hurricane Mitigation Inspectors
Only a licensed inspector may perform inspections of a condominium property under the Program.14 The licensed
inspector must determine the mitigation measures that are needed, the insurance premium discounts that may be
6 For purposes of the Program, “condominium” is currently defined as that form of ownership of real property created
pursuant to the Florida Condominium Act, ch. 718, F.S., which is comprised entirely of units that may be owned by one or more
persons, and in which there is, appurtenant to each unit, an undivided share in common elements. Ss. 215.55871(1)(d) and
718.103(12), F.S.
7 “Coastline” means the line of mean low water along the portion of the coast that is in direct contact with the open sea and the
line marking the seaward limit of inland waters, as determined under the Convention on Territorial Seas and the Contiguous
Zone, 15 U.S.T. (Pt. 2) 1606. S. 376.031(4)
8 Email from Morgan Husbands, Deputy Director of Policy, Department of Financial Services, RE: My Safe Florida Condominium
Pilot Activities Report (Jan. 30, 2025).
9 S. 215.55871(2)(a), F.S.
10 S. 215.55871(2)(b), F.S.
11 S. 215.55871(2)(d), F.S.
12 Id.
13 Id.
14 S. 215.55871(3), F.S.
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3
available, and identify which improvements may be taken to mitigate hurricane damage.15 DFS must contract with
wind certification entities to provide the inspections.16 Eligible wind certification entities must, at a minimum:
Use inspectors who are licensed or certified as:
o A building inspector under s. 468.607, F.S.;17
o A general, building, or residential contractor under s. 489.111, F.S.;18
o A professional engineer under s. 471.015, F.S.;19
o A professional architect under s. 481.213, F.S.;20 or
o A home inspector under s. 468.8314, F.S.,21 who has completed at least three hours of hurricane
mitigation training approved by the Construction Industry Licensing Board,22 which must include
hurricane mitigation techniques, compliance with the uniform mitigation verification form, and
completion of a proficiency exam;
Use inspectors who have undergone drug testing and a background screening that includes submission and
processing of fingerprints; and
Provide a quality assurance program, including a reinspection component.23
Hurricane Mitigation Inspections
Hurricane mitigation inspections provided to a condominium association, must, at a minimum, include:
An inspection of the property, and a report that summarizes the results of the inspection and identifies
recommended improvements the association may take to mitigate hurricane damage;
A range of cost estimates regarding the recommended mitigation improvements; and
Information regarding estimated insurance premium discounts, correlated to the current mitigation
features and the recommended mitigation improvements identified by the inspection.24
An application for an inspection must contain a signed or electronically verified statement, made under penalty of
perjury by a board’s president, that the association has submitted only a single application for each property that
the association operates or maintains.25 An association may apply for and receive an inspection without also
applying for a grant.26
Mitigation Grants
Grants must be used by associations to make improvements recommended by an inspection which increases the
condominium property’s resistance to hurricane damage.27 An application for a grant must:
Contain a signed or electronically verified statement made under penalty of perjury by the president of the
board that the association has submitted only a single application for each property that the association
operates or maintains;
Include a notarized statement from the president that contains the name and license number of the
contractor it intends to use for the mitigation project; and
15 S. 215.55871(3)(a), F.S.
16 S. 215.55871(3)(b), F.S.
17 Section 468.607, F.S., relates to certification of building code administration and inspection personnel.
18 Section 489.111, F.S., relates to licensure by examination for certain contractors, including, but not limited to, residential
contractors, building contractors, air-conditioning contractors, and swimming pool servicing contractors.
19 Section 471.015, F.S., relates to licensure of engineers.
20 Section 481.213, F.S., relates to licensure of architects and interior designers.
21 Section 468.8314, F.S., relates to licensure of home inspectors.
22 The Construction Industry Licensing Board, housed within the Department of Business and Professional Regulation, is
responsible for licensing and regulating the construction industry in Florida. See Department of Business and Professional
Regulation, Construction Industry, https://www2.myfloridalicense.com/construction-industry/ (last visited Mar. 19, 2025).
See also s. 489.107, F.S.
23 S. 215.5587(3)(b), F.S.
24 S. 215.55871(4)(a), F.S.
25 S. 215.55871(4)(b), F.S.
26 S. 215.55871(4)(c), F.S.
27 S. 215.55871(5), F.S.
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4
Include a notarized statement from the president which commits to DFS that the association will complete
the mitigation improvements. If the grant will be used to improve units, the application must also include
an acknowledged statement from each unit owner who is required to provide approval for a grant.28
An association may select its own contractor for the mitigation project as long as the contractor meets all
qualification, certification, or licensing requirements under current law.29 A mitigation project must be performed
by a properly licensed contractor who has secured all local permits required for the project.30 DFS must
electronically verify that the contractor’s state license number is accurate and up to date before approving a grant
application.31
All grants must be matched on the basis of $1 provided by the association for two dollars provided by the state.32
An association may receive grant funds for both roof-related and opening protection-related projects, but the total
grant award may not exceed $175,000 per association.33 The maximum grant contributions are as follows:
For roof-related projects, $11 per square foot multiplied by the square footage of the replacement roof, not
to exceed $1,000 per unit, with a maximum grant award of 50 percent of the cost of the project.
For opening protection-related34 projects, $750 per replacement window or door, not to exceed $1,500 per
unit, with a maximum grant award of 50 percent of the cost of the project.35
An association awarded a grant must complete the entire mitigation project in order to receive the final grant
award, and must agree to make the property available for a final inspection once the mitigation project is
completed.36 The mitigation project must be completed in a manner consistent with the intent of the Program and
must meet or exceed applicable Florida Building Code requirements.37 The association must submit a request to
DFS for a final inspection, or request an extension of time, within one year after receiving grant approval;
otherwise the application is deemed abandoned and the grant money reverts back to DFS.38
When recommended by a hurricane mitigation inspection report, grants may be used for the following
improvements:
Opening protection, including exterior doors, garage doors, windows, and skylights;
Reinforcing roof-to-wall connections;
Improving the strength of roof-deck attachments; and
Secondary water barrier for roof.39
If improvements to protect the property which complied with the current applicable building code at the time have
been previously installed, the association must use a mitigation grant to install improvements that do both of the
following:
Comply with or exceed the applicable building code in effect at the time the association applied for the
grant; and
Provide more protection than the improvements that the association previously installed.40
The association may not use a mitigation grant to:
Install the same type of improvements that were previously installed; or
28 S. 215.55871(5)(a), F.S.
29 S. 215.55871(5)(b), F.S.
30 Id.
31 Id.
32 S. 215.55871(5)(d)1., F.S.
33 S. 215.55871(5)(d)4., F.S.
34 Opening protection includes exterior doors, garage doors, windows, and skylights. S. 215.55871(5)(3)1., F.S.
35 S. 215.55871(5)(d)2.-3., F.S.
36 S. 215.55871(5)(c), F.S.
37 Id.
38 Id.
39 S. 215.55871(5)(e), F.S.
40 S. 215.55871(5)(g)1., F.S.
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Pay a deductible for a pending insurance claim for damage that is part of the property for which grant
funds are being received.41
Contract Management
DFS is charged with developing a process that ensures the most efficient means to collect and verify eligibility for
grant applications, and may direct hurricane mitigation inspectors to collect and verify grant application
information or use the internet or other electronic means to collect information and determine eligibility.42 DFS
may contract with third parties for grant management, inspection services, contractor services, information
technology, educational outreach, and auditing services.43 Such contracts are:
Considered direct costs of the Program and are not subject to administrative cost limits.44
Must be with providers that have a demonstrated record of successful business operations in areas directly
related to the services to be provided and must ensure the highest accountability for use of state funds.45
DFS is required to implement a quality assurance and reinspection program that determines whether initial
inspections and mitigation improvements are completed in a manner consistent with the intent of the Program.46
DFS may use a valid random sampling in order to perform the quality assurance portion of the Program.47
Reports
By February 1 of each year, DFS must submit a report to the President of the Senate and the Speaker of the House
of Representatives on the activities of the Program and the use of state funds.48 The report must include:
The number of inspections requested;
The number of inspections performed;
The number of grant applications received;
The number of grants approved and the monetary value of each grant;
The estimated average annual amount of insurance premium discounts each association received and the
total estimated annual amount of insurance premium discounts received by all associations participating in
the Program; and
The estimated average annual amount of insurance premium discounts each unit owner received as a
result of the improvements to the building or structure.49
RECENT LEGISLATION:
YEAR BILL # HOUSE SPONSOR(S) SENATE SPONSOR OTHER INFORMATION
2024 CS/CS/CS/HB Lopez, V., Hunschofsky DiCeglie Approved by Governor.
1029 Created the My Safe Florida
Condominium Pilot Program.
OTHER RESOURCES:
My Safe Florida Condominium Pilot Program
41 S. 215.55871(5)(g)2., F.S.
42 S. 215.55871(5)(h), F.S.
43 S. 215.55871(6)(a), F.S.
44 Id.
45 Id.
46 S. 215.55871(6)(b), F.S.
47 Id.
48 S. 215.55871(7), F.S.
49 Id.
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6
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Housing, Agriculture & Tourism Curtin Fletcher
Subcommittee
Budget Committee
Commerce Committee
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7
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 393 2025
1 A bill to be entitled
2 An act relating to the My Safe Florida Condominium
3 Pilot Program; amending s. 215.55871, F.S.; revising
4 the definition of the term "condominium"; limiting
5 participation in the My Safe Florida Condominium Pilot
6 Program to certain condominiums; revising the approval
7 requirements to receive a mitigation grant; removing
8 the amount of grant funding for certain projects;
9 revising the improvements for which a grant may be
10 used; providing an effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Paragraphs (a) through (d) of subsection (2) of
15 section 215.55871, Florida Statutes, are redesignated as
16 paragraphs (b) through (e), respectively, paragraph (d) of
17 subsection (1), present paragraph (b) of subsection (2), and
18 subsection (5) are amended, and a new paragraph (a) is added to
19 subsection (2) of that section, to read:
20 215.55871 My Safe Florida Condominium Pilot Program.—There
21 is established within the Department of Financial Services the
22 My Safe Florida Condominium Pilot Program to be implemented
23 pursuant to appropriations. The department shall provide fiscal
24 accountability, contract management, and strategic leadership
25 for the pilot program, consistent with this section. This
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26 section does not create an entitlement for associations or unit
27 owners or obligate the state in any way to fund the inspection
28 or retrofitting of condominiums in the state. Implementation of
29 this pilot program is subject to annual legislative
30 appropriations. It is the intent of the Legislature that the My
31 Safe Florida Condominium Pilot Program provide licensed
32 inspectors to perform inspections for and grants to eligible
33 associations as funding allows.
34 (1) DEFINITIONS.—As used in this section, the term:
35 (d) "Condominium" has the same meaning as in s. 718.103.
36 For purposes of this section, the term does not include detached
37 units on individual parcels of land.
38 (2) PARTICIPATION.—
39 (a) Participation in the pilot program is limited to
40 condominiums that are three stories or more in height and the
41 structure or building that is the subject of the mitigation
42 grant must include at least one residential unit within such
43 structure or building.
44 (c)(b) In order to apply for a grant under subsection (5)
45 which improves one or more units within a condominium, an
46 association must receive both of the following:
47 1. Approval by a majority vote of the board of
48 administration or a majority vote of the total voting interests
49 of the association to participate in a mitigation inspection.
50 2. Approval by at least 75 percent A unanimous vote of all
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51 unit owners who reside within the structure or building that is
52 the subject of the mitigation grant.
53 (5) MITIGATION GRANTS.—Financial grants may be used by
54 associations to make improvements recommended in a hurricane
55 mitigation inspection report which increase the condominium's
56 resistance to hurricane damage.
57 (a) An application for a mitigation grant must:
58 1. Contain a signed or electronically verified statement
59 made under penalty of perjury by the president of the board of
60 administration that the association has submitted only a single
61 application for each property that the association operates or
62 maintains.
63 2. Include a notarized statement from the president of the
64 board of administration containing the name and license number
65 of each contractor the association intends to use for the
66 mitigation project.
67 3. Include a notarized statement from the president of the
68 board of administration which commits to the department that the
69 association will complete the mitigation improvements. If the
70 grant will be used to improve units, the application must also
71 include an acknowledged statement from each unit owner who is
72 required to provide approval for a grant under paragraph (2)(c)
73 (2)(b).
74 (b) An association may select its own contractors for the
75 mitigation project as long as each contractor meets all
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76 qualification, certification, or licensing requirements in
77 general law. A mitigation project must be performed by a
78 properly licensed contractor who has secured all required local
79 permits necessary for the project. The department must
80 electronically verify that the contractor's state license number
81 is accurate and up to date before approving a grant application.
82 (c) An association awarded a grant must complete the
83 entire mitigation project in order to receive the final grant
84 award and must agree to make the property available for a final
85 inspection once the mitigation project is finished to ensure the
86 mitigation improvements are completed in a manner consistent
87 with the intent of the pilot program and meet or exceed the
88 applicable Florida Building Code requirements. Construction must
89 be completed and the association must submit a request to the
90 department for a final inspection, or request an extension of
91 time, within 1 year after receiving grant approval. If the
92 association fails to comply with this paragraph, the application
93 is deemed abandoned and the grant money reverts back to the
94 department.
95 (d) Grant projects shall be funded as follows:
96 1. All grants must be matched on the basis of $1 provided
97 by the association for $2 provided by the state toward the
98 actual cost of the project.
99 2. For roof-related projects, the grant contribution is
100 $11 per square foot multiplied by the square footage of the
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101 replacement roof, not to exceed $1,000 per unit, with a maximum
102 grant award of 50 percent of the cost of the project.
103 3. For opening protection-related projects, the grant
104 contribution is a maximum of $750 per replacement window or
105 door, not to exceed $1,500 per unit, with a maximum grant award
106 of 50 percent of the cost of the project.
107 2.4. An association may receive grant funds for both roof-
108 related and opening protection-related projects, but the maximum
109 total grant award may not exceed $175,000 per association.
110 3.5. The department may not accept grant applications or
111 maintain a waiting list for grants after the cumulative value of
112 the grants awarded have fully obligated the appropriation,
113 unless otherwise expressly authorized by the Legislature.
114 (e) When recommended by a hurricane mitigation inspection
115 report, grants for eligible associations may be used for the
116 following improvements:
117 1. Opening protection, including exterior doors, garage
118 doors, windows, and skylights.
119 2. Roof-related improvements, as follows:
120 a. For buildings with a pitched roof:
121 (I)2. Reinforcing roof-to-wall connections.
122 (II)3. Improving the strength of roof-deck attachments.
123 (III)4. Providing secondary water resistance for the roof.
124 (IV) Replacing the roof covering, if necessary, for any of
125 the improvements listed in sub-sub-subparagraphs (I)-(III).
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126 b. For buildings with a flat roof,
127 (f) Grants may be used for a previously inspected existing
128 structure on the property.
129 (g)1. if improvements to protect the property that which
130 complied with the current applicable building code at the time
131 have been previously installed, the association must use a
132 mitigation grant to install improvements that do both of the
133 following:
134 (I)a. Comply with or exceed the applicable building code
135 in effect at the time the association applied for the grant.
136 (II)b. Provide more hurricane protection than the
137 improvements that the association previously installed.
138 (f)2. The association may not use a mitigation grant to:
139 1.a. Install the same type of improvements that were
140 previously installed; or
141 2.b. Pay a deductible for a pending insurance claim for
142 damage that is part of the property for which grant funds are
143 being received.
144 (g)(h) The department shall develop a process that ensures
145 the most efficient means to collect and verify inspection and
146 grant applications to determine eligibility. The department may
147 direct hurricane mitigation inspectors to collect and verify
148 inspection and grant application information or use the Internet
149 or other electronic means to collect information and determine
150 eligibility.
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151 Section 2. This act shall take effect July 1, 2025.
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HOUSING, AGRICULTURE, AND TOURISM SUBCOMMITTEE
HB 393 by Reps. Lopez, V. and Hunschofsky
Relating to My Safe Florida Condominium Pilot Program
AMENDMENT SUMMARY
March 25, 2025
Amendment 1 by Rep. Lopez, V. (Strike-All): The amendment:
• Prohibits associations that have failed to comply with the milestone inspection or SIRS
requirements from participating in the My Safe Florida Condominium Pilot Program;
• Makes the replacement of roof coverings eligible for funding; and
• Requires all improvements to be identified in the final hurricane mitigation inspection in
order to receive grant funds.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 393 (2025)
Amendment No. 1
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Housing, Agriculture &
2 Tourism Subcommittee
3 Representative Lopez, V. offered the following:
4
5 Amendment (with title amendment)
6 Remove everything after the enacting clause and insert:
7 Section 1. Paragraph (d) of subsection (1), paragraphs (a)
8 and (b) of subsection (2), and paragraphs (d) through (h) of
9 subsection (5) of section 215.55871, Florida Statutes, are
10 amended to read:
11 215.55871 My Safe Florida Condominium Pilot Program.—There
12 is established within the Department of Financial Services the
13 My Safe Florida Condominium Pilot Program to be implemented
14 pursuant to appropriations. The department shall provide fiscal
15 accountability, contract management, and strategic leadership
16 for the pilot program, consistent with this section. This
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 393 (2025)
Amendment No. 1
17 section does not create an entitlement for associations or unit
18 owners or obligate the state in any way to fund the inspection
19 or retrofitting of condominiums in the state. Implementation of
20 this pilot program is subject to annual legislative
21 appropriations. It is the intent of the Legislature that the My
22 Safe Florida Condominium Pilot Program provide licensed
23 inspectors to perform inspections for and grants to eligible
24 associations as funding allows.
25 (1) DEFINITIONS.—As used in this section, the term:
26 (d) "Condominium" has the same meaning as in s. 718.103.
27 For purposes of this section, the term does not include detached
28 units on individual parcels of land.
29 (2) PARTICIPATION.—
30 (a) In order to apply for an inspection under subsection
31 (4) or a grant under subsection (5) for association property or
32 condominium property, an association must receive approval by a
33 majority vote of the board of administration or a majority vote
34 of the total voting interests of the association to participate
35 in the pilot program. A condominium association may not apply
36 for an inspection under subsection (4) or a grant under
37 subsection (5) for association property or condominium property
38 unless the windows of the association property or condominium
39 property are established as common elements in the declaration
40 and the association has complied with the inspection
41 requirements in ss. 553.899 and 718.112(2)(g) and (h).
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 393 (2025)
Amendment No. 1
42 (b) In order to apply for a grant under subsection (5)
43 which improves one or more units within a condominium, an
44 association must receive both of the following:
45 1. Approval by a majority vote of the board of
46 administration or a majority vote of the total voting interests
47 of the association to participate in a mitigation inspection.
48 2. Approval by at least 75 percent A unanimous vote of all
49 unit owners who reside within the structure or building that is
50 the subject of the mitigation grant.
51 (5) MITIGATION GRANTS.—Financial grants may be used by
52 associations to make improvements recommended in a hurricane
53 mitigation inspection report which increase the condominium's
54 resistance to hurricane damage.
55 (d) Grant projects shall be funded as follows:
56 1. All grants must be matched on the basis of $1 provided
57 by the association for $2 provided by the state toward the
58 actual cost of the project.
59 2. For roof-related projects, the grant contribution is
60 $11 per square foot multiplied by the square footage of the
61 replacement roof, not to exceed $1,000 per unit, with a maximum
62 grant award of 50 percent of the cost of the project.
63 3. For opening protection-related projects, the grant
64 contribution is a maximum of $750 per replacement window or
65 door, not to exceed $1,500 per unit, with a maximum grant award
66 of 50 percent of the cost of the project.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 393 (2025)
Amendment No. 1
67 2.4. An association may receive grant funds for both roof-
68 related and opening protection-related projects, but the maximum
69 total grant award may not exceed $175,000 per association.
70 3.5. The department may not accept grant applications or
71 maintain a waiting list for grants after the cumulative value of
72 the grants awarded have fully obligated the appropriation,
73 unless otherwise expressly authorized by the Legislature.
74 (e) When recommended by a hurricane mitigation inspection
75 report, grants for eligible associations may be used for the
76 following improvements:
77 1. Opening protection improvements, including all of the
78 following:
79 a. Exterior doors.,
80 b. Garage doors.,
81 c. Windows., and
82 d. Skylights.
83 2. Roof improvements, including all of the following:
84 a. Reinforcing roof-to-wall connections.
85 b.3. Improving the strength of roof-deck attachments.
86 c.4. Installing secondary water resistance for the roof.
87 d. Replacing the roof covering.
88 (f) Improvements must be identified in the final hurricane
89 mitigation inspection in order for an association to receive
90 grant funds Grants may be used for a previously inspected
91 existing structure on the property.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 393 (2025)
Amendment No. 1
92 (g)1. If improvements to protect the property that which
93 complied with the current applicable building code at the time
94 have been previously installed, the association must use a
95 mitigation grant to install improvements that do both of the
96 following:
97 1.a. Comply with or exceed the applicable building code in
98 effect at the time the association applied for the grant.
99 2.b. Provide more hurricane protection than the
100 improvements that the association previously installed.
101 (h)2. The association may not use a mitigation grant to:
102 1.a. Install the same type of improvements that were
103 previously installed; or
104 2.b. Pay a deductible for a pending insurance claim for
105 damage that is part of the property for which grant funds are
106 being received.
107 (i)(h) The department shall develop a process that ensures
108 the most efficient means to collect and verify inspection and
109 grant applications to determine eligibility. The department may
110 direct hurricane mitigation inspectors to collect and verify
111 inspection and grant application information or use the Internet
112 or other electronic means to collect information and determine
113 eligibility.
114 Section 2. This act shall take effect upon becoming a law.
115
116 -----------------------------------------------------
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 393 (2025)
Amendment No. 1
117 T I T L E A M E N D M E N T
118 Remove everything before the enacting clause and insert:
119 A bill to be entitled
120 An act relating to the My Safe Florida Condominium
121 Pilot Program; amending s. 215.55871, F.S.; revising
122 the definition of the term "condominium"; prohibiting
123 a condominium association from applying for a
124 hurricane mitigation inspection or a mitigation grant
125 under the My Safe Florida Condominium Pilot Program
126 unless certain association property or condominium
127 property is established as a common element and the
128 association has complied with specified requirements;
129 revising the approval requirements to apply for a
130 mitigation grant; removing the amount of grant funding
131 for certain projects; revising the improvements for
132 which a grant may be used; requiring improvements to
133 be identified in the final hurricane mitigation
134 inspection in order for an association to receive
135 grant funding; providing an effective date.
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CS/HB 411
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/HB 411 COMPANION BILL: SB 488 (DiCeglie)
TITLE: Affordable Property Ad Valorem Tax Exemption LINKED BILLS: None
for Leased Land RELATED BILLS: None
SPONSOR(S): Chaney
Committee References
Ways & Means Housing, Agriculture & Tourism Commerce
17 Y, 0 N, As CS
SUMMARY
Effect of the Bill:
The bill expands the existing ad valorem (property tax) exemption for nonprofit charities found in s.
-
I196.1978(1)(b), F.S. The exemption will now apply to nonprofit charities that lease land used for affordable
housing from a housing finance authority, and then sublease the property for 99 years for the purpose of providing
affordable housing, rather than requiring the nonprofit to own the property directly.
The bill provides emergency rulemaking authority to the Department of Revenue to implement the provisions of
the bill.
The bill is effective January 1, 2026, and first applies to the 2026 tax roll.
Fiscal or Economic Impact:
The Revenue Estimating Conference estimated that the bill will have an insignificant negative impact on local
government revenue.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
Unless otherwise exempted, all property in Florida is subject to ad valorem taxes imposed by local governments in
accordance with the Florida Constitution and Florida Statutes. The bill modifies an exemption for charitable use of
property for affordable housing (the “nonprofit land lease exemption”) in s. 196.1978(1)(b), F.S., which provides
an exemption for nonprofit corporations which:
Are 501(C)(3) charities,
Own land that they lease to natural persons or families for 99 years to provide affordable housing to
persons meeting income limitations set in statute for extremely-low income, very-low-income, low income,
or moderate-income persons.
The exemption will now also apply to a nonprofit, 501(c)(3) charity that leases land used for affordable housing
from a housing finance authority, and then subleases such property for 99 years for the purpose of providing
affordable housing to persons within the restricted income limitations. (Section 1) Allowing the exemption for a
charity that does not own the property outright, but instead leases it from a housing finance authority, may expand
the pool of charities that can use this exemption.
The bill provides emergency rulemaking authority to the Department of Revenue to implement the provisions of
the bill. (Section 2)
The bill is effective January 1, 2026 (Section 4), and first applies to the 2026 tax roll (Section 3).
RULEMAKING:
STORAGE NAME: h0411b.HAT
DATE: 3/21/2025
1
The bill provides the Department of Revenue with emergency rulemaking authority to implement the provisions of
the bill. (Section 2)
Lawmaking is a legislative power; however, the Legislature may delegate a portion of such power to executive
branch agencies to create rules that have the force of law. To exercise this delegated power, an agency must
have a grant of rulemaking authority and a law to implement.
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The Revenue Estimating Conference has estimated that this bill will have no impact on state revenues.
LOCAL GOVERNMENT:
The Revenue Estimating Conference has estimated that this bill will have an insignificant negative impact on local
government revenue.1
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Ad Valorem Taxation
The Florida Constitution reserves to local governments the authority to levy ad valorem taxes on real and tangible
personal property.2 Ad valorem taxes are levied annually by counties, cities, school districts, and some special
districts based on the value of real and tangible personal property as of January 1 of each year.3 The Florida
Constitution requires that all property be assessed at just value for ad valorem tax purposes,4 and provides for
specified assessment limitations, property classifications, and exemptions.5 After the property appraiser considers
any assessment limitation or use classification affecting the just value of a parcel of real property, an assessed
value is produced. The assessed value is then reduced by any exemptions to produce the taxable value.6
Ad Valorem Exemption for Literary, Scientific, Religious, or Charitable Organizations
The Florida Constitution allows the Legislature to exempt from ad valorem taxation portions of property that are
used predominantly for educational, literary, scientific, religious, or charitable purposes.7 The Legislature has
implemented these exemptions and set forth criteria to determine whether property is entitled to an exemption.8
To determine whether a property’s use qualifies for an education, literary, scientific, religious, or charitable
exemption, the property appraiser must consider the nature and extent of the qualifying activity compared to other
activities or other uses of the property.9
1 Revenue Estimating Conference workpapers for HB 411 (2025), adopted February 14, 2025, available at
https://edr.state.fl.us/Content/conferences/revenueimpact/archives/2025/_pdf/page27.pdf (last accessed March 14, 2025).
2 Art. VII, ss. 1(a), 9(a), Fla. Const.
3 S. 192.001(12), F.S., defines “real property” as land, buildings, fixtures, and all other improvements to land. The terms “land,” “real estate,”
“realty,” and “real property” may be used interchangeably. S. 192.001(11)(d), F.S., defines “tangible personal property” as all goods, chattels,
and other articles of value (but does not include the vehicular items enumerated in Art. VII, s. 1(b) of the Florida Constitution and elsewhere
defined) capable of manual possession and whose chief value is intrinsic to the article itself.
4 Art. VII, s. 4, Fla. Const.
5 Art. VII, ss. 3, 4, and 6, Fla. Const.
6 S. 196.031, F.S.
7 Art. VII, s. 3(a), Fla. Const.
8 S. 196.196, F.S.
9 S. 196.196(1), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
Incidental use of property for an exempt purpose does not qualify the property for an exemption nor does the
incidental use of the property for a non-exempt purpose impair an exemption.10
Property claimed as exempt which is used for profitmaking purposes is not exempt and is subject to ad valorem
taxation; however, the Legislature has allowed certain property to remain exempt even when used for
profitmaking purposes when the use of the property does not require a business or occupational license and the
revenue derived from the profitmaking activity is used wholly for exempt purposes, and with respect to certain
affordable housing provisions.11
Nonprofit Land Lease Exemption
In 2023, the Legislature amended s. 196.1978(1), F.S., to create an exemption in new paragraph (1)(b) for land
owned entirely by a nonprofit corporation that is a 501(c)(3) charity which is leased for at least 99 years for the
purpose of, and is predominantly used for, providing affordable housing for extremely-low-, very-low-, low-, or
moderate-income persons or families.12
In order to receive this exemption, the improvements on the land being used for affordable housing purposes must
encompass more than half the square footage of all improvements on the land.13 This exemption first applied to the
2024 tax roll and is repealed on December 31, 2059.14
Income Limitations for Affordable Housing Purposes
Florida statutes lay out separate income thresholds for different levels of affordable housing.15 These thresholds
are all based on the “adjusted gross income” of a household, which includes all wages, assets, contributions, and
gifts earned by or made to a household, adjusted for family size, less deductions allowable under the definition of
“adjusted gross income”16 for federal tax purposes.17
The most common categories used for affordable housing are:
Extremely-low-income:18 total annual household income does not exceed 30 percent of the median annual
adjusted gross income for households within the state.
Very-low-income:19 total annual household income does not exceed 50 percent of the median annual
adjusted gross income for households within the greatest of: the state, the metropolitan area where the
household resides, or, if not within a metropolitan area, then within the county in which the person or
family resides.
Low income:20 total annual household income does not exceed 80 percent of the median annual adjusted
gross income for households within the greatest of: the state, the metropolitan area where the household
resides, or, if not within a metropolitan area, then within the county in which the person or family resides.
10 S. 196.196(2), F.S. See also Underhill v. Edwards, 400 So.2d 129, 132 (Fla. 5th DCA 1981) (The district court found that trustees of a private
not-for profit hospital were not entitled to an exemption on the new wing's first floor, which was used for a private purpose and not for a
charitable purpose or other exempt purpose, despite the fact that the portion of the hospital used for a non-exempt purpose represented
only a very small percentage of the otherwise exempt property) and Central Baptist Church of Miami, Florida Incorporated v. Dade County,
Florida, et. al., 216 So.2d 4, 6 (Fla. 1968) (Florida Supreme Court found that “limited part time rental of a portion of the church lot for
commercial parking on weekday business hours is reasonably incidental to the primary use of the church property as a whole for church or
religious purposes and is not a sufficiently divergent commercial use that eliminates the exemption as to the commercial parking lot portion
of the property.”)
11 See s. 196.196(4), F.S. and s. 196.1978(3), F.S., e.g.
12 Section 8 of chapter 2023-17, L.O.F.
13 Section 196.1978(1)(b), F.S.
14 Id.
15 Section 420.0004(3), F.S.
16 26 U.S.C. s. 62
17 Section 420.004(2), F.S.
18 Section 420.004(9), F.S.
19 Section 420.004(17), F.S.
20 Section 420.004(11), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
Moderate income:21 total annual household income does not exceed 120 percent of the median annual
adjusted gross income for households within the greatest of: the state, the metropolitan area where the
household resides, or, if not within a metropolitan area, then within the county in which the person or
family resides.
Housing Finance Authorities
The Florida Housing Finance Authority Act (Act)22 was enacted in 1978 in response to shortages both of affordable
housing and capital for investment in such housing.23 The Act would encourage “investment by private enterprise
and (stimulate) construction and rehabilitation of housing through the use of public financing and…low cost
loans…”24 in part by authorizing local governments to issue obligations the interest on which would be exempt
from federal income taxation.25 Counties are authorized to create by ordinance a “Housing Finance Authority”
(HFA) to carry out the powers under the Act.26
Currently, there are 24 HFAs27 registered with the Special District Accountability Program28 in the Department of
Commerce. Each HFA is composed of a board of at least 5 members appointed by the governing body of the county
to serve 4-year terms.29 A majority of the members must be knowledgeable in the field of labor, finance, or
commerce.30 In addition to the usual authority of a public body corporate and politic,31 each HFA is authorized to:
Acquire and own real and personal property under specific conditions;32
Purchase, commit to purchase, make, or otherwise transact in mortgage loans and accompanying
promissory notes for the construction, purchase, reconstruction, or rehabilitation of qualified property;
however, sales proceeds must be reinvested in mortgage loans;33
Issue bonds to raise capital for qualified housing and development;34
Lend funds to lending institutions under terms requiring the proceeds be used for making new mortgages
for housing developments qualifying under the statute as affordable housing;35
Make loans directly to eligible persons who otherwise cannot borrow from conventional lending services,
such loans to be secured by mortgages on qualified property;36
Loan funds to not for profit corporations to develop affordable housing;37 and
Own, maintain, operate, control, and capitalize a savings and loan association with the limited purpose to
provide low cost loans and related services for eligible persons to obtain affordable housing.38
21 Section 420.004(12), F.S.
22 Ch. 78-89, s. 1, Laws of Fla., codified at ch. 159, Part IV, F.S.
23 Section 159.602(1), F.S.
24 Section 159.602(2), F.S.
25 Section 159.602(4), F.S.
26 Section 159.604(1), F.S.
27 The following counties have active HFAs: Alachua, Brevard, Broward, Collier, Duval (Jacksonville), Escambia, Clay,
Hillsborough, Lee, Leon, Manatee, Marion, Miami-Dade, Nassau, Orange, Osceola, Palm Beach, Pasco, Pinellas, Polk, St. Johns, St.
Lucie, Santa Rosa, Volusia. Florida Commerce, Customized List of Special Districts, Available at
https://specialdistrictreports.floridajobs.org/OfficialList/CustomList; running a report for “Housing Finance” (last visited
March 14, 2025).
28 Information about the accountability program is available at https://www.floridajobs.org/community-planning-and-
development/special-districts/special-district-accountability-program (last visited March 14, 2025).
29 Section 159.605(1), F.S.
30 Id.
31 Including the power to sue and be sued, to enter into contracts and execute instruments necessary to the exercise of its powers, to
receive and deposit funds. See s. 159.608, F.S.
32 Section 159.608(2), F.S., which requires that “no less than 50 percent of the units owned by a housing finance authority shall
benefit very-low-income families or low-income families.”
33 Section 159.608(3), F.S.
34 Section 159.608(4), F.S.
35 Section 159.608(5), F.S.
36 Section 159.608(6), F.S.
37 Section 159.608(10)(a), F.S.
38 Section 159.608(9), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
It appears at least one HFA in Florida currently supports affordable housing through long term leases to nonprofit
entities that sublease affordable housing projects to low income families. 39
RECENT LEGISLATION:
YEAR BILL # HOUSE SPONSOR(S) SENATE SPONSOR OTHER INFORMATION
2023 CS/SB 102 Busatta Calatayud Became law July 1, 2023;
relevant provision was
effective January 1, 2024.
OTHER RESOURCES:
Florida’s Affordable Housing Property Tax Exemptions (Florida Housing Finance Corporation Publication)
Affordable Housing Property Exemption – Nonprofit Land Lease (Department of Revenue Publication)
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Ways & Means Committee 17 Y, 0 N, As CS Aldridge Berg
THE CHANGES ADOPTED BY THE Added emergency rulemaking authority for the Department of
COMMITTEE: Revenue,
Clarified that changes made by the bill apply to the 2026 tax roll, and
Changed the effective date of the bill from July 1, 2025, to January 1,
2026.
Housing, Agriculture & Tourism Curtin Rodriguez
Subcommittee
Commerce Committee
-------------------------------------------------------------------------------------------------------------------------------------
THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
-------------------------------------------------------------------------------------------------------------------------------------
39 See, e.g.
Staff Report re: Affordable Housing development by Habitat for Humanity of Pinellas County from February 25,
2025, available at: https://pinellas.legistar.com/ViewReport.ashx?M=R&N=Text&GID=532&ID=6077086&GUID=5FCC7875-
5E0A-4E71-AAFD-AB95B7EE565E&Title=Staff+Report (last visited March 14, 2025) and Meeting Minutes of Housing Finance
Authority of Pinellas County from June 1, 2022, providing for, inter alia, an amendment to a ground lease from the HFA to
Habitat for Humanity, available at https://pinellas.gov/wp-content/uploads/2022/12/6.1.22-HFA-Agenda-Minutes.pdf (last
visited March 14, 2025).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
CS/HB 411 2025
1 A bill to be entitled
2 An act relating to affordable property ad valorem tax
3 exemption for leased land; amending s. 196.1978, F.S.;
4 authorizing certain leased land to qualify for a
5 specified ad valorem tax exemption; authorizing the
6 Department of Revenue to adopt emergency rules;
7 providing applicability; providing an effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Paragraph (b) of subsection (1) of section
12 196.1978, Florida Statutes, is amended to read:
13 196.1978 Affordable housing property exemption.—
14 (1)
15 (b) Land that is owned entirely , or is leased from a
16 Housing Finance Authority pursuant to part IV of chapter 159, by
17 a nonprofit entity that is a corporation not for profit,
18 qualified as charitable under s. 501(c)(3) of the Internal
19 Revenue Code and in compliance with Rev. Proc. 96-32, 1996-1
20 C.B. 717, and is leased for a minimum of 99 years for the
21 purpose of, and is predominantly used for, providing housing to
22 natural persons or families meeting the extremely-low-income,
23 very-low-income, low-income, or moderate-income limits specified
24 in s. 420.0004 is exempt from ad valorem taxation. For purposes
25 of this paragraph, land is predominantly used for qualifying
Page 1 of 2
CODING: Words stricken are deletions; words underlined are additions.
hb411-01-c1
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
CS/HB 411 2025
26 purposes if the square footage of the improvements on the land
27 used to provide qualifying housing is greater than 50 percent of
28 the square footage of all improvements on the land. This
29 paragraph first applies to the 2024 tax roll and is repealed
30 December 31, 2059.
31 Section 2. The Department of Revenue may, and all
32 conditions are deemed met to, adopt emergency rules pursuant to
33 s. 120.54(4), Florida Statutes, for the purpose of implementing
34 s. 196.1978(1)(b), Florida Statutes, as amended by this act.
35 Notwithstanding any other law, emergency rules adopted pursuant
36 to this section are effective for 6 months after adoption and
37 may be renewed during the pendency of procedures to adopt
38 permanent rules addressing the subject of the emergency rules.
39 Section 3. The amendment to s. 196.1978, Florida Statutes,
40 made by this act first applies to the 2026 tax roll.
41 Section 4. This act shall take effect January 1, 2026.
Page 2 of 2
CODING: Words stricken are deletions; words underlined are additions.
hb411-01-c1
HB 701
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 701 COMPANION BILL: SB 1714 (Burton)
TITLE: Local Housing Assistance Plans LINKED BILLS: None
SPONSOR(S): Stark RELATED BILLS: None
Committee References
Housing, Agriculture & Tourism Intergovernmental Affairs Commerce
SUMMARY
Effect of the Bill:
The bill revises the State Housing Incentives Partnership Program (SHIP) to:
Include on the list of persons with special housing needs persons who own a mobile home.
Require local housing authorities to provide lot rental assistance to persons who own mobile homes.
Prohibit distinguishing between types of housing when awarding SHIP funds.
Fiscal or Economic Impact:
The bill may have a negative fiscal impact on the Local Government Housing Trust Fund.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill includes on the list of persons with special housing needs under the State Housing Initiatives Partnership
Program (SHIP) persons who own mobile homes placed in mobile home parks. (Section 1).
The bill also allows local housing assistance plans to provide lot rental assistance for persons who own mobile
homes placed in mobile home parks. The bill requires each local government participating in the SHIP program to
include in its local housing assistance plan funds for lot rental assistance. (Section 1).
The bill requires that for the funds from the local housing distribution reserved for home ownership for eligible
persons, such funds for persons who own mobile homes placed in mobile home parks must be used for lot rental
assistance. The bill also includes that funds reserved for construction, rehabilitation, or emergency repair are
available for such mobile homes. (Section 1).
The bill eliminates the prohibition on more than 20 percent of the funds being distributed for manufactured
housing and prohibits participating local governments from discriminating based on type of housing when
awarding SHIP funds. (Section 1).
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill may have a negative fiscal impact on the Local Government Housing Trust Fund. A request for a formal
agency analysis was submitted to the Florida Housing Finance Corporation on February 27, 2025.
STORAGE NAME: h0701.HAT
DATE: 3/21/2025
1
RELEVANT INFORMATION
SUBJECT OVERVIEW:
State Housing Initiatives Partnership Program (SHIP)
SHIP was created in 19921 to provide funds to local governments as an incentive to create partnerships that
produce and preserve affordable homeownership and multifamily housing. SHIP provides funds to all 67 counties
and 55 community development block grant2 entitlement cities on a population-based formula to finance and
preserve affordable housing based on locally adopted housing plans.3
SHIP is administered by the Florida Housing Finance Corporation (FHFC)4 and was designed to serve very low, low,
and moderate-income families. “Very-low income persons” means one or more persons or a family, not including
students, whose total annual adjusted gross household income does not exceed 50 percent of the median annual
adjusted gross income for households within the state, or 50 percent of the median annual adjusted gross income
for households within the metropolitan statistical area (MSA) or, if not within an MSA, within the county in which
the person or family resides, whichever is greater. For “low-income persons,” the statutory threshold is 80 percent,
and for “moderate-income persons,” it is 120 percent.5
SHIP funds may be used to pay for emergency repairs, new construction, rehabilitation, down payment and closing
cost assistance, impact fees, construction and gap financing, mortgage buy-downs, acquisition of property for
affordable housing, matching dollars for federal housing grants and programs, and homeownership counseling.6
Funds are expended per each local government’s adopted Local Housing Assistance Plan (LHAP), which details the
housing strategies it will use.7 Local governments submit their LHAPs to FHFC for review to ensure they meet the
broad statutory guidelines and the requirements of the program rules. FHFC must approve an LHAP before a local
government may receive SHIP funding.8
A local government’s use of SHIP funds is subject to certain restrictions (excluding amounts set aside for
administrative costs):
Not more than 20 percent of SHIP funds may be used for manufactured housing.9
At least 75 percent of SHIP funds must be reserved for construction, rehabilitation, or emergency repair of
affordable, eligible housing.10
Not more than 25 percent of SHIP funds may be reserved for allowed rental housing.11
1 Ch. 92-317, Laws of Fla.
2 The community development block grant program is a federal program created in 1974 that provides funding for housing
and community development activities. Community Development Block Grant Program,
https://www.hud.gov/program_offices/comm_planning/cdbg (last visited Mar. 21, 2025).
3 See ss. 420.907-420.9089, F.S.; Annual Report 2023, Florida Housing Finance Corporation (June 28, 2024),
https://issuu.com/fhfc/docs/2023_annual_report (last visited Mar. 21, 2025).
4 The 1997 Legislature created the Florida Housing Finance Corporation (FHFC) as a public-private entity to assist in providing
a range of affordable housing opportunities for Floridians. Ch. 97-167, Laws of Fla.
5 S. 420.9071, F.S.
6 State Housing Initiatives Partnership Program (SHIP), https://www.floridahousing.org/programs/special-programs/ship---
state-housing-initiatives-partnership-program (last visited Mar. 21, 2025).
7 Sections 420.9075(1)(a), F.S. and 420.9075(3), F.S., outline a list of strategies LHAPs are encouraged to employ, such as
helping those affected by mobile home park closures, encouraging innovative housing design to reduce long-term housing
costs, preserving assisted housing, and reducing homelessness.
8 Counties and eligible municipalities participating in SHIP receive funding from “local housing distributions,” which are the
proceeds of the taxes deposited into the Local Government Housing Trust Fund. S. 420.9071(17), F.S.
9 S. 420.9075(5)(e), F.S.
10 S. 420.9075(5)(c), F.S.
11 S. 420.9075(5)(b), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
At least 65 percent of SHIP funds must be reserved for home ownership for eligible persons.12
At least 20 percent of SHIP funds must serve persons with special needs.13
At least 30 percent of SHIP funds must be used for awards to very-low-income persons or eligible
sponsors14 serving very-low-income persons, and another 30 percent must be used for awards for low-
income persons or eligible sponsors serving low-income persons.15
Local governments may not use SHIP funds to provide ongoing rent subsidies, except for:
Security and utility deposit assistance.
Eviction prevention not to exceed six months’ rent.
A rent subsidy program for very-low income households with at least one adult who meets either the
statutory definition of a person with special needs or homeless. The period of rental assistance may not
exceed 12 months.16
In the state fiscal year 2020-2021,17 SHIP expended or encumbered more than $27 million for homeownership
activities, assisting 933 homeownership units.18
Mobile Homes
Florida law defines a mobile home as “a residential structure, transportable in one or more sections, which is 8
body feet or more in width, over 35 body feet in length with the hitch, built on an integral chassis, designed to be
used as a dwelling when connected to the required utilities, and not originally sold as a recreational vehicle, and
includes the plumbing, heating, air-conditioning, and electrical systems contained therein.”19 Mobile homes are
designed to be used as permanent dwelling.
A mobile home park is land in which lots or spaces are offered for rent or lease for the placement of mobile homes
in which the primary use of the park is residential.20 Mobile home parks have historically served as an affordable
housing option for low-and-moderate-income residents. However, increasing redevelopment pressures and rising
housing costs have put many mobile home owners at risk of permanent displacement.21
12 “Eligible person” or “eligible household” means one or more natural persons or a family determined by the county or eligible
municipality to be of very low income, low income, or moderate income based upon the annual gross income of the household.
S. 420.9075(5)(a), F.S.
13 S. 420.9075(5)(d), F.S.
14 “Eligible sponsor” means a person or a private or public for-profit or not-for-profit entity that applies for an award under
the local housing assistance plan for the purpose of providing eligible housing for eligible persons. S. 420.9071(12), F.S.
15 S. 420.9075(5)(g)2., F.S.
16 S. 420.9072(7)(b), F.S.
17 Local governments have three years to expend funds. 2020-2021 is the most recent closed out fiscal year.
18 Annual Report 2023, supra note 3.
19 S. 723.003(8), F.S.
20 S. 723.003(12), F.S.
21 Since 2011, at least 183 Florida mobile home parks have closed, according to self-reported and likely incomplete data from
the Florida Mobile Home Relocation Corporation and the Department of Business and Professional Regulation. Clara-Sophia
Daly, New development will rise to dizzying heights – and wipe out their trailer park, Miami Herald (Oct. 8, 2023)
https://www.miamiherald.com/news/business/real-estate-news/article278731494.html (last visited Mar. 21, 2025).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
RECENT LEGISLATION:
YEAR BILL # HOUSE SPONSOR(S) SENATE SPONSOR OTHER INFORMATION
2024 CS/CS/SB 1456 Mooney Rodriguez The bill became law on July 1,
2024.
2024 CS/CS/CS/HB Stark Burton The bill became law on July 1,
613 2024.
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Housing, Agriculture & Tourism Curtin Garcia
Subcommittee
Intergovernmental Affairs
Subcommittee
Commerce Committee
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 701 2025
1 A bill to be entitled
2 An act relating to local housing assistance plans;
3 amending s. 420.9075, F.S.; revising the list of
4 persons with special housing needs for purposes of a
5 certain program to include persons who own mobile
6 homes placed in mobile home parks; including lot
7 rental assistance in the strategies for the provision
8 of affordable housing for which a local housing
9 assistance plan may allocate funds; requiring each
10 county and eligible municipality to include in its
11 local housing assistance plan the provision of funds
12 to certain persons for a specified purpose; requiring
13 that certain funds reserved for home ownership be used
14 to provide lot rental assistance to certain eligible
15 persons; authorizing counties and eligible
16 municipalities to use certain funds for the
17 construction, rehabilitation, or emergency repair of
18 certain mobile homes; prohibiting a county or an
19 eligible municipality from distinguishing or
20 discriminating between types of housing when awarding
21 certain funds; providing an effective date.
22
23 Be It Enacted by the Legislature of the State of Florida:
24
25 Section 1. Subsection (1) and paragraphs (a), (c), and (e)
Page 1 of 4
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hb701-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 701 2025
26 of subsection (5) of section 420.9075, Florida Statutes, are
27 amended, and paragraph (h) is added to subsection (3) of that
28 section, to read:
29 420.9075 Local housing assistance plans; partnerships.—
30 (1)(a) Each county or eligible municipality participating
31 in the State Housing Initiatives Partnership Program shall
32 develop and implement a local housing assistance plan created to
33 make affordable residential units available to persons of very
34 low income, low income, or moderate income and to persons who
35 have special housing needs, including, but not limited to,
36 homeless people, the elderly, migrant farmworkers, and persons
37 with disabilities, and persons who own mobile homes placed in
38 mobile home parks as defined in s. 723.003. Counties or eligible
39 municipalities may include strategies to assist persons and
40 households having annual incomes of not more than 140 percent of
41 area median income. The plans are intended to increase the
42 availability of affordable residential units by combining local
43 resources and cost-saving measures into a local housing
44 partnership and using private and public funds to reduce the
45 cost of housing.
46 (b) Local housing assistance plans may allocate funds to:
47 1. Implement local housing assistance strategies for the
48 provision of affordable housing, including lot rental assistance
49 for persons who own mobile homes placed in mobile home parks as
50 defined in s. 723.003.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 701 2025
51 2. Supplement funds available to the corporation to
52 provide enhanced funding of state housing programs within the
53 county or the eligible municipality.
54 3. Provide the local matching share of federal affordable
55 housing grants or programs.
56 4. Fund emergency repairs, including, but not limited to,
57 repairs performed by existing service providers under
58 weatherization assistance programs under ss. 409.509-409.5093.
59 5. Further the housing element of the local government
60 comprehensive plan adopted pursuant to s. 163.3184, specific to
61 affordable housing.
62 (3)
63 (h) Each county and each eligible municipality shall
64 include in its local housing assistance plan the provision of
65 funds for lot rental assistance to persons who own mobile homes
66 placed in mobile home parks as defined in s. 723.003.
67 (5) The following criteria apply to awards made to
68 eligible sponsors or eligible persons for the purpose of
69 providing eligible housing:
70 (a) At least 65 percent of the funds made available in
71 each county and eligible municipality from the local housing
72 distribution must be reserved for home ownership for eligible
73 persons. For eligible persons who own mobile homes placed in
74 mobile home parks as defined in s. 723.003, such funds must be
75 used to provide lot rental assistance.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 701 2025
76 (c) At least 75 percent of the funds made available in
77 each county and eligible municipality from the local housing
78 distribution must be reserved for construction, rehabilitation,
79 or emergency repair of affordable, eligible housing, including,
80 but not limited to, mobile homes placed in mobile home parks as
81 defined in s. 723.003.
82 (e) A county or an eligible municipality may not
83 distinguish or discriminate between types of housing when
84 awarding funds from the local housing distribution under this
85 section Not more than 20 percent of the funds made available in
86 each county and eligible municipality from the local housing
87 distribution may be used for manufactured housing.
88 Section 2. This act shall take effect July 1, 2025.
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hb701-00
HOUSING, AGRICULTURE, AND TOURISM SUBCOMMITTEE
HB 701 by Reps. Stark and Berfield
Relating to Local Housing Assistance Plans
AMENDMENT SUMMARY
March 25, 2025
Amendment 1 by Rep. Stark (Strike-All): The amendment:
• Removes from the list of persons with special housing needs persons who own a mobile
home;
• Removes the prohibition on distinguishing between types of housing when awarding State
Housing Incentives Partnership Program (SHIP) funds; and
• Provides an exception to the prohibition on utilizing SHIP funds for rent subsidies.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 701 (2025)
Amendment No. 1
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Housing, Agriculture &
2 Tourism Subcommittee
3 Representative Stark offered the following:
4
5 Amendment (with title amendment)
6 Remove everything after the enacting clause and insert:
7 Section 1. Subparagraph 3. of paragraph (7)(b) of section
8 420.9072, Florida Statutes, is amended to read:
9 3. Lot rental assistance to mobile homes as defined in s.
10 723.003, not to exceed 6 months’ rent.
11 4.3. A rent subsidy program for very-low-income households
12 with at least one adult who is a person with special needs as
13 defined in s. 420.0004 or homeless as defined in s. 420.621. The
14 period of rental assistance may not exceed 12 months for any
15 eligible household.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 701 (2025)
Amendment No. 1
16 Section 2. Paragraphs (c) and (d) of subsection (3) of
17 section 420.9075, Florida Statutes, are amended, paragraphs (d)
18 through (g) are redesignated as paragraphs (e) through (h),
19 respectively, new paragraph (i) is added to that subsection, and
20 paragraph (a) of subsection (5) is amended to read:
21 420.9075 Local housing assistance plans; partnerships.—
22 (3)
23 (c) Each county and each eligible municipality is
24 encouraged to develop a strategy within its local housing
25 assistance plan that addresses the needs of persons who are
26 deprived of affordable housing due to the closure of a mobile
27 home park or the conversion of affordable rental units to
28 condominiums.
29 (d) Each county and each eligible municipality shall
30 develop a strategy within its local housing assistance plan that
31 addresses the needs of persons who are deprived of affordable
32 housing due to the closure of a mobile home park.
33 (e)(d) Each county and each eligible municipality shall
34 describe initiatives in the local housing assistance plan to
35 encourage or require innovative design, green building
36 principles, storm-resistant construction, or other elements that
37 reduce long-term costs relating to maintenance, utilities, or
38 insurance.
39 (f)(e) Each county and each eligible municipality is
40 encouraged to develop a strategy within its local housing
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 701 (2025)
Amendment No. 1
41 assistance plan which provides program funds for the
42 preservation of assisted housing.
43 (g)(f) Each county and each eligible municipality is
44 encouraged to develop a strategy within its local housing
45 assistance plan which provides program funds for reducing
46 homelessness.
47 (h)(g) Local governments may create regional partnerships
48 across jurisdictional boundaries through the pooling of
49 appropriated funds to address homeless housing needs identified
50 in local housing assistance plans.
51 (i) Each county and each eligible municipality shall
52 include in its local housing assistance plan a strategy for
53 providing program funds to mobile home owners as defined in s.
54 723.003, which must include lot rental assistance.
55 (5) The following criteria apply to awards made to
56 eligible sponsors or eligible persons for the purpose of
57 providing eligible housing:
58 (a) At least 65 percent of the funds made available in
59 each county and eligible municipality from the local housing
60 distribution must be reserved for home ownership for eligible
61 persons. For purposes of this paragraph, lot rental assistance
62 for eligible mobile home owners as defined in s. 723.003 is an
63 approved home ownership activity.
64 (b) Up to 25 percent of the funds made available in each
65 county and eligible municipality from the local housing
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 701 (2025)
Amendment No. 1
66 distribution may be reserved for rental housing for eligible
67 persons or for the purposes enumerated in s. 420.9072(7)(b).
68 (c) At least 75 percent of the funds made available in
69 each county and eligible municipality from the local housing
70 distribution must be reserved for construction, rehabilitation,
71 or emergency repair of affordable, eligible housing. Funds may
72 be provided to mobile home owners as defined in s. 723.003 for
73 rehabilitation and emergency repairs under this paragraph.
74 (d) Each local government must use a minimum of 20 percent
75 of its local housing distribution to serve persons with special
76 needs as defined in s. 420.0004. A local government must certify
77 that it will meet this requirement through existing approved
78 strategies in the local housing assistance plan or submit a new
79 local housing assistance plan strategy for this purpose to the
80 corporation for approval to ensure that the plan meets this
81 requirement. The first priority of these special needs funds
82 must be to serve persons with developmental disabilities as
83 defined in s. 393.063, with an emphasis on home modifications,
84 including technological enhancements and devices, which will
85 allow homeowners to remain independent in their own homes and
86 maintain their homeownership.
87 (e) Not more than 20 percent of the funds made available
88 in each county and eligible municipality from the local housing
89 distribution may be used for manufactured housing.
90 (f) The sales price or value of new or existing eligible
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 701 (2025)
Amendment No. 1
91 housing may not exceed 90 percent of the average area purchase
92 price in the statistical area in which the eligible housing is
93 located. Such average area purchase price may be that calculated
94 for any 12-month period beginning not earlier than the fourth
95 calendar year prior to the year in which the award occurs or as
96 otherwise established by the United States Department of the
97 Treasury.
98 (f)1.(g)1. All units constructed, rehabilitated, or
99 otherwise assisted with the funds provided from the local
100 housing assistance trust fund must be occupied by very-low-
101 income persons, low-income persons, and moderate-income persons
102 except as otherwise provided in this section.
103 2.a. At least 30 percent of the funds deposited into the
104 local housing assistance trust fund must be reserved for awards
105 to very-low-income persons or eligible sponsors who will serve
106 very-low-income persons, and at least an additional 30 percent
107 of the funds deposited into the local housing assistance trust
108 fund must be reserved for awards to low-income persons or
109 eligible sponsors who will serve low-income persons.
110 b. This subparagraph does not apply to a county or an
111 eligible municipality that includes or has included within the
112 previous 5 years an area of critical state concern designated by
113 the Legislature for which the Legislature has declared its
114 intent to provide affordable housing. This sub-subparagraph
115 expires on July 1, 2029, and applies retroactively.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 701 (2025)
Amendment No. 1
116 (g)(h) Loans shall be provided for periods not exceeding
117 30 years, except for deferred payment loans or loans that extend
118 beyond 30 years which continue to serve eligible persons.
119 (h)(i) Loans or grants for eligible rental housing
120 constructed, rehabilitated, or otherwise assisted from the local
121 housing assistance trust fund must be subject to recapture
122 requirements as provided by the county or eligible municipality
123 in its local housing assistance plan unless reserved for
124 eligible persons for 15 years or the term of the assistance,
125 whichever period is longer. Eligible sponsors that offer rental
126 housing for sale before 15 years or that have remaining
127 mortgages funded under this program must give a first right of
128 refusal to eligible nonprofit organizations for purchase at the
129 current market value for continued occupancy by eligible
130 persons.
131 (i)(j) Loans or grants for eligible owner-occupied housing
132 constructed, rehabilitated, or otherwise assisted from proceeds
133 provided from the local housing assistance trust fund shall be
134 subject to recapture requirements as provided by the county or
135 eligible municipality in its local housing assistance plan.
136 (j)(k) The total amount of monthly mortgage payments or
137 the amount of monthly rent charged by the eligible sponsor or
138 her or his designee must be made affordable.
139 (k)(l) The maximum sales price or value per unit and the
140 maximum award per unit for eligible housing benefiting from
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 701 (2025)
Amendment No. 1
141 awards made pursuant to this section must be established in the
142 local housing assistance plan.
143 (l)(m) The benefit of assistance provided through the
144 State Housing Initiatives Partnership Program must accrue to
145 eligible persons occupying eligible housing. This provision
146 shall not be construed to prohibit use of the local housing
147 distribution funds for a mixed income rental development.
148 (m)(n) Funds from the local housing distribution not used
149 to meet the criteria established in paragraph (a) or paragraph
150 (c) or not used for the administration of a local housing
151 assistance plan must be used for housing production and finance
152 activities, including, but not limited to, financing
153 preconstruction activities or the purchase of existing units,
154 providing rental housing, and providing home ownership training
155 to prospective home buyers and owners of homes assisted through
156 the local housing assistance plan.
157 1. Notwithstanding the provisions of paragraphs (a) and
158 (c), program income as defined in s. 420.9071(26) may also be
159 used to fund activities described in this paragraph.
160 2. When preconstruction due-diligence activities conducted
161 as part of a preservation strategy show that preservation of the
162 units is not feasible and will not result in the production of
163 an eligible unit, such costs shall be deemed a program expense
164 rather than an administrative expense if such program expenses
165 do not exceed 3 percent of the annual local housing
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 701 (2025)
Amendment No. 1
166 distribution.
167 3. If both an award under the local housing assistance
168 plan and federal low-income housing tax credits are used to
169 assist a project and there is a conflict between the criteria
170 prescribed in this subsection and the requirements of s. 42 of
171 the Internal Revenue Code of 1986, as amended, the county or
172 eligible municipality may resolve the conflict by giving
173 precedence to the requirements of s. 42 of the Internal Revenue
174 Code of 1986, as amended, in lieu of following the criteria
175 prescribed in this subsection with the exception of paragraphs
176 (a) and (f) (g) of this subsection.
177 4. Each county and each eligible municipality may award
178 funds as a grant for construction, rehabilitation, or repair as
179 part of disaster recovery or emergency repairs or to remedy
180 accessibility or health and safety deficiencies. Any other
181 grants must be approved as part of the local housing assistance
182 plan.
183 Section 3. Subsection (27) of section 420.9071, Florida
184 Statutes, is amended to read:
185 420.9071 Definitions.—As used in ss. 420.907-420.9079, the
186 term:
187 (27) "Recaptured funds" means funds that are recouped by a
188 county or eligible municipality in accordance with the recapture
189 provisions of its local housing assistance plan pursuant to s.
190 420.9075(5)(i) s. 420.9075(5)(j) from eligible persons or
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 701 (2025)
Amendment No. 1
191 eligible sponsors, which funds were not used for assistance to
192 an eligible household for an eligible activity, when there is a
193 default on the terms of a grant award or loan award.
194 Section 4. This act shall take effect July 1, 2025.
195
196 -----------------------------------------------------
197 T I T L E A M E N D M E N T
198 Remove lines 3-9 and insert:
199 amending s. 420.9072, F.S.; providing an exception to
200 a prohibition on providing rent subsidies; amending s.
201 420.9075, F.S.; requiring each
202 Remove lines 18-21 and insert:
203 certain mobile homes; providing an effective date.
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HB 793
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 793 COMPANION BILL: SB 1516 (Wright)
TITLE: Aerospace Innovation Funding LINKED BILLS: None
SPONSOR(S): Kendall RELATED BILLS: None
Committee References
Transportation & Economic Housing, Agriculture & Tourism Budget
Development Budget
15 Y, 0 N
SUMMARY
Effect of the Bill:
The bill creates the International Aerospace Innovation Fund (IAIF), administered by Space Florida, to provide a
framework to accelerate global aerospace innovation by funding collaborative research and development projects,
workforce development initiatives, and commercialization efforts.
Fiscal or Economic Impact:
The bill provides no specific appropriations and has no fiscal impact on the state.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill establishes the International Aerospace Innovation Fund (IAIF), administered by Space Florida. The IAIF is
established to accelerate global aerospace innovation by funding collaborative research and development projects,
workforce development initiatives, and commercialization efforts. (Section 3).
The bill directs the IAIF to:
Develop partnerships between Florida-based aerospace companies and international aerospace
companies.
Drive innovation in critical technology areas, such as space exploration, advanced manufacturing, and
space infrastructure.
Attract global investment in Florida’s aerospace ecosystem. (Section 3).
The bill requires Space Florida to secure funding for the IAIF, received from:
The state, in the form of direct appropriations to Space Florida for purposes of the IAIF, investment by the
Florida Opportunity Fund, and any other investment, loan, or grant funds for which projects of the IAIF
qualify.
Private sector investments. Space Florida may solicit matching funds from and partner with private
aerospace companies and venture capital funds.
International contributions. To the extent permitted under state law, Space Florida may collaborate with
foreign space agencies or innovation authorities to co-fund IAIF projects. (Section 3).
The bill requires Space Florida to develop eligibility criteria for projects that may be funded by the IAIF, including:
The project must involve at least one aerospace company or organization that is based in Florida.
The project must be a partnership that involves at least one of the following:
STORAGE NAME: h0793b.HAT
DATE: 3/21/2025
1
- An international aerospace company;
- A university; or
- A space agency.
The bill specifies that the project must be intended, and have demonstrated potential, for
commercialization. (Section 3).
Funding must be competitively awarded to eligible projects based on merit. Space Florida must establish a panel of
international aerospace experts to evaluate and recommend projects. An application process must be established
by Space Florida for projects seeking funding by the IAIF. (Section 3).
The bill provides that Space Florida must identify and establish partnerships, to the extent possible, with countries
that have robust aerospace sectors. Space Florida may negotiate and enter into bilateral agreements for the
establishment of co-funding commitments, intellectual property rights, and collaboration terms. (Section 3).
The effective date of the bill is July 1, 2025. (Section 4).
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill provides no specific appropriations and has no fiscal impact on the state. The creation of the fund would
enhance the ability of Space Florida to work with the private sector and solicit private sector investments, venture
capital funds, international contributions, grants, or other investments to support business development and
commercialization of IAIF projects. Space Florida maintains existing resources which can also be utilized in
conjunction with private investment to foster global partnerships. A request for a formal agency analysis was
submitted to the Department of Commerce on March 10, 2025.
LOCAL GOVERNMENT:
None.
PRIVATE SECTOR:
The bill may have a positive impact on the aerospace industry in Florida, as a result of private sector investment
and international contributions in the IAIF.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Space Florida
The Legislature passed the Space Florida Act in 2006,1 which consolidated Florida’s three existing space entities,
Florida Space Authority, Florida Space Research Institute, and Florida Aerospace Finance Corporation, into a single
entity called Space Florida.2 Space Florida is established as an independent special district, a body politic and
corporate, and a subdivision of the state.3 Space Florida is subject to the provisions of the Uniform Special District
Accountability Act, which governs issues like operations, financial reporting, taxation, assessments, elections,
compliance with general law, and comprehensive planning.4
The Space Florida Board of Directors is comprised of 10 members, including the governor, experts in airport
authority and aircrafts, the Secretary of Florida Department of Environmental Protection, and the Secretary of the
1 Chapter 2006-60, Laws of Fla.
2 See ss. 331.301 through 331.371, F.S.
3 Section. 331.302(1), F.S.
4 Section. 331.302(5), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
Florida Department of Transportation.5 These members are appointed by the Governor, President of the Senate,
and Speaker of the House of Representatives.6 The Governor or Governor’s designee also serves on the Board as a
voting member.7
Space Florida’s objectives include supporting the growth and development of a sustainable and world-leading
aerospace industry in Florida.8 Space Florida acts as Florida’s point of contact for state aerospace-related activities
with federal agencies, the military, state agencies, businesses, and the private sector.9 Space Florida is authorized
to purchase or construct facilities, set rates, fees, and charges for the use of facilities, undertake joint financing with
municipalities or private sector entities, and execute contracts with persons or spaceport users to facilitate the
financing, construction, leasing, or sale of any project.10
According to Space Florida’s 2024 Annual Operations Report, as of June 30, 2024, Space Florida had 161 total
projects in development with an estimated value of $5.6 billion in capital investment.11 This estimated value has
almost doubled since 2021.12
Powers of Space Florida
Space Florida is given certain powers, including, but not limited to:13
Using a corporate seal;
Using patents, copyrights, and trademarks;
Lending and investing money;
Acquiring certain properties;
Executing contracts;
Issuing revenue bonds;
Making expenditures for entertainment and travel expenses and business clients, guests, and other
authorized persons; and
Fixing and collecting fees, loan payments, rental payments, and other charges in connection with financing
agreements.
Duties of Space Florida
To implement the Space Florida Act and carry out spaceport operations, Space Florida is given certain duties,
including, but not limited to, creating a business plan, entering into agreements and cooperating with other state
agencies, and consulting with appropriate federal agencies.14
Specifically, Space Florida is required to:
Enter into agreements with the Department of Education, the Department of Transportation (DOT), the
Department of Commerce, and CareerSource Florida.15
In cooperation with the Department of Commerce, collaborate to develop a plan to retain, expand, attract,
and create aerospace industry entities, public or private, which results in the creation of high-value-added
businesses and jobs in Florida.16
Develop, in cooperation with the Department of Commerce, a plan to provide financing assistance to
aerospace businesses.17
5 Section. 331.3081, F.S.
6 Id.
7 Space Florida, Board of Directors, (2024), https://www.spaceflorida.gov/board-of-directors (last visited March 14, 2025); S. 331.3081, F.S.
8 Section. 331.302(1), F.S.
9 Section 331.3011(3), F.S.
10 Section 331.305, F.S.
11 Space Florida, Annual Report Trajectories, (2024), https://cdn.prod.website-
files.com/66c8a3fe36eef11411f2b1ef/674749d0769077b041d100ff_Annual-Report-2024-Final_compressed.pdf (last visited March 14,
2025).
12 Id.
13 Section 331.305, F.S.
14 Section 331.3051, F.S.
15 Section 331.3051(2), F.S.
16 Section 331.3051(3), F.S.
17 Section 331.3051(6), F.S.
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3
Carry out its responsibilities for spaceport operations by:18
- Seeking federal support and developing partnerships to renew and upgrade the infrastructure and
technologies at the Cape Canaveral Air Force Station, the John F. Kennedy Space Center, and the
Eastern Range.
- Supporting federal efforts to clarify roles and responsibilities of federal agencies in an effort to
streamline access for commercial launch users.
- Pursuing the development of commercial spaceports in the state in partnership with counties or
municipalities, the Federal Government, or private entities.
- Promoting and facilitating launch activity within the state by supporting and assisting commercial
launch operators efforts to obtain authorization from federal agencies for launching from Florida.
- Consulting, as necessary, with the appropriate federal, state, and local authorities, including the
National Aeronautics and Space Administration, Federal Aviation Administration, Department of
Defense, DOT, Florida National Guard, and industry on establishing and operating spaceport
infrastructure and facilities in the state.
Space Florida Funding
Space Florida maintains a recurring budget of $17.5 million, averaging total appropriations of $21.0 million
annually. This includes an average of $6.0 million dedicated to financing business development and fostering
partnerships and collaboration in the Florida aerospace industry.
Space Florida states that expanding investment opportunities to include foreign entities would tap into the global
aerospace market, potentially enhancing Florida’s return on investment.19 Since its inception in 2013, Space
Florida has received $1.0 million in annual recurring funds to support the Space Florida-Israel Innovation
Partnership. Together with its capital accelerator programs, these initiatives have generated over $800 million in
capital to the state's aerospace sector.20 The Space Florida-Israel Innovation Partnership has facilitated over $22
million in joint research and development funding, strengthening economic and strategic ties between Florida and
Israeli aerospace companies.21 This collaboration supports the development of aerospace technologies with
significant potential across industries such as defense, transportation, and infrastructure, helping both Florida and
Israel maintain leadership in aerospace innovation among growing global competition.22
18 Section 331.3051(7), F.S.
19 Email from Lindsay Pierce, Director of Government Relations & External Affairs, Space Florida, RE: HB 793, (March 5, 2025).
20 Email from Lindsay Pierce, Director of Government Relations & External Affairs, Space Florida, RE: HB 793, (March 5, 2025).
21 Space Florida, Israel Innovation Authority Partnership, https://www.spaceflorida.gov/israel-innovation-authority-partnership (last visited
Mar. 20, 2025).
22 Space Florida, Annual Report Trajectories, (2024), https://cdn.prod.website-
files.com/66c8a3fe36eef11411f2b1ef/674749d0769077b041d100ff_Annual-Report-2024-Final_compressed.pdf (last visited March 14,
2025).
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4
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Transportation & Economic 15 Y, 0 N Davis Andeara
Development Budget
Subcommittee
Housing, Agriculture & Tourism Curtin Rodriguez
Subcommittee
Budget Committee
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5
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 793 2025
1 A bill to be entitled
2 An act relating to aerospace innovation funding;
3 amending s. 331.3051, F.S.; requiring Space Florida to
4 administer the International Aerospace Innovation
5 Fund; amending s. 331.310, F.S.; conforming a cross-
6 reference; creating s. 331.372, F.S.; establishing the
7 International Aerospace Innovation Fund; providing the
8 purpose and duties of the fund; requiring Space
9 Florida to secure funding from certain sources;
10 requiring Space Florida to develop certain eligibility
11 criteria; providing requirements for such eligibility
12 criteria; requiring that funding be awarded in a
13 certain manner; requiring Space Florida to establish a
14 certain panel; requiring Space Florida to establish an
15 application process for projects seeking funding from
16 the fund; requiring Space Florida to identify and
17 establish certain partnerships; authorizing Space
18 Florida to negotiate and enter into bilateral
19 agreements for certain purposes; providing an
20 effective date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Present subsections (15) and (16) of section
25 331.3051, Florida Statutes, are redesignated as subsections (16)
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HB 793 2025
26 and (17), respectively, and a new subsection (15) is added to
27 that section, to read:
28 331.3051 Duties of Space Florida.—Space Florida shall:
29 (15) Administer the International Aerospace Innovation
30 Fund established under s. 331.372.
31 Section 2. Paragraph (e) of subsection (2) of section
32 331.310, Florida Statutes, is amended to read:
33 331.310 Powers and duties of the board of directors.—
34 (2) The board of directors shall:
35 (e) Prepare an annual report of operations as a supplement
36 to the annual report required under s. 331.3051(17) s.
37 331.3051(16). The report must include, but not be limited to, a
38 balance sheet, an income statement, a statement of changes in
39 financial position, a reconciliation of changes in equity
40 accounts, a summary of significant accounting principles, the
41 auditor's report, a summary of the status of existing and
42 proposed bonding projects, comments from management about the
43 year's business, and prospects for the next year.
44 Section 3. Section 331.372, Florida Statutes, is created
45 to read:
46 331.372 International Aerospace Innovation Fund.—
47 (1) The International Aerospace Innovation Fund is
48 established to accelerate global aerospace innovation by funding
49 collaborative research and development projects, workforce
50 development initiatives, and commercialization efforts. The
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HB 793 2025
51 International Aerospace Innovation Fund shall be administered by
52 Space Florida.
53 (2) The International Aerospace Innovation Fund shall:
54 (a) Develop partnerships between Florida-based aerospace
55 companies and international aerospace companies.
56 (b) Drive innovation in critical technology areas, such as
57 space exploration, advanced manufacturing, and space
58 infrastructure.
59 (c) Attract global investment in this state's aerospace
60 ecosystem.
61 (3) Space Florida shall secure funding for the
62 International Aerospace Innovation Fund. Funding may be received
63 from:
64 (a) The state, in the form of direct appropriations to
65 Space Florida for purposes of the International Aerospace
66 Innovation Fund, investment by the Florida Opportunity Fund, and
67 any other investment, loan, or grant funds for which projects of
68 the International Aerospace Innovation Fund qualify.
69 (b) Private sector investments. Space Florida may solicit
70 matching funds from and partner with private aerospace companies
71 and venture capital funds.
72 (c) International contributions. To the extent permitted
73 under state law, Space Florida may collaborate with foreign
74 space agencies or innovation authorities to co-fund
75 International Aerospace Innovation Fund projects.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 793 2025
76 (4)(a) Space Florida shall develop eligibility criteria
77 for projects that may be funded by the International Aerospace
78 Innovation Fund. The eligibility criteria must include, but are
79 not limited to, all of the following:
80 1. The project must involve at least one aerospace company
81 or organization that is based in this state.
82 2. The project must be a partnership that involves at
83 least one of the following:
84 a. An international aerospace company.
85 b. A university.
86 c. A space agency.
87 3. The project must be intended, and have demonstrated
88 potential, for commercialization.
89 (b) Funding must be competitively awarded to eligible
90 projects based on merit. Space Florida shall establish a panel
91 of international aerospace experts to evaluate and recommend
92 projects.
93 (c) Space Florida shall establish an application process
94 for projects seeking funding by the International Aerospace
95 Innovation Fund.
96 (5) Space Florida shall identify and establish
97 partnerships, to the extent possible, with countries that have
98 robust aerospace sectors.
99 (6) Space Florida may negotiate and enter into bilateral
100 agreements for the purposes of this section, which may include,
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101 but are not limited to, the establishment of co-funding
102 commitments, intellectual property rights, and collaboration
103 terms.
104 Section 4. This act shall take effect July 1, 2025.
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HOUSING, AGRICULTURE, AND TOURISM SUBCOMMITTEE
HB 793 by Rep. Kendall
Relating to Aerospace Innovation Funding
AMENDMENT SUMMARY
March 25, 2025
Amendment 1 by Rep. Kendall (Line 56): The amendment clarifies certain terms and adds
research institutes to the list of entities that must be involved in each project.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 793 (2025)
Amendment No. 1
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Housing, Agriculture &
2 Tourism Subcommittee
3 Representative Kendall offered the following:
4
5 Amendment
6 Remove lines 56-91 and insert:
7 (b) Drive innovation in critical technology areas related
8 to aerospace as defined in s. 331.303, including, but not
9 limited to space exploration, advanced manufacturing, and space
10 infrastructure.
11 (c) Attract global investment in this state's aerospace
12 ecosystem.
13 (3) Space Florida shall secure funding for the
14 International Aerospace Innovation Fund. Funding may be received
15 from:
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Page 1 of 3
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 793 (2025)
Amendment No. 1
16 (a) The state, in the form of direct appropriations to
17 Space Florida for purposes of the International Aerospace
18 Innovation Fund, investment by the Florida Opportunity Fund, and
19 any other investment, loan, or grant funds for which projects of
20 the International Aerospace Innovation Fund qualify.
21 (b) Private sector investments. Space Florida may solicit
22 matching funds from and partner with private aerospace companies
23 and venture capital funds.
24 (c) International contributions. To the extent permitted
25 under state law, Space Florida may collaborate with foreign
26 industry development organizations or innovation authorities to
27 co-fund International Aerospace Innovation Fund projects.
28 (4)(a) Space Florida shall develop eligibility criteria
29 for projects that may be funded by the International Aerospace
30 Innovation Fund. The eligibility criteria must include, but are
31 not limited to, all of the following:
32 1. The project must involve at least one aerospace company
33 or organization that is based in this state.
34 2. The project must be a partnership that involves at
35 least one of the following:
36 a. An international aerospace company.
37 b. A university.
38 c. A space agency.
39 d. A research institute.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 793 (2025)
Amendment No. 1
40 3. The project must be intended, and have demonstrated
41 potential, for commercialization.
42 (b) Funding must be competitively awarded to eligible
43 projects based on merit. Space Florida shall establish a panel
44 of aerospace experts to evaluate and recommend
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HB 943
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 943 COMPANION BILL: SB 1730 (Calatayud)
TITLE: Real Property and Land Use and Development LINKED BILLS: None
SPONSOR(S): Lopez, V. RELATED BILLS: None
Committee References
Housing, Agriculture & Intergovernmental Affairs Civil Justice & Claims Commerce
Tourism
SUMMARY
Effect of the Bill:
The bill:
Amends various provisions in the Live Local Act relating to affordable housing, certain building
moratoriums, and reporting requirements.
Requires proposed urban infill development to be administratively approved.
Makes certain qualified developments eligible to receive an exception or waiver for 20 percent of the
impact fees for the development of affordable housing.
Revises the requirements to receive a property tax exemption for certain affordable housing.
Requires local governments to allow the construction of accessory dwelling units (ADUs).
Requires the Florida Housing Finance Corporation to finance housing for veterans and essential service and
high-demand career employees.
Creates expedited foreclosure proceedings for abandoned real property.
Makes it unlawful to discriminate in land use decisions based on a development or proposed development
being affordable housing.
Requires district school boards to adopt best practices for surplus land programs.
Fiscal or Economic Impact:
The bill has an indeterminate impact on local governments and the private sector.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
Affordable Housing Development
The bill amends various provisions in the Live Local Act.
The bill requires a local government1 to approve the development of affordable housing if the following
requirements are met:
The owner of the parcel is a religious institution.2
At least 40 percent of the residential units included in the development are for housing that is affordable
and the project has an affordability period of at least 30 years.
The parcel is not located within 500 feet of a military installation3 or a commercial service airport.4
1 Local government means any county or municipality. S. 163.3164(29), F.S.
2 Religious institution means any church, synagogue, or other established physical place for worship at which nonprofit
religious services and activities are regularly conducted and carried on. S. 170.201(2), F.S.
STORAGE NAME: h0943.HAT
DATE: 3/23/2025
1
State and local laws and regulations, other than land use or zoning regulations, apply to the parcel. (Section
1 for counties; Section 4 for municipalities.)
The bill also requires5 local governments to authorize multifamily and mixed use residential as allowable uses, if at
least 40 percent of the residential units in a proposed multifamily or mixed-use residential development are rental
units that have an affordability period of 30 years or more, on:
Any site owned by the local government, a district school board, or a religious institution; and
Any area zoned for commercial, industrial, or mixed use, or any zoning district not zoned solely for use as a
single-family home or duplex. (Section 1 for counties; Section 4 for municipalities.)
Under the bill, local governments must authorize the inclusion of an adjacent parcel of land as part of the
multifamily development, regardless of the land use designation on the adjacent parcel, if the residential units to be
built on the adjacent parcel comply with the above requirements. (Section 1 for counties; Section 4 for
municipalities.)
The bill requires areas zoned for mixed use by a local government, notwithstanding any other local land
development regulation categorization or title, to be defined as areas that include both residential and
nonresidential uses, regardless of whether the residential or nonresidential uses are permitted as:
Principal use,
Conditional use,
Ancillary use,
Special use,
Unusual use,
Accessory use,
Planned unit development, or
Planned development. (Section 1 for counties; Section 4 for municipalities.)
Additionally, the bill provides that affordable or workforce units that receive any incentive under current law6 also
qualify as affordable as long as the units satisfy affordability requirements7 and local regulations. (Section 1 for
counties; Section 4 for municipalities.)
The bill requires a proposed multifamily or mixed-use residential development to be administratively approved,
without further action by the board of county commissioners or governing body, as applicable, or any quasi-
judicial board of the reviewing body, if the development satisfies the local government’s land development
regulations for multifamily and mixed-use residential developments in areas zoned for such use, density, intensity,
and height, with the exception of provisions establishing allowable densities, floor area ratios, height and land use,
including mixed use and minimum nonresidential or commercial floor area requirements. The bill requires the
removal or demolition of an existing structure to be performed as part of the proposed development to also be
administratively approved. (Section 1 for counties; Section 4 for municipalities.)
Under the bill, if a property owner files a site plan application for an affordable housing project, the administrative
review process must be based solely on the land development regulations in effect as of the date of filing the
3 Military installation means one of 16 military installations identified in s. 163.3175(2)(a)-(p), F.S.
4 Commercial service airport means a primary airport as defined in 49 U.S.C. § 47102 which is classified as a large, medium, or
small hub airport by the Federal Aviation Administration. S. 332.0075(1)(a), F.S.
5 This requirement is notwithstanding any other law, local ordinance, or regulation to the contrary, including any local
moratorium established after March 29, 2023. (Section 1 for counties; Section 4 for municipalities.)
6 In exchange for a developer fulfilling the requirements of s. 125.01055(2), F.S. (for a county), or s. 166.04151(2), F.S. (for a
municipality), a local government must provide incentives to fully offset all costs to the developer of its affordable housing
contribution or linkage fee. Such incentives may include, but are not limited to: allowing the developer density or intensity
bonus incentives or more floor space than allowed under the current or proposed future land use designation or zoning;
reducing or waiving fees, such as impact fees or water and sewer charges; or granting other incentives. See ss. 125.01055(4)
and 166.04152(4), F.S.
7 See s. 420.0004(3), F.S.
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2
application. Further, if an action is filed against a local government to challenge the adoption or enforcement of a
local ordinance, resolution, or other local regulation on the grounds that it is expressly preempted by state law, the
bill requires:
A court to expedite the proceeding and render a decision within 30 days after service of process.
A notice of appeal to be filed and served within 30 days after the rendition of the judgment appealed from.
The Supreme Court to adopt rules by October 1, 2025, to ensure the proceedings are handled expeditiously
and consistently with the foregoing provisions. (Section 1 for counties; Section 4 for municipalities.)
Prohibited Acts
The bill prohibits a local government from:
Requiring a proposed multifamily or mixed-use residential development to obtain an amendment to a
development of regional impact, amendment to a development agreement, or amendment to a restrictive
covenant, notwithstanding any other law, local ordinance, or regulation to the contrary.
Requiring more than 10 percent of the total square footage of a mixed-use residential project be used for
nonresidential purposes. (Section 1 for counties; Section 4 for municipalities.)
The bill also prohibits local governments from restricting or taking any action that has the effect of restricting:
The maximum lot size of a proposed multifamily or mixed-use residential development below the highest
maximum lot size allowed on or after July 1, 2023, on any unincorporated land in the local government
where multifamily or mixed-use residential development is allowed pursuant to the local government’s
land development regulations.
The maximum lot coverage of a proposed multifamily or mixed-use residential development below 70
percent. (Section 1 for counties; Section 4 for municipalities.)
The bill preempts any local government ordinance, resolution, or action that has the effect, either directly or
indirectly, of doing any of the following, and provides that any such ordinance, resolution, or action that does any
of the following is superseded by state law:
Limiting the height, floor area ratio, or density of an affordable housing project;
Unreasonably delaying the development or construction of an affordable housing project, including, but not
limited to, imposing a moratorium;
Restricting the manner in which affordable units are developed or accessed within a project or regulating
the types of units in the project; or
Restricting or limiting an affordable housing project in any other way. (Section 1 for counties; Section 4 for
municipalities.)
The bill prohibits a local government’s review or approval of an application for a development permit or
development order from being conditioned on the waiver, forbearance, or abandonment of any affordable housing
development right under law, and provides that any such waiver, forbearance, or abandonment is void. (Section 1
for counties; Section 4 for municipalities.)
Reporting Requirements
Beginning June 30, 2026, the bill requires all local governments to submit an annual report to the state planning
agency8 that includes:
All litigation initiated under s. 125.01055(1), F.S., for counties, or s. 166.04151(1), F.S., for municipalities,
the status of the case, and, if applicable, the final disposition of the case.
All actions the local government has taken on any affordable housing project, including, at minimum, the
project size, density, and intensity, and the number of units and the number of affordable units for such
proposed project.
8 State land planning agency means the Department of Commerce. S. 163.3164(46), F.S.
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3
For any proposed development that is denied or not accepted, all actions the local government has taken on
such proposed development and an explanation for why such actions were taken. (Section 1 for counties;
Section 4 for municipalities.)
Under the bill, the state land planning agency must also provide an annual report to the Governor, the President of
the Senate, and the Speaker of the House of Representatives regarding local governments’ compliance with
Florida’s affordable housing project development laws. (Section 1 for counties; Section 4 for municipalities.)
Building Moratoriums
The bill prohibits a local government from initiating or enforcing zoning-in-progress or a building moratorium on
affordable housing developments for which the local government has approved the development’s preliminary site
plan. Additionally, the bill requires each local government to:
Maintain on its website a policy containing the zoning map and zoning regulations in effect on July 1, 2023,
in addition to the procedures and expectations for certain administrative approval.
Reduce parking requirements by at least 20 percent for affordable housing developments, or by 100
percent for structures that are 20,000 square feet or less.
Approve a building permit plan review for proposed affordable housing developments within 60 days, and
prioritize a building permit plan review for affordable housing projects over other development projects.
(Section 1 for counties; Section 4 for municipalities.)
The bill also prohibits local governments from imposing a building moratorium that has the effect of delaying the
permitting of construction of a multifamily project that would otherwise qualify for:
An affordable housing ad valorem tax exemption.9
Any grant, loan or other incentive provided for the development of affordable housing under ch. 420, F.S.
Any abatement of development restrictions.10 (Section 1 for counties; Section 4 for municipalities.)
The bill creates a cause of action against a local government if a property owner of certain multifamily projects is
adversely affected by a building moratorium imposed in violation of the bill’s provisions. If the court finds that a
local government has committed a violation, the court may provide injunctive relief, compensatory damages, and
reasonable attorney fees and costs,11 not to exceed $100,000, to a prevailing plaintiff. (Section 1 for counties;
Section 4 for municipalities.)
Under the bill, if the owner of an administratively approved proposed development has acted in reliance on that
administrative approval, the owner has a vested right to proceed with development under the relevant laws,
regulations, and ordinances at the time such rights vested, if the property continues to comply with the
requirements of s. 125.01055 (7), F.S., for counties, and s. 163.04151(7), F.S., for municipalities. (Section 1 for
counties; Section 4 for municipalities.)
Miscellaneous
The bill provides that, regardless of terminology used in a local government’s land development regulations, the
following terms are defined as follows:
“Allowable use” means the intended uses identified in a local government’s land development regulations
which are authorized within a zoning category as a use by right, without the requirement to obtain a
variance or waiver. The term does not include uses that are accessory, ancillary, or incidental to the
allowable uses or allowed only on a temporary basis.
9 See ss. 196.1978 and 196.1979, F.S.
10 See s. 125.01055 (7), F.S., for counties, and s. 163.04151(7), F.S., for municipalities.
11 For purposes of these provisions, reasonable attorney fees and costs means the reasonable and necessary attorney fees and
costs incurred for all preparations, motions, hearings, trials, and appeals in a proceeding. The term does not include any
attorney fees or costs directly incurred by or associated with litigation to determine an award of reasonable attorney fees or
costs. (Section 1 for counties; Section 4 for municipalities.)
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4
“Commercial use” means activities associated with the sale, rental, or distribution of products or the sale or
performance of services. The term includes, but is not limited to, retail, office, entertainment, and other for-
profit business activities.
“Planned unit development” means an area of land that is planned and developed as a single entity or in
approved stages with uses and structures substantially related to the character of the entire development,
or a self-contained development in which the subdivision and zoning controls are applied to the project as
a whole rather than to individual lots. (Section 1 for counties; Section 4 for municipalities.)
The bill allows the prevailing party in a challenge under s. 125.01055(1), F.S., for counties, or s. 166.04151(1), F.S.,
for municipalities, to recover attorney fees and costs, including reasonable appellate attorney fees and costs,
notwithstanding s. 57.112(6), F.S. (Section 1 for counties; Section 4 for municipalities.)
Impact Fees
Under the bill, qualified developments that are authorized must receive an exception or waiver for 20 percent of
the impact fees for the development of, or construction of the portion of the development that is, affordable
housing. (Section 2.)
Procedure for Adopting Certain Ordinances and Resolutions
The bill requires a local government’s governing body or board of county commissioners (as applicable), which
designates the character of privately owned property as a historical landmark without the consent of the property
owner, to be accompanied by a finding by the governing body, based on substantial competent evidence, that the
historic significance of the subject property is commensurate, to an equal or greater degree, with property that is
already designated as a historic landmark within the municipality. (Section 3.)
Urban Infill and Redevelopment Areas
The bill requires a proposed urban infill development under Florida’s Growth Policy Act to be administratively
approved, without needing a comprehensive plan amendment, rezoning, or variance for the approval. This
requirement is notwithstanding any ordinance to the contrary existing on July 1, 2025. (Section 5.)
Community Planning Act
The bill amends the definitions of the following terms in the Community Planning Act (CPA) to mean:
“Compatibility” means a condition in which land uses or conditions can coexist in relative proximity to each
other in a stable fashion over time such that no use or condition is unduly negatively impacted directly or
indirectly by another use or condition. All residential land use categories are deemed to be compatible with
each other.
“Urban service area” means areas in which public facilities and services, including, but not limited to,
central water and sewer capacity and roads, are already in place or may be expanded by the local
government or the private sector as evidenced by an executed agreement with the local government to
provide urban services within the local government's 20-year planning period. (Section 6.)
The bill prohibits optional elements of a comprehensive plan under the CPA from containing policies that restrict
the density or intensity established in a future land use element. Additionally, the bill:
Requires that where data is relevant to required and optional elements, consistent data must be used,
including population estimates and projects; and
Eliminates the option to use alternative data to justify a plan amendment. (Section 7.)
The bill clarifies that a local government’s future land use element under a comprehensive plan must discourage
the proliferation of urban sprawl by planning for future development in a manner consistent with the CPA’s
requirements for elements of a comprehensive plan. (Section 7.)
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The bill requires the approval of an increase in height or floor area ratio in a local government’s land development
regulations by a local government, commission, council, or board to be by ordinance with a simple majority vote.
For purposes of these provisions, “floor area ratio” includes floor lot area. (Section 8.)
Accessory Dwelling Units
The bill requires local governments to adopt an ordinance to allow accessory dwelling units (ADUs) in any area
zoned for single-family residential use. The bill prohibits local governments from unreasonably increasing (or in
effect unreasonably increasing) the cost to construct, in effect prohibiting the construction of, or extinguishing the
ability to otherwise construct, an ADU. Such regulation does not include:
Restrictions on the terms of rentals that do not apply generally to other housing in the same district or
zone.
Parking requirements and minimum lot size requirements that do not apply generally to other housing in
the same district or zone, other lot design regulations that unreasonably increase the cost to construct, or
unreasonably extinguish the ability to construct an accessory dwelling unit on a lot.
Discretionary conditional use permit procedures or standards that do not apply generally to other housing
in the same district or zone. (Section 9.)
The bill removes the requirement for a building permit application to construct an ADU to include an affidavit from
the applicant which attests that the unit will be rented at an affordable rate to an extremely-low-income, very-low-
income, low-income, or moderate-income person or persons. (Section 9.)
Beginning October 1, 2025, and by October 1 every year thereafter, the bill requires local governments to submit
an annual report to the Department of Commerce (Department), in a form and manner prescribed by the
Department, and post publicly on its website, the following information for the previous fiscal year:
The number of applications to construct new ADUs, the number of new ADUs that have been approved, and
the number of new ADUs that have been denied, including the reason for denial.
The number of allowable ADUs located in the jurisdiction; the number of ADUs, attached or unattached,
which are not allowed by an ordinance; and the number of single-family homes in a zoning district in which
ADUs are allowed by an ordinance. (Section 9.)
The bill authorizes the Department to adopt rules to administer and enforce the above reporting requirements.
(Section 9.)
Homestead Exemption
The bill prohibits the owner of a property with an ADU from being denied a homestead exemption or homestead
property assessment limitation solely on the basis of the property containing an ADU which may be rented. Under
the bill, if the ADU is rented by the property owner:
The assessment of the ADU must be separated from the homestead property.
The rental of the ADU by the owner may not be construed as an abandonment of the dwelling previously
claimed to be a homestead,12 provided the dwelling is physically occupied by the owner. (Section 9.)
If an ADU is not rented by the property owner, the bill requires the assessment of the ADU to be considered part of
the homestead property. (Section 9.)
Affordable Housing Property Exemption
For property to be eligible for a local government’s affordable housing property exemption, the bill requires a
portion of the property to be:
Used to house natural persons or families whose household income meets certain requirements;13
12 See s. 196.061, F.S.
13 See s. 196.1979(1)(a)1., F.S.
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Within a multifamily project containing at least the minimum number of residential units as defined by the
local government. A local government may set a minimum residential unit threshold that deems a property
eligible for the exemption for properties that exceed 15,000 square feet, at a minimum of 5 units not to
exceed a minimum of 50 residential units; or
An ADU (Section 10.)
Under the bill, qualified properties may receive an ad valorem property tax exemption up to 100 percent of the
assessed value of an ADU on the property if the ADU is used to provide affordable housing that meets the
requirements of s. 196.1979, F.S. (Section 10.)
Airport Zoning Regulations
The bill clarifies that local governments are not required to authorize an affordable housing development that is
located within one-quarter of a mile laterally from the edge of an airport’s runway and within an area that is the
width of one-quarter of a mile extending at right angles from the end of the runway for a distance of 10,000 feet of
any runway for an existing commercial service airport or planned commercial service airport runway identified in
the local government’s airport master plan. For purposes of these provisions, “commercial service airport” means a
primary airport as defined in 49 U.S.C. § 47102 which is classified as a large, medium, or small hub airport by the
Federal Aviation Administration.14 (Section 11.)
Housing for Veterans and Essential Service Employees
The bill requires the Florida Housing Finance Corporation (Corporation) to finance projects that provide housing
near military installations and U.S. Department of Veterans Affairs medical centers or outpatient clinics in the state,
with preference given to projects that incorporate critical services for servicemembers, their families, and
veterans, such as mental health treatment services, employment services, and assistance with transition from
active-duty service to civilian life. (Section 12.)
The bill also requires the Corporation to finance projects that provide housing in areas of critical housing shortage
for essential service and high-demand career employees through a public-private housing partnership agreement
with major public and private sector employers for whom housing shortages are affecting recruitment and
retention of workers. Additionally, the bill:
Requires private sector employers to provide land and financial support for the housing projects under
these provisions.
Prohibits housing under these provisions from being exclusive to any specific employee group. (Section
12.)
Expedited Foreclosure Proceedings for Abandoned Real Property
The bill allows a claimant, in a foreclosure proceeding under Florida’s laws for foreclosure of mortgages and
statutory liens,15 to file a motion with the trial court for a judicial determination that certain residential real
property is abandoned real property. The bill requires the claimant to file a sworn affidavit with the trial court
attesting that the residential real property is abandoned real property, and any other relevant documentation,
including photographic documentation. Upon filing of the motion, the bill requires the trial court to set the date
and time for a hearing on the motion, which must be conducted at least 15 days but no more than 25 days after the
filing of the motion. (Section 13.)
Under the bill, the claimant must:
Give written notice to the homeowner of the abandoned property and to each known delinquent party.
Promptly send or deliver notice to the last known mailing address, e-mail address, and telephone number
of the homeowner and to each known delinquent party. The notice must:
14 See s. 332.0075(1)(a), F.S.
15 See ch. 702, F.S.
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o State that a motion has been filed with the trial court to make a judicial determination as to
whether the residential real property is abandoned real property and that a hearing regarding the
motion has been set.
o State the contact information of the trial court to which the motion was filed and the date and
location of the hearing on the motion.
o State the bill’s definition of abandoned real property.
o State the possible outcomes if the court makes a judicial determination that the residential real
property is abandoned real property, including the possibility of an expeditious foreclosure on the
property.
o State that the homeowner or delinquent party has the right to file an affidavit attesting to legal
residence at the property, or any other documentation of legal residence at the property, at the time
of the hearing and may appear personally or by way of an attorney at the hearing.
o State that a mortgagor, lawful occupant, or adverse possessor of the residential real property may
contact the trial court for information about the motion and hearing or to object on the record to
the motion.
o Provide copies of the motion and any documentation in support of the motion, including
photographic and other relevant documentation.
Conspicuously post on the residential real property a notice printed in at least 12-point uppercase and
boldfaced type. The posted notice must also include the information required for the mailed and e-mailed
notice described above.
File with the trial court photographic documentation of compliance with these provisions after posting the
notice on the residential real property. (Section 13.)
At the hearing on the motion, if the trial court finds by a preponderance of the evidence that the residential real
property is abandoned real property, the bill requires the court to render a declaratory judgment in favor of the
claimant and immediately proceed to a trial of foreclosure. If the trial court finds at the foreclosure trial that the
abandoned real property meets all requirements necessary to enter a judgement of foreclosure, the bill requires
the court to promptly order the clerk to schedule a public sale of the abandoned real property. (Section 13.)
The bill provides that if a mortgagor, lawful occupant, or person claiming adverse possession of the abandoned
property objects to the trial court's judicial determination described above and submits the appropriate
documentation with the court, the court may not enter a declaratory judgment in favor of the claimant. If, however,
sufficient evidence is presented to the court that the property is not abandoned real property, the court shall
rescind the orders it previously issued. (Section 13.)
Under the bill, residential real property is considered abandoned if the homeowner or delinquent party delivers a
written, signed statement declaring the residential real property to be abandoned; or if the property is residential
real property that a homeowner does not continue to occupancy or use, and at least three of the following
indications of abandonment are met:
Furnishings and personal items consistent with residential occupancy are not present on the property;
Public utility services, such as gas, electric, or water utilities, are disconnected;
Windows on the property are boarded up or closed off; smashed, broken, or unhinged; or window panes
are broken and unrepaired;
Statements are provided by neighbors, delivery agents, or government employees that the property is
vacant;
Doors on the property are substantially damaged, broken, unhinged, or conspicuously open;
The property is stripped of copper or any other nonferrous metal, including, but not limited to, copper,
copper alloy, brass, aluminum, bronze, lead, zinc, nickel, and alloys thereof, or any interior fixtures are
removed;
At least one report has been received by law enforcement officials of trespassing, vandalism, or other illegal
activity on the property within the immediately preceding 6 months;
The property has been declared unfit for occupancy and ordered to remain vacant and unoccupied under
an order issued by a municipal authority or county authority, or by a court of competent jurisdiction;
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Construction has been initiated on the property but is discontinued before completion, leaving the property
unsuitable for occupancy, and construction has not taken place for at least 12 months;
Newspapers, circulars, flyers, or mail has accumulated on the property or the United States Postal Service
has discontinued delivery to the property;
Rubbish, trash, debris, neglected vegetation, or natural overgrowth has accumulated on the property;
Hazardous, noxious, or unhealthy substances or materials have accumulated on the property;
The homeowner or a representative for the property cannot be reached after a credible attempt to
communicate; or
Other credible indications exist indicating that the homeowner has vacated and abandoned the property.
(Section 13.)
The above provisions do not apply to residential real property that is:
Subject to an action to quiet title;
Subject to a probate action;
The subject of any other litigation where the ownership of the property is actively disputed;
An unoccupied dwelling or building undergoing construction, renovation, or any other manner of
rehabilitation, which complies with all applicable state and local permitting requirements and regulations.
(Section 13.)
Prohibited Discrimination in Land Use Decisions
The bill clarifies that it is unlawful to discriminate in land use decisions or the permitting of development based on
race, color, national origin, sex, disability, familial status, religion, or, except as other provided by law, the source of
financing of a development or proposed development or based on the development or proposed development
being affordable housing. (Section 14.)
To ensure that courts may assess damages for claims filed under the above provisions, the bill waives sovereign
immunity for the state, its agencies, and its political subdivisions for causes of action based on the application of
the above provisions. The waiver, however, is limited only to actions brought under those provisions. A violation of
the provisions may be remedied as provided in Florida’s Fair Housing Act.16 (Section 14.)
The Legislature’s intent is that the bill’s changes to the above provisions are remedial and clarifying in nature. The
bill’s changes apply retroactively for any causes of action filed on or before the effective date of the bill, which is
July 1, 2025. (Section 15.)
District School Board’s Surplus Land Programs
The bill requires a district school board to use portions of school sites purchased within the guidelines of the State
Requirements for Educational Facilities land deemed not usable for educational purposes because of location or
other factors, or land declared as surplus by the board. The bill also requires each district school board’s most
recent and all future educational plan surveys to be updated to include an inventory of surplus lands. (Section 17.)
Additionally, the bill requires a district school board to adopt best practices for surplus land programs, including,
but not limited to:
Establishing eligibility criteria for the receipt or purchase of surplus land by developers.
Making the process for requesting surplus lands publicly available.
Ensuring long-term affordability through ground leases by retaining the right of first refusal to purchase
property that would be sold or offered at market rate and by requiring reversion of property not used for
affordable housing within a certain timeframe. (Section 17.)
The bill has an effective date of July 1, 2025. (Section 18.)
16 See s. 760.35, F.S.
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RULEMAKING:
The bill authorizes the Department of Commerce (Department) to adopt rules to administer and enforce the bill’s
reporting requirements for local governments relating to accessory dwelling units, including the form that local
governments will use to submit the reports. (Section 9.)
Lawmaking is a legislative power; however, the Legislature may delegate a portion of such power to executive
branch agencies to create rules that have the force of law. To exercise this delegated power, an agency must
have a grant of rulemaking authority and a law to implement.
FISCAL OR ECONOMIC IMPACT:
LOCAL GOVERNMENT:
The bill has an indeterminate impact on local governments that are subject to the bill’s requirements to authorize
the development of affordable housing.
PRIVATE SECTOR:
The bill has an indeterminate positive impact on the private sector to the extent that the bill facilitates, and results
in an increase in the availability of, affordable housing in the state.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Affordable Housing
Housing is considered affordable when monthly rents or monthly mortgage payments, including taxes, insurance,
and utilities, do not exceed 30 percent of a family’s gross income.17 Over 2.4 million low-income Florida households
pay more than 30% of their incomes towards housing, which is the maximum amount considered affordable by
experts.18 Over half of these households, or 1.3 million low-income households, spend more than 50% of their
income towards housing costs.19 This makes it difficult for those households to save for retirement or emergencies
and difficult to afford other necessities such as food and childcare.20
Eligibility to participate in Florida’s state and federally-funded housing programs is determined by area median
income (AMI) or statewide median family income, which is published annually by the United States Department of
Housing and Urban Development (HUD).21 In Florida, the current statewide AMI for a family of four is $88,600 (as
family size changes, the income range also varies):22
Extremely-low-income – earning up to 30 percent AMI (at or below $26,600);23
Very-low-income – earning from 30.01 to 50 percent AMI ($26,601 to $44,300);24
Low-income – earning from 50.01 to 80 percent AMI ($44,301 to $70,900);25 and
Moderate-income – earning from 80.01 to 120 percent of AMI ($70,901 to $106,320).26
17 S. 420.0004(3), F.S.
18 Florida Housing Coalition, 2024 Home Matters Report, p. 2. https://flhousing.org/wp-content/uploads/2024/08/FHC-2024-
Home-Matters-Report.pdf (last visited Mar. 21, 2025).
19 Id.
20 Id.
21 See U.S. Dept. of Housing and Urban Development: Office of Policy Development and Research, Income Limits,
https://www.huduser.gov/portal/datasets/il.html#documents_2024 (last visited Mar. 21, 2025).
22 U.S. Dept. of Housing and Urban Development: Office of Policy Development and Research, FY 2024 State Income Limits:
Florida,
https://www.huduser.gov/portal/datasets/il/il2024/2024summary.odn?inputname=STTLT*1299999999%2BFlorida&select
ion_type=county&stname=Florida&statefp=12.0&year=2024 (last visited Mar. 21, 2025).
23 Id. See also s. 420.0004(9), F.S.
24 Supra note 22. See also s. 420.0004(17), F.S.
25 Supra note 22. See also s. 420.0004(11), F.S.
26 Supra note 22. See also s. 420.0004(12), F.S.
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As of 2024, Florida had only 24 affordable and available rental units for every 100 extremely low-income renters.27
In addition, there were little to no communities in Florida that could provide enough housing to support this group
of renters, which is primarily made up of low-income workers, retirees, and people with disabilities.28
Florida Housing Finance Corporation
The Florida Housing Finance Corporation (Corporation) was created in 1997 as a public-private entity to assist in
providing a range of affordable housing opportunities for Floridians.29 The Corporation is held by the state and
housed within the Department of Commerce (Department).30 Additionally, the Corporation is a separate budget
entity and its operations are not subject to control, supervision, or direction by the Department.31
The Corporation’s mission is to increase the supply of safe, affordable housing for individuals and families in
Florida.32 The Corporation encourages the investment of private capital and facilitates public and private sector
housing partnerships.33 As a financial institution, the Corporation administers federal and state resources to
finance the development and preservation of affordable rental housing and assist homebuyers with financing and
down payments.34
The Corporation may prevent an applicant or an applicant’s affiliate from participating in any of its programs
under certain circumstances if the applicant or affiliate has:
Made a material misrepresentation or engaged in fraudulent actions in connection with any Corporation
program;
Been convicted or found guilty of, or entered a plea of guilty or nolo contendere35 to, a crime in any
jurisdiction which directly relates to the financing, construction, or management of affordable housing or
the fraudulent procurement of state or federal funds;
Been excluded from any federal funding program related to providing housing, including debarment from
participation in federal housing programs by the U.S. Department of Housing and Urban Development;
Been excluded from any federal or Florida procurement programs;
Offered or given consideration, other than the consideration to provide affordable housing, with respect to
a local contribution;
Demonstrated a pattern of noncompliance and a failure to correct any such noncompliance after notice
from the Corporation in the construction, operation, or management of one or more developments funded
through a Corporation program; or
Materially or repeatedly violated any condition imposed by the corporation in connection with the
administration of a corporation program, including a land use restriction agreement, an extended use
agreement, or any other financing or regulatory agreement with the corporation.36
Land Use for Affordable Housing Development
27 Supra note 18, at p. 2.
28 Id.
29 See ch. 97-167, Laws of Fla.
30 S. 420.504(1), F.S.
31 S. 420.504(3), F.S.
32 S. 420.502, F.S. See also Florida Housing Finance Corporation, About Florida Housing,
https://www.floridahousing.org/about-florida-housing/ (last visited Mar. 21, 2025);
33 S. 420.502, F.S. See also Office of Program Policy Analysis & Government Accountability, Report No. 09-S15: Florida Housing
Finance Corporation Overview, The Florida Legislature Sunset Review, Jan. 2009, p. 1.
https://oppaga.fl.gov/Documents/Reports/09-15S.pdf (last visited Mar. 21, 2025).
34 See Florida Housing Finance Corporation, About Florida Housing, https://www.floridahousing.org/about-florida-housing/
(last visited Mar. 21, 2025).
35 By entering a plea of nolo contendere, a defendant does not admit the allegations of the charge against him or her in a
technical sense, but rather represents the defendant’s unwillingness to contest the charge. Grizzard v. State, 881 So. 2d 673, at
676-677 (Fla. Dist. Ct. App. 2004). See also, Vinson v. State, 345 So.2d 711 (Fla.1977); Kelly v. Dep't of Health & Rehab. Serv., 610
So.2d 1375 (Fla. 2d DCA 1992).
36 S. 420.518(1), F.S.
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All development, both public and private, and all development orders37 approved by a local government must be
consistent with the local government’s comprehensive plan.38 The Growth Management Act requires every county
and municipality to create and implement a comprehensive plan to guide future development.39 A comprehensive
plan is intended to provide for the future use of land, which contemplates a gradual and ordered growth, and
establishes a long-range maximum limit on the possible intensity of land use.
A locality’s comprehensive plan lays out the locations for future public facilities, including roads, water and sewer
facilities, neighborhoods, parks, schools, and commercial and industrial developments. A comprehensive plan is
made up of 10 required elements, each laying out regulations for a different facet of development.40
The future land use element designates proposed future general distribution, location, and extent of the uses of
land. Specified use designations include those for residential, commercial, industry, agriculture, recreation,
conservation, education, and public facilities. The approximate acreage and the general range of density or
intensity of use must be provided for each land use category.41 The specific use and intensities for specific parcels
are decided by a more detailed, implementing zoning map.42
The housing element sets forth guidelines and strategies for the creation and preservation of affordable housing
for all current and anticipated future residents of the jurisdiction, elimination of substandard housing conditions,
provision of adequate sites for future housing, and distribution of housing for a range of incomes and types.43
A comprehensive plan is implemented through the adoption of land development regulations44 that are consistent
with the plan and that contain specific and detailed provisions necessary to implement the plan.45 Such regulations
must, among other requirements, regulate the subdivision of land and the use of land for the land use categories in
the land use element of the comprehensive plan.46 Substantially affected persons have the right to maintain
administrative actions that ensure land development regulations are implemented and consistent with the
comprehensive plan.47
Development that does not conform to the comprehensive plan may not be approved by a local government unless
the local government first amends its comprehensive plan. State law requires a proposed comprehensive plan
amendment to receive two public hearings, the first held by the local planning board and subsequently by the
governing board.48 Following the hearings, the local government must transmit the plan to several statutorily
identified reviewing agencies, including the Department of Commerce (Department), for review.49 Most plan
37 “Development order” means any order granting, denying, or granting with conditions an application for a development
permit. See s. 163.3164(15), F.S. “Development permit” includes any building permit, zoning permit, subdivision approval,
rezoning, certification, special exception, variance, or any other official action of local government having the effect of
permitting the development of land. See s. 163.3164(16), F.S.
38 S. 163.3194(3), F.S.
39 S. 163.3167(2), F.S.
40 S. 163.3177(6), F.S. The 10 required elements include capital improvements; future land use plan; transportation; general
sanitary sewer, solid waste, drainage, potable water, and natural groundwater aquifer recharge; conservation; recreation and
open space; housing; coastal management; intergovernmental coordination; and property rights. Throughout statutes exist
plans and programs that may be added as optional elements.
41 S. 163.3177(6)(a), F.S.
42 Richard Grosso, A Guide to Development Order "Consistency" Challenges Under Florida Statutes Section 163.3215, 34 J.
Envtl. L. & Litig. 129, 154 (2019) citing Brevard Cty. v. Snyder, 627 So. 2d 469, 475 (Fla. 1993).
43 S. 163.3177(6)(f), F.S.
44 “Land development regulations” means ordinances enacted by governing bodies for the regulation of any aspect of
development and includes any local government zoning, rezoning, subdivision, building construction, or sign regulations or
any other regulations controlling the development of land, except that this definition does not apply in s. 163.3213. See s.
163.3164(26), F.S.
45 S. 163.3202, F.S.
46 Id.
47 S. 163.3213, F.S.
48 Ss. 163.3174(4)(a), F.S. and 163.3184, F.S.
49 S. 163.3184, F.S.
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12
amendments are placed into the expedited state review process, while plan amendments relating to large-scale
developments are placed into the state coordinated review process.50
Live Local Act
The Live Local Act, which became law in 2023, preempts certain county and municipal zoning and land use
decisions to encourage development of affordable multifamily rental housing in targeted land use areas.51
Specifically, counties and municipalities must allow a multi-family or mixed-use residential52 rental development
in any area zoned for commercial, industrial, or mixed-use if at least 40 percent of the residential units in the
development are rental units that, for a period of at least 30 years, meet certain affordability requirements.53
Local governments are prohibited from restricting the density54 of qualifying developments below the highest
currently allowed density55 on land within its jurisdiction where residential development is allowed and may not
restrict the height below the highest currently allowed height for a commercial or residential development in its
jurisdiction within one mile of the proposed development or three stories, whichever is higher.56 Local
governments are also prohibited from restricting the floor area ratio of a proposed development below 150
percent of the highest currently allowed floor area ratio on land within its jurisdiction where residential
development is allowed.57
An application for a development must be administratively approved, and no further action is required from the
governing body of the local government, if the development satisfies the local government’s land development
regulations for multifamily in areas zoned for such use and is otherwise consistent with the jurisdiction’s
comprehensive plan, with the exception of provisions establishing density, floor area ratios, height, and land use
requirements.58
A local government must consider reducing parking requirements for these developments if they are located
within one-quarter mile of a transit stop, as the term is defined in the local government’s land development code,
and the transit stop is accessible from the development.59
These provisions do not apply to recreational and commercial working waterfronts in industrial areas.60 Qualifying
developments must comply with all other applicable state and local laws and regulations.61
These provisions are effective until October 1, 2033.62
50 See ss. 163.3184 and 380.06, F.S. In the Expedited State Review Process, DEO reviews and approves or amends the proposed
comprehensive plan amendment. This process can take 4 to 6 months. The State Coordinated Review Process is a more
thorough, complex, multi-phase process. For more information, see Florida Commerce, Amendments that Must Follow the State
Coordinated Review Process; Procedures and Timeframes, https://floridajobs.org/community-planning-and-
development/programs/community-planning-table-of-contents/amendments-that-must-follow-the-state-coordinated-
review-process-procedures-and-timeframes (last visited Mar. 21, 2025).
51 Ch. 2023-17, ss. 3, 5, Laws of Fla., codified as ss. 125.01055(7), F.S. and 166.04151(7), F.S.
52 For mixed-use residential, at least 65 percent of the total square footage must be used for residential purposes. Ss.
125.01055(7)(a) and 166.04151(7)(a), F.S.
53 Ss. 125.01055(7)(a) and 166.04151(7)(a), F.S.
54 “Density” means an objective measurement of the number of people or residential units allowed per unit of land, such as
residents or employees per acre, see s. 163.3164(12), F.S.
55 For purposes of the Live Local Act, “highest currently allowed density” does not include the density of any building that met
the requirements of the Live Local Act or the density of any building that has received any bonus, variance, or other special
exception for density provided in the local government’s land development regulations as an incentive for development. Ss.
125.01055(7)(b) and 166.04151(7)(b), F.S.
56 Ss. 125.01055(7)(b) and 166.04151(7)(b), F.S.
57 Ss. 125.01055(7)(c) and 166.04151(7)(c), F.S.
58 Ss. 125.01055(7)(e) and 166.04151(7)(e).
59 Ss. 125.01055(7)(f) and 166.04151(7)(f).
60 Ss. 125.01055(7)(k) and 166.04151(7)(k).
61 Ss. 125.01055(7)(i) and 166.04151(7)(i).
62 Ss. 125.01055(7)(l) and 166.04151(7)(l), F.S.
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Ad Valorem Tax Exemption for Affordable Housing
The ad valorem tax or “property tax” is an annual tax levied by counties, municipalities, school districts, and some
special districts. The tax is based on the taxable value of property as of January 1 of each year.63 The property
appraiser annually determines the “just value”64 of property within the taxing jurisdiction and then applies
relevant exclusions, assessment limitations, and exemptions to determine the property’s “taxable value.”65 Tax bills
are mailed in November of each year based on the previous January 1 valuation, and payment is due by March 31
of the following year.
The Florida Constitution prohibits the state from levying ad valorem taxes,66 and it limits the Legislature’s
authority to provide for property valuations at less than just value, unless expressly authorized.67
Ad Valorem Tax Exemption for Newly Constructed Affordable Housing
The Live Local Act established a new ad valorem tax exemption for owners of newly constructed multifamily rental
developments who use a portion of the development to provide affordable housing.68 Eligible property includes
units in a newly constructed multifamily development containing more than 70 units dedicated to housing natural
persons or families below certain income thresholds.69 However, units subject to an agreement with the
Corporation are not eligible for the exemption.70
“Newly constructed” is defined as an improvement substantially completed within five years before the property
owner’s first application for a certification notice.71 The units must be occupied by such individuals or families and
rent limited so as to provide affordable housing at either the 80 or 120 percent AMI threshold.72 Rent for such units
may not exceed 90 percent of the fair market value of rent as determined by a rental market study.73
Qualified property used to provide affordable housing at the 80 to 120 percent AMI threshold receives an
exemption of 75 percent of the assessed value of the affordable units, while such property providing affordable
housing up to the 80 percent AMI threshold receives a complete ad valorem tax exemption for the affordable
units.74 When determining the value of a unit for purposes of applying an exemption, the property appraiser must
include in such valuation the proportionate share of the residential common areas, including the land, fairly
attributable to the unit.75
To receive this exemption, a property owner must apply by March 1 to the property appraiser, accompanied by a
certification notice from the Corporation.76 To receive the Corporation’s certification, a property owner must
submit a request on a form including the most recent market study, which must have been conducted by an
63 Both real property and tangible personal property are subject to tax. S. 192.001(12), F.S., defines “real property” as land,
buildings, fixtures, and all other improvements to land. S. 192.001(11)(d), F.S., defines “tangible personal property” as all
goods, chattels, and other articles of value capable of manual possession and whose chief value is intrinsic to the article itself.
64 Property must be valued at “just value” for purposes of property taxation, unless the Florida Constitution provides
otherwise. FLA. CONST. art VII, s. 4. Just value has been interpreted by the courts to mean the fair market value that a willing
buyer would pay a willing seller for the property in an arm’s-length transaction. See Walter v. Shuler, 176 So. 2d 81 (Fla. 1965);
Deltona Corp. v. Bailey, 336 So. 2d 1163 (Fla. 1976); Southern Bell Tel. & Tel. Co. v. Dade County, 275 So. 2d 4 (Fla. 1973).
65 See s. 192.001(2) and (16), F.S., F.S.
66 FLA. CONST. art. VII, s. 1(a).
67 See FLA. CONST. art. VII, s. 4.
68 Ch. 2023-17, s. 8, Laws of Fla, codified as s. 196.1978(3), F.S.
69 S. 196.1978(3)(b), F.S.
70 S. 196.1978(3)(j), F.S.
71 S. 196.1978(3)(a)2., F.S.
72 S. 196.1978(3)(b)1., F.S.
73 S. 196.1978(3)(b)3., F.S.
74 S. 196.1978(3)(d)1., F.S.
75 S. 196.1978(3)(d)2., F.S.
76 S. 196.1978(3)(e), F.S.
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independent certified general appraiser in the preceding three years, a list of units for which the exemption is
sought, the rent amount received for each unit, and a sworn statement restricting the property for a period of not
less than three years to provide affordable housing.77
The certification process is administered within the Corporation. The Corporation is responsible for publishing the
deadline for submission, reviewing each request, sending certification notices to both the successful property
owner and the appropriate property appraiser, and notifying unsuccessful property owners and providing reasons
for the denial.78
This exemption first applied to the 2024 tax roll and will expire on December 31, 2059.
Local Option Affordable Housing Ad Valorem Exemption
The Live Local Act authorizes counties and municipalities to enact an ad valorem tax exemption for certain
property used for providing affordable housing.79
Portions of property eligible for the exemption must be utilized to house persons or families meeting the
extremely-low- limit80 or with incomes between 30 to 60 percent of AMI, be contained in a multifamily project of at
least 50 units where at least 20 percent are reserved for affordable housing, and have rent set such that it provides
affordable housing to people in the target income bracket, or no higher than 90 percent of the fair market rent
value as determined by a rental market study, whichever is less.81
Additionally, the property must not have been cited for code violations on three or more occasions in the preceding
24 months and must not have outstanding code violations or related fines.82
In adopting this exemption, a local government may choose to offer either or both an exemption for extremely-low-
income (up to 30 percent AMI) and for incomes between 30 to 60 percent AMI targets. The value of the exemption
is up to 75 percent of the assessed value of each unit if less than 100 percent of the multifamily project’s units are
used to provide affordable housing, or up to 100 percent of the assessed value if all of the project’s units are used
to provide affordable housing.83
77 S. 196.1978(3)(f), F.S.
78 S. 196.1978(3)(g), F.S.
79 Ch. 2023-17, s. 9, Laws of Fla., codified as s. 196.1979, F.S.
80 s. 420.0004(9), F.S.
81 S. 196.1979(1)(a)1.-3., F.S.
82 S. 196.1979(1)(a)4., F.S.
83 S. 196.1979(1)(b), F.S.
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An ordinance enacting such an exemption must:
Be adopted under normal non-emergency procedures.
Designate the local entity under the supervision of the governing body that must develop, receive, and
review applications for certification and develop notices of determination of eligibility.
Require the property owner to apply for certification on a form including the most recent market study,
which must have been conducted by an independent certified general appraiser in the preceding three
years; a list of units for which the exemption is sought; and the rent amount received for each unit.
Require the designated entity to verify and certify the property as having met the requirements for the
exemption, and notify unsuccessful applicants with the reasons for denial.
Set out the requirements for each unit discussed above.
Require the property owner to submit an application for exemption accompanied by certification to the
property appraiser by March 1.
Specify that such exemption only applies to taxes levied by the unit of government granting the exemption.
Specify that the property may not receive such an exemption after the expiration of the ordinance granting
the exemption.
Identify the percentage of assessed value to be exempted, and whether such exemption applies to very-low-
income, extremely-low-income, or both.
Require that the deadline to submit an application and a list of certified properties be published on the
local government’s website.84
The ordinance must expire before the fourth January 1 after adoption; however, the local governing body may
adopt a new ordinance renewing the exemption.85
If the property appraiser determines that such an exemption has been improperly granted within the last 10 years,
the property appraiser must serve the owner with a notice of intent to record a tax lien. Such property will be
subject to the taxes improperly exempted, plus a penalty of 50 percent and 15 percent annual interest. Penalty and
interest amounts do not apply to exemptions erroneously granted due to clerical mistake or omission by the
property appraiser.86
Accessory Dwelling Units
The Legislature has taken measures in recent years to address Florida’s need for more affordable housing.87 One of
those measures included encouraging the construction of accessory dwelling units (ADUs) in single-family
residential areas to increase the availability of affordable rentals.
An ADU is an ancillary or secondary living unit that has a separate kitchen, bathroom, and sleeping area, existing
either within the same structure, or on the same lot, as the primary dwelling unit.88 ADUs can go by many different
names such as “carriage house,” “mother-in-law suite,” or “coach house,” and are quite common throughout the
United States.89
ADUs offer benefits to both individual homeowners and the wider communities where they exist.90 For individuals,
ADUs:
Allow families to provide care to aging or disabled relatives, while still providing those relatives some
independence.
Provide young adults an affordable housing option as a first step after college.
May be a source of rental income to the landowner.91
84 S. 196.1979(3), F.S.
85 S. 196.1979(5), F.S.
86 S. 196.1979(6), F.S.
87 See chs. 2023-17, and 2024-188, Laws of Fla.
88 S. 163.31771(2)(a), F.S.
89 City of Tallahassee: Growth Management Department, Zoning Spotlight: Accessory Dwelling Units, March 2024, p. 1.
https://www.talgov.com/uploads/public/documents/growth/zoning_spot_231010.pdf (last visited Mar. 21, 2025).
90 Id.
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For the wider community, ADUs:
Are a more affordable housing alternative compared to a single-family residence or apartment unit with
costly neighborhood and amenity fees.
Create diverse neighborhoods with a variety of residents of different ages and backgrounds.92
Under current law, local governments in Florida are authorized – but not required – to adopt ordinances that
allows ADUs in any area zoned for single-family residential use.93 An application for a permit to construct an ADU
must be accompanied by an affidavit from the applicant in which the applicant attests that the unit will be rented at
an affordable rate to extremely-low-income, very-low-income, low-income, or moderate-income persons.94
Impact Fees
Impact fees are a type of regulatory fee “imposed by local governments against new development to provide for
capital facilities’ costs made necessary by population growth. Rather than imposing the costs of these additional
capital facilities upon the general public, the purpose of impact fees is to shift the expense burden to newcomers.”95
Examples of capital facilities include the provision of additional water and sewer systems, schools, libraries, parks
and recreation facilities.96 Impact fees are typically assessed using a fee schedule that sets forth the charge per type
of dwelling unit or per square footage of floor space.97 The charges are usually paid at the time the building permit
is approved.98
The Florida Impact Fee Act (Act) provides requirements and procedures to be followed by a county, municipality,
or special district when it adopts an impact fee.99 These requirements include basing an impact fee’s calculation on
recent and localized data and detailed accounting and reporting of collections and expenditures.100
Under the Act, a local government, school district, or special district may increase an impact fee rate beyond
certain phase-in limitations101 by establishing the need for the increase, provided the following criteria are met:
A demonstrated-need study justifying any increase in excess of those authorized by the Act has been
completed within the 12 months before the adoption of the impact fee increase and expressly
demonstrates the extraordinary circumstances necessitating the need to exceed the phase-in limitations.
The local government jurisdiction has held not less than two publicly noticed workshops dedicated to the
extraordinary circumstances necessitating the need to exceed the phase-in limitations set forth in the Act.
The impact fee increase ordinance is approved by at least a two-thirds vote of the governing body.102
91 Id.
92 Id.
93 S. 163.31771(3), F.S.
94 S. 163.31771(4), F.S.
95 Florida’s Office of Economic and Demographic Research, Local Government Financial Information Handbook (Nov. 2016), p.
13, https://edr.state.fl.us/Content/local-government/reports/lgfih16.pdf (last visited Mar. 21, 2025).
96 Florida Housing Finance Corporation, Overview of Impact Fees and Affordable Housing (Oct. 2017), p. 1,
https://www.floridahousing.org/docs/default-source/aboutflorida/august2017/october2017/TAB_3.pdf (last visited Mar.
21, 2025).
97 Id.
98 Id.
99 S. 163.31801, F.S.
100 Supra note 95, p. 1.
101 For purposes of this section in the Act, the phase-in limitations include the following:
An increase to a current impact fee rate of not more than 25 percent of the current rate must be implemented in two
equal annual increments beginning with the date on which the increased fee is adopted.
An increase to a current impact fee rate which exceeds 25 percent but is not more than 50 percent of the current rate
must be implemented in four equal installments beginning with the date the increased fee is adopted.
An impact fee increase may not exceed 50 percent of the current impact fee rate.
An impact fee may not be increased more than once every 4 years. S. 163.31801(6)(b)–(e), F.S.
102 S. 163.31801(6)(g), F.S.
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Growth Policy Act
Under Florida’s Growth Policy Act, a local government may designate a geographic area within its jurisdiction as an
urban infill and redevelopment area for the purpose of targeting economic development, job creation, housing,
transportation, crime prevention, neighborhood revitalization and preservation, and land use incentives to
encourage urban infill and redevelopment within the urban core.103 As part of the preparation and implementation
of an urban infill and redevelopment plan, a collaborative community participation process must be implemented
to include each neighborhood within the area targeted for designation as an urban infill and redevelopment
area.104
Under current law, for a local government to designate an urban infill and redevelopment area, it must amend its
comprehensive land use plan to delineate the boundaries of the urban infill and redevelopment area within the
future land use element of its comprehensive plan pursuant to its adopted urban infill and redevelopment plan.105
After the preparation of an urban infill and redevelopment plan or designation of an existing plan, the local
government must adopt the plan by ordinance. Notice for the public hearing on the ordinance must be in the form
established in s. 166.041(3)(c)2., F.S., for municipalities, and s. 125.66(5)(b)2., F.S., for counties.106
Florida’s Homestead Exemption
Property owners in Florida may be eligible for exemptions and additional benefits that can reduce their property
tax liability.107 When someone owns property and makes it his or her permanent residence or the permanent
residence of his or her dependent, the property may be eligible to receive a homestead exemption up to $50,000.108
The first $25,000 applies to all property taxes, including school district taxes.109 The additional exemption up to
$25,000 applies to the assessed value between $50,000 and $75,000 and only to non-school taxes.110
Under current law, if a property owner that qualifies for the homestead tax exemption rents their home to a tenant,
the property could be considered abandoned which could cause the property owner to lose the exemption.111
However, the abandonment of a homestead after January 1 of any year does not affect the homestead exemption
for tax purposes for that particular year unless the property is rented for more than 30 days per calendar year for 2
consecutive years.112
District School Boards
Under Florida law, a district school board may use portions of school sites purchased within the guidelines of the
State Requirements for Educational Facilities,113 land deemed not usable for educational purposes because of
103 S. 163.2517(1), F.S.
104 S. 163.2517(2)(a), F.S.
105 S. 163.2517(4), F.S.
106 S. 163.2517(5), F.S.
107 Department of Revenue, Property Tax Exemptions and Additional Benefits,
https://floridarevenue.com/property/Pages/Taxpayers_Exemptions.aspx#:~:text=When%20someone%20owns%20propert
y%20and,by%20as%20much%20as%20%2450%2C000. (last visited Mar. 21, 2025).
108 Department of Revenue, Property Tax Information for Homestead Exemption (Aug. 2024),
https://floridarevenue.com/property/Documents/pt113.pdf (last visited Mar. 21, 2025). See also s. 196.031, F.S.
109 Department of Revenue, Property Tax Information for Homestead Exemption (Aug. 2024),
https://floridarevenue.com/property/Documents/pt113.pdf (last visited Mar. 21, 2025). See also s. 196.031, F.S.
110 Department of Revenue, Property Tax Information for Homestead Exemption (Aug. 2024),
https://floridarevenue.com/property/Documents/pt113.pdf (last visited Mar. 21, 2025). See also s. 196.031, F.S.
111 The rental of all or substantially all of a dwelling previously claimed to be a homestead for tax purposes shall constitute the
abandonment of such dwelling as a homestead, and the abandonment continues until the dwelling is physically occupied by
the owner. S. 196.061(1), F.S.
112 Id.
113 The State Requirements for Educational Facilities (SREF) are part of the Florida Building Code. SREF requirements apply to
construction, renovation, and remodeling of public educational facilities owned by district school boards and Florida College
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location or other factors, or land declared as surplus by the board to provide sites for affordable housing for
teachers and other district personnel and, in areas of critical state concern, for other essential services personnel
as defined by local affordable housing eligibility requirements, independently or in conjunction with other local
governments and planning authorities.114
Prohibited Discrimination in Land Use and Permitting Decisions
Florida law makes it unlawful to discriminate in land use decisions or in the permitting of development, based on
race, color, national origin, sex, disability, familial status, religious, or except as otherwise provided by law, the
source of financing of a development or proposed development.115 Currently, the state has not waived sovereign
immunity for itself and its agencies and political subdivisions for causes of action based on these provisions.
RECENT LEGISLATION:
YEAR BILL # HOUSE SPONSOR(S) SENATE SPONSOR OTHER INFORMATION
2023 CS/CS/HB 627 Busatta, Lopez, V. Calatayud Approved by the Governor.
Created the Live Local Act.
2024 CS/CS/HB 1239 Lopez, V. Calatayud Approved by the Governor.
Made certain changes to the
Live Local Act.
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Housing, Agriculture & Tourism Curtin Fletcher
Subcommittee
Intergovernmental Affairs
Subcommittee
Civil Justice & Claims
Subcommittee
Commerce Committee
System boards of trustees. See Florida Legislature Office of Program Policy Analysis and Government Accountability, The State
Requirements for Educational Facilities Should Be Retained; Some Modifications Could Be Made (Jan. 2017), Report No. 17-04, at
p. 1, https://fsba.org/wp-content/uploads/2016/02/OPPAGA-SREF-Report-1-31-17.pdf (last visited Mar. 21, 2025). See also
Florida Department of Education, State Requirements for Educational Facilities (Nov. 4, 2014),
https://www.fldoe.org/core/fileparse.php/7738/urlt/srefrule14.pdf (last visited Mar. 21, 2025).
114 S. 1001.43(12), F.S.
115 S. 760.26, F.S.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 943 2025
1 A bill to be entitled
2 An act relating to real property and land use and
3 development; amending ss. 125.01055 and 166.04151,
4 F.S.; requiring the board of county commissioners and
5 the governing body of a municipality, respectively, to
6 approve the development of affordable housing on a
7 parcel owned by a religious institution if certain
8 requirements are met; requiring the board of county
9 commissioners and the governing body of a
10 municipality, respectively, to approve the development
11 of housing that is affordable; providing definitions;
12 requiring counties and municipalities, respectively,
13 to authorize multifamily and mixed-use residential as
14 allowable uses on sites owned by specified entities
15 and in planned unit developments for specified use, if
16 certain conditions are met; requiring counties and
17 municipalities, respectively, to include adjacent land
18 as part of multifamily development, regardless of land
19 use designation, if certain conditions are met;
20 prohibiting counties and municipalities, respectively,
21 from requiring a proposed mixed-use residential
22 development to obtain certain amendments; prohibiting
23 counties and municipalities, respectively, from
24 requiring more than a certain percentage of total
25 square footage to be used for specified purposes;
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26 requiring a specified definition of areas zoned for
27 mixed use; providing that certain affordable or
28 workforce units also qualify as affordable housing;
29 prohibiting counties and municipalities, respectively,
30 from restricting the density of a proposed multifamily
31 or mixed-use residential development below the highest
32 density on or after a specified date; prohibiting
33 counties and municipalities, respectively, from
34 restricting the maximum lot size of a proposed
35 multifamily or mixed-use residential development below
36 the highest maximum lot size on or after a specified
37 date; prohibiting counties and municipalities,
38 respectively, from restricting the floor area ratio of
39 a proposed multifamily or mixed-use residential
40 development below a certain percentage allowed on or
41 after a specified date; prohibiting counties and
42 municipalities, respectively, from restricting the
43 height of a proposed multifamily or mixed-use
44 residential development below the highest height on or
45 after a specified date; revising the ability of
46 counties and municipalities, respectively, to restrict
47 the height of multifamily or mixed-use residential
48 developments that are adjacent specified parcels to
49 the highest height allowed on or after a specified
50 date; requiring administrative approval of proposed
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51 multifamily or mixed-use residential developments
52 without a public hearing in certain instances;
53 prohibiting counties and municipalities, respectively,
54 from initiating or enforcing zoning-in-progress or
55 building moratoriums in certain instances; requiring
56 counties and municipalities, respectively, to maintain
57 on its website a specified policy; requiring a county
58 and municipality, respectively, to reduce certain
59 parking requirements by a specified percentage;
60 requiring counties and municipalities, respectively,
61 to approve, within a specified time frame, building
62 permit plan review for proposed developments;
63 providing for the awarding of attorney fees and costs
64 under certain conditions; providing that if a county
65 or municipality, respectively, adopts an ordinance or
66 resolution, or makes any other decision, after a
67 specified date having certain listed effects, the
68 ordinance, resolution, or decision is deemed
69 preempted; preempting the regulation of affordable
70 housing to the state; providing that the
71 administrative review process of a site plan filed
72 with a county or municipality, respectively, must be
73 based on land development regulations in effect as of
74 the date of filing the application; requiring courts
75 to expedite proceedings and render an order within a
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76 specified timeframe if an action is filed against a
77 local government based on preemption grounds;
78 requiring notice of appeal to be filed and served
79 within a specified timeframe from such judgment;
80 requiring the Supreme Court to adopt rules by a
81 specified date for such expedited proceedings;
82 prohibiting counties and municipalities, respectively,
83 from conditioning review or approval of applications
84 for development permits or orders on the waiver,
85 forbearance, or abandonment of any development right;
86 deeming such actions to be void; providing certain
87 reporting requirements beginning on a specified date;
88 providing reporting requirements; prohibiting the
89 imposition of a building moratorium under certain
90 circumstances; providing that certain property owners
91 have a cause of action; authorizing a court to provide
92 specified relief, costs, and fees; providing a maximum
93 award; providing that certain property owners have
94 specified rights; amending s. 163.31801, F.S.;
95 requiring an exception or waiver for a specified
96 percentage of the impact fees for certain
97 developments; amending s. 166.041, F.S.; revising
98 procedures to require that resolutions with certain
99 subjects be based on a certain finding by the
100 governing body for adoption of such resolutions;
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101 amending s. 163.2517, F.S.; requiring that proposed
102 urban infill developments be administratively
103 approved, notwithstanding any ordinance to the
104 contrary before a specified date; amending s.
105 163.3164, F.S.; revising the definition of the terms
106 "compatibility" and "urban service area"; amending s.
107 163.3177, F.S.; revising considerations when creating
108 a comprehensive plan; revising future land use
109 considerations for urban sprawl; amending s. 163.3167,
110 F.S.; revising the scope of the Community Planning
111 Act; amending s. 163.31771, F.S.; defining the term
112 "department"; requiring local governments to adopt
113 ordinances as they relate to accessory dwelling units;
114 prohibiting local governments from increasing costs of
115 construction of accessory dwelling units; providing
116 exceptions; requiring local governments to submit
117 annual reports beginning on a specified date to the
118 Department of Commerce and post such reports on the
119 local governments' website; requiring the department
120 to post a summary of the reports on its website;
121 providing requirements for the reports; authorizing
122 the department to adopt rules; prohibiting an owner of
123 property with an accessory dwelling unit from being
124 denied a homestead exemption or homestead property
125 assessment limitation solely on the basis of the
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126 property containing an accessory dwelling unit;
127 establishing requirements for homestead purposes if an
128 accessory dwelling unit is rented by the property
129 owner; requiring an accessory dwelling unit that is
130 not rented to be considered part of homestead
131 property; amending s. 196.1979, F.S.; authorizing the
132 board of county commissioners or the governing body of
133 a municipality to exempt specified portions of
134 property within multifamily projects and accessory
135 dwelling units used to provide affordable housing;
136 revising ad valorem property tax exemption provisions
137 for accessory dwelling units; amending s. 333.03,
138 F.S.; revising applicability for certain proposed
139 developments; defining the term "commercial service
140 airport"; amending s. 420.50871, F.S.; expanding the
141 scope of financing of affordable housing projects to
142 include certain housing; creating s. 702.13, F.S.;
143 providing definitions; authorizing the filing of
144 motions to determine whether residential real property
145 is abandoned real property; requiring certain
146 documentation to be filed with such motions; requiring
147 the trial court to set a hearing on such motions
148 within a certain time frame; providing notice
149 requirements; requiring the court to render a
150 declaratory judgment upon certain findings and
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151 immediately proceed to a foreclosure trial; requiring
152 the court to enter a judgment of foreclosure and
153 schedule a public sale of the abandoned real property
154 upon certain findings; prohibiting the court from
155 entering a declaratory judgment in certain instances;
156 requiring the court to rescind its orders in certain
157 instances; providing applicability; amending s.
158 760.26, F.S.; prohibiting discrimination in land use
159 decisions and in permitting of development based on a
160 development or proposed development being affordable
161 housing; providing for waiver of sovereign immunity;
162 limiting such waiver; providing a remedy; providing
163 applicability; amending s. 479.01, F.S.; conforming a
164 cross-reference; amending s. 1001.43, F.S.; requiring
165 district school boards to exercise specified
166 supplemental powers and duties as it related to
167 affordable housing; providing an effective date.
168
169 Be It Enacted by the Legislature of the State of Florida:
170
171 Section 1. Subsections (6), (7), and (8) of section
172 125.01055, Florida Statutes, are amended, and subsections (9)
173 through (12) are added to that section, to read:
174 125.01055 Affordable housing.—
175 (6)(a) Notwithstanding any other law or local ordinance or
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176 regulation to the contrary, the board of county commissioners
177 may approve the development of housing that is affordable, as
178 defined in s. 420.0004, including, but not limited to, a mixed-
179 use residential development, on any parcel zoned for commercial
180 or industrial use if, so long as at least 10 percent of the
181 units included in the project are for housing that is
182 affordable.
183 (b) The board of county commissioners shall approve the
184 development of housing that is affordable if the following
185 requirements are met:
186 1. The owner of the parcel is a religious institution as
187 defined in s. 170.201(2).
188 2. At least 40 percent of the residential units included
189 in the development are for housing that is affordable and the
190 project has an affordability period of at least 30 years.
191 3. The parcel is not located within 500 feet of a military
192 installation, as identified in s. 163.3175(2), or within a
193 commercial service airport as defined in s. 332.0075(1).
194 4. State and local laws and regulations, other than land
195 use or zoning regulations, apply to the parcel.
196 (c) The provisions of This subsection is are self-
197 executing and does do not require the board of county
198 commissioners to adopt an ordinance or a regulation before using
199 the approval process in this subsection.
200 (7)(a) As used in this subsection, regardless of
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201 terminology used in a county's land development regulations, the
202 term:
203 1. "Allowable use" means the intended uses identified in a
204 county's land development regulations which are authorized
205 within a zoning category as a use by right, without the
206 requirement to obtain a variance or waiver. The term does not
207 include uses that are accessory, ancillary, or incidental to the
208 allowable uses or allowed only on a temporary basis.
209 2. "Commercial use" means activities associated with the
210 sale, rental, or distribution of products or the sale or
211 performance of services. The term includes, but is not limited
212 to, retail, office, entertainment, and other for-profit business
213 activities.
214 3. "Industrial use" means activities associated with the
215 manufacture, assembly, processing, or storage of products or the
216 performance of related services.
217 4. "Planned unit development" has the same meaning as in
218 s. 163.3202(5)(b).
219 (b)1.(a) Notwithstanding any other law, local ordinance,
220 or regulation to the contrary, including any local moratorium
221 established after March 29, 2023, a county must authorize
222 multifamily and mixed-use residential as allowable uses on any
223 site owned by the county, a district school board, a religious
224 institution as defined in s. 170.201(2), and in any area zoned
225 for commercial, industrial, or mixed use, any planned unit
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226 development permitted for commercial, industrial, or mixed use,
227 or any zoning district not zoned solely for use as a single-
228 family home or duplex, if at least 40 percent of the residential
229 units in a proposed multifamily or mixed-use residential
230 development are rental units that, for a period of at least 30
231 years, are affordable as defined in s. 420.0004(3) s. 420.0004.
232 A county shall authorize the inclusion of an adjacent parcel of
233 land as part of the multifamily development, regardless of the
234 land use designation of the adjacent parcel, if the residential
235 units to be built on the adjacent parcel comply with the
236 requirements of this subsection.
237 2. Notwithstanding any other law, local ordinance, or
238 regulation to the contrary, a county may not require a proposed
239 multifamily or mixed-use residential development to obtain an
240 amendment to a development of regional impact, amendment to a
241 development agreement, or amendment to a restrictive covenant or
242 a zoning or land use change, special exception, conditional use
243 approval, variance, or comprehensive plan amendment for the
244 building height, zoning, and densities authorized under this
245 subsection.
246 3. For mixed-use residential projects, at least 65 percent
247 of the total square footage must be used for residential
248 purposes. A county may not require more than 10 percent of the
249 total square footage to be used for nonresidential purposes.
250 4. Notwithstanding any local land development regulation
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251 categorization or title, areas zoned for mixed use shall be
252 defined as areas that include both residential and
253 nonresidential uses, regardless of whether the residential or
254 nonresidential uses are permitted as principal use, conditional
255 use, ancillary use, special use, unusual use, accessory use,
256 planned unit development, or planned development. Nonresidential
257 use includes, but is not limited to, retail, office, hotel,
258 lodging, civic, institutional, parking, utilities, or other
259 commercial uses.
260 5. Affordable or workforce units that receive any
261 incentive under subsection (4) also qualify as affordable under
262 this subsection as long as the units satisfy the requirements of
263 s. 420.0004 and the local regulations.
264 (c)(b) A county may not directly restrict or have the
265 effect of restricting the density of a proposed multifamily or
266 mixed-use residential development authorized under this
267 subsection below the highest currently allowed density allowed
268 on or after July 1, 2023, on any unincorporated land in the
269 county where residential development is allowed under the
270 county's land development regulations. For purposes of this
271 paragraph, the term "highest currently allowed density" does not
272 include the density of any building that met the requirements of
273 this subsection or the density of any building that has received
274 any bonus, variance, or other special exception for density
275 provided in the county's land development regulations as an
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276 incentive for development.
277 (d) A county may not directly restrict or in effect
278 restrict the maximum lot size of a proposed multifamily or
279 mixed-use residential development authorized under this
280 paragraph below the highest maximum lot size allowed on or after
281 July 1, 2023, on any unincorporated land in the county where
282 multifamily or mixed-use residential development is allowed
283 pursuant to the county's land development regulations. A county
284 may not restrict the maximum lot coverage of a proposed
285 multifamily or mixed-use residential development authorized
286 under this paragraph below 70 percent.
287 (e)(c) A county may not directly restrict or have the
288 effect of restricting the floor area ratio of a proposed
289 multifamily or mixed-use residential development authorized
290 under this subsection below 150 percent of the highest currently
291 allowed floor area ratio allowed on or after July 1, 2023, on
292 any unincorporated land in the county where development is
293 allowed under the county's land development regulations. For
294 purposes of this paragraph, the term "highest currently allowed
295 floor area ratio" does not include the floor area ratio of any
296 building that met the requirements of this subsection or the
297 floor area ratio of any building that has received any bonus,
298 variance, or other special exception for floor area ratio
299 provided in the county's land development regulations as an
300 incentive for development. For purposes of this subsection, the
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301 term "floor area ratio" includes floor lot ratio.
302 (f)(d)1. A county may not directly restrict or have the
303 effect of restricting the height of a proposed multifamily or
304 mixed-use residential development authorized under this
305 subsection below the highest currently allowed height allowed on
306 or after July 1, 2023, for a commercial or residential building
307 located in its jurisdiction within 1 mile of the proposed
308 development or 3 stories, whichever is higher. For purposes of
309 this paragraph, the term "highest currently allowed height" does
310 not include the height of any building that met the requirements
311 of this subsection or the height of any building that has
312 received any bonus, variance, or other special exception for
313 height provided in the county's land development regulations as
314 an incentive for development.
315 2. If the proposed multifamily or mixed-use residential
316 development is adjacent to, on two or more sides, a parcel zoned
317 for single-family residential use which is within a single-
318 family residential development with at least 25 contiguous
319 single-family homes, the county may restrict the height of the
320 proposed development to 150 percent of the tallest building on
321 any property adjacent to the proposed development, the highest
322 currently allowed height allowed on or after July 1, 2023, for
323 the property provided in the county's land development
324 regulations, or 3 stories, whichever is higher. For the purposes
325 of this paragraph, the term "adjacent to" means those properties
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326 sharing more than one point of a property line, but does not
327 include properties separated by a public road.
328 (g)1.(e) A proposed multifamily or mixed-use residential
329 development authorized under this subsection must be
330 administratively approved and no further action by the board of
331 county commissioners or any quasi-judicial board of the
332 reviewing body is not authorized required if the development
333 satisfies the county's land development regulations for
334 multifamily and mixed-use residential developments in areas
335 zoned for such use, density, intensity, and height, and is
336 otherwise consistent with the comprehensive plan, with the
337 exception of provisions establishing allowable densities, floor
338 area ratios, height, and land use, including mixed use and
339 minimum nonresidential or commercial floor area requirements.
340 The removal or demolition of an existing structure to be
341 performed as part of the proposed development must also be
342 administratively approved. Such land development regulations
343 include, but are not limited to, regulations relating to
344 setbacks and parking requirements.
345 2. A county may not initiate or enforce zoning-in-progress
346 or a building moratorium on a proposed development that is
347 subject to this subsection and for which the county has approved
348 the development's preliminary site plan.
349 3. A proposed development located within one-quarter mile
350 of a military installation identified in s. 163.3175(2) may not
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351 be administratively approved.
352 4. Each county shall maintain on its website a policy
353 containing the zoning map and zoning regulations in effect on
354 July 1, 2023, and the procedures and expectations for
355 administrative approval pursuant to this subsection.
356 (h)(f)1. A county must reduce consider reducing parking
357 requirements by at least 20 percent for a proposed development
358 authorized under this subsection, or by 100 percent for
359 structures that are 20,000 square feet or less if the
360 development is located within one-quarter mile of a transit
361 stop, as defined in the county's land development code, and the
362 transit stop is accessible from the development.
363 2. A county must reduce parking requirements by at least
364 20 percent for a proposed development authorized under this
365 subsection if the development:
366 a. Is located within one-half mile of a major
367 transportation hub that is accessible from the proposed
368 development by safe, pedestrian-friendly means, such as
369 sidewalks, crosswalks, elevated pedestrian or bike paths, or
370 other multimodal design features; or and
371 b. Has available parking within 600 feet of the proposed
372 development which may consist of options such as on-street
373 parking, parking lots, or parking garages available for use by
374 residents of the proposed development. However, a county may not
375 require that the available parking compensate for the reduction
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376 in parking requirements.
377 3. A county must eliminate parking requirements for a
378 proposed mixed-use residential development authorized under this
379 subsection within an area recognized by the county as a transit-
380 oriented development or area, as provided in paragraph (j) (h).
381 4. For purposes of this paragraph, the term "major
382 transportation hub" means any transit station, whether bus,
383 train, or light rail, which is served by public transit with a
384 mix of other transportation options.
385 (i)(g) For proposed multifamily developments in an
386 unincorporated area zoned for commercial or industrial use which
387 is within the boundaries of a multicounty independent special
388 district that was created to provide municipal services and is
389 not authorized to levy ad valorem taxes, and less than 20
390 percent of the land area within such district is designated for
391 commercial or industrial use, a county must authorize, as
392 provided in this subsection, such development only if the
393 development is mixed-use residential.
394 (j)(h) A proposed development authorized under this
395 subsection which is located within a transit-oriented
396 development or area, as recognized by the county, must be mixed-
397 use residential and otherwise comply with requirements of the
398 county's regulations applicable to the transit-oriented
399 development or area except for use, height, density, floor area
400 ratio, and parking as provided in this subsection or as
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401 otherwise agreed to by the county and the applicant for the
402 development.
403 (i) Except as otherwise provided in this subsection, a
404 development authorized under this subsection must comply with
405 all applicable state and local laws and regulations.
406 (k)(j)1. Nothing in this subsection precludes a county
407 from granting a bonus, variance, conditional use, or other
408 special exception for height, density, or floor area ratio in
409 addition to the height, density, and floor area ratio
410 requirements in this subsection.
411 2. Nothing in this subsection precludes a proposed
412 development authorized under this subsection from receiving a
413 bonus for density, height, or floor area ratio pursuant to an
414 ordinance or regulation of the jurisdiction where the proposed
415 development is located if the proposed development satisfies the
416 conditions to receive the bonus except for any condition which
417 conflicts with this subsection. If a proposed development
418 qualifies for such bonus, the bonus must be administratively
419 approved by the county and no further action by the board of
420 county commissioners is required.
421 (l) A county shall approve a building permit plan review
422 for a proposed development within 60 days as authorized under
423 this subsection, and prioritize a building permit plan review
424 for projects authorized under this subsection over other
425 development projects.
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426 (m) Notwithstanding s. 57.112(6), the prevailing party in
427 a challenge under this subsection is entitled to recover
428 attorney fees and costs, including reasonable appellate attorney
429 fees and costs.
430 (n)(k) This subsection does not apply to:
431 1. Airport-impacted areas as provided in s. 333.03.
432 2. Property defined as recreational and commercial working
433 waterfront in s. 342.201(2)(b) in any area zoned as industrial.
434 (o) If a county adopts an ordinance or resolution, or
435 makes any other decision, and such ordinance, resolution, or
436 decision has the effect, either directly or indirectly, of:
437 a. Limiting the height, floor area ratio, or density of a
438 project under this section;
439 b. Unreasonably delaying the development or construction
440 of a project under this section, including, but not limited to,
441 imposing a moratorium;
442 c. Restricting the manner in which affordable units are
443 developed or accessed within a project or regulating the types
444 of units in the project; or
445 d. Restricting or limiting a project under this section in
446 any other way,
447
448 then such ordinance, resolution, or decision shall be deemed
449 preempted. If a property owner files a site plan application
450 under this section with a county, the administrative review
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451 process must be based only on the land development regulations
452 in effect as of the date of filing the application.
453 (p) The regulation of affordable housing under this
454 subsection is expressly preempted to the state. This subsection
455 supersedes any local government ordinances, resolutions, or any
456 other local regulations, including local moratoriums, on matters
457 covered under this subsection.
458 (q) If an action is filed against a local government to
459 challenge the adoption or enforcement of a local ordinance,
460 resolution, or other local regulation on the grounds that it is
461 expressly preempted by general law under this subsection, the
462 court shall expedite the proceeding and render a decision within
463 30 days after service of process. Notice of appeal shall be
464 filed and served within 30 days after the rendition of the
465 judgment appealed from. The Supreme Court shall adopt rules by
466 October 1, 2025, to ensure the proceedings are handled
467 expeditiously and in a manner consistent with this subsection.
468 (r)(l) This subsection expires October 1, 2033.
469 (8) Any development authorized under paragraph (7)(b)
470 (7)(a) must be treated as a conforming use even after the
471 expiration of subsection (7) and the development's affordability
472 period as provided in paragraph (7)(b) (7)(a), notwithstanding
473 the county's comprehensive plan, future land use designation, or
474 zoning. If at any point during the development's affordability
475 period the development violates the affordability period
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476 requirement provided in paragraph (7)(b) (7)(a), the development
477 must be allowed a reasonable time to cure such violation. If the
478 violation is not cured within a reasonable time, the development
479 must be treated as a nonconforming use.
480 (9) A county's review or approval of an application for a
481 development permit or development order may not be conditioned
482 on the waiver, forbearance, or abandonment of any development
483 right authorized by this section. Any such waiver, forbearance,
484 or abandonment is void.
485 (10)(a) Beginning June 30, 2026, each county must provide
486 an annual report to the state land planning agency that
487 includes:
488 1. All litigation initiated under subsection (9), the
489 status of the case, and, if applicable, the final disposition.
490 2. All actions the county has taken on any proposed
491 project under this section, including, at minimum, the project
492 size, density, and intensity, and the number of units and the
493 number of affordable units for such proposed project.
494 3. For any proposed development that is denied or not
495 accepted, all actions the county has taken on such proposed
496 development and an explanation for why such actions were taken.
497 (b) The state land planning agency shall provide an annual
498 report to the Governor, the President of the Senate, and the
499 Speaker of the House of Representatives regarding county
500 compliance with this section.
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501 (11)(a) A county may not impose a building moratorium that
502 has the effect of delaying the permitting of construction of a
503 multifamily project that would otherwise qualify for:
504 1. An affordable housing ad valorem tax exemption under s.
505 196.1978 or s. 196.1979.
506 2. Any grant loan or other incentive provided for the
507 development of affordable housing under chapter 420.
508 3. Any abatement of development restrictions under
509 subsection (7).
510 (b) The property owner of a multifamily project described
511 in paragraph (a), which is adversely affected by a building
512 moratorium imposed in violation of this subsection, has a cause
513 of action against the county. If the court finds that a county
514 has violated this subsection, it may provide injunctive relief,
515 compensatory damages, and reasonable attorney fees and costs,
516 not to exceed $100,000, to a prevailing plaintiff. For purposes
517 of this paragraph, the term "reasonable attorney fees and costs"
518 means the reasonable and necessary attorney fees and costs
519 incurred for all preparations, motions, hearings, trials, and
520 appeals in a proceeding. The term does not include any attorney
521 fees or costs directly incurred by or associated with litigation
522 to determine an award of reasonable attorney fees or costs.
523 (12) If the owner of an administratively approved proposed
524 development has acted in reliance on that approval, the owner
525 has a vested right to proceed with development under the
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526 relevant laws, regulations, and ordinances at the time such
527 rights vested, if the property continues to comply with the
528 requirements of this section.
529 Section 2. Subsection (11) of section 163.31801, Florida
530 Statutes, is amended to read:
531 163.31801 Impact fees; short title; intent; minimum
532 requirements; audits; challenges.—
533 (11)(a) A county, municipality, or special district may
534 provide an exception or waiver for an impact fee for the
535 development or construction of housing that is affordable, as
536 defined in s. 420.9071. If a county, municipality, or special
537 district provides such an exception or waiver, it is not
538 required to use any revenues to offset the impact.
539 (b) Qualified developments authorized pursuant to s.
540 125.01055 or s. 166.04151 shall receive an exception or waiver
541 for 20 percent of the impact fees for the development of, or
542 construction of the portion of the development that is,
543 affordable housing.
544 Section 3. Subsection (2) of section 166.041, Florida
545 Statutes, is amended to read:
546 166.041 Procedures for adoption of ordinances and
547 resolutions.—
548 (2)(a) Each ordinance or resolution shall be introduced in
549 writing and shall embrace but one subject and matters properly
550 connected therewith. The subject shall be clearly stated in the
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551 title. No ordinance shall be revised or amended by reference to
552 its title only. Ordinances to revise or amend shall set out in
553 full the revised or amended act or section or subsection or
554 paragraph of a section or subsection.
555 (b) A resolution, the subject of which designates the
556 character of privately owned property as a historic landmark
557 without the consent of the property owner, shall require a
558 finding by the governing body, based on substantial competent
559 evidence, that the historic significance of the subject property
560 is commensurate, to an equal or greater degree, with property
561 that is already designated as a historic landmark within the
562 municipality.
563 Section 4. Subsections (6), (7), and (8) of section
564 166.04151, Florida Statutes, are amended, and subsections (9)
565 through (12) are added to that section, to read:
566 166.04151 Affordable housing.—
567 (6)(a) Notwithstanding any other law or local ordinance or
568 regulation to the contrary, the governing body of a municipality
569 may approve the development of housing that is affordable, as
570 defined in s. 420.0004, including, but not limited to, a mixed-
571 use residential development, on any parcel zoned for commercial
572 or industrial use if, so long as at least 10 percent of the
573 units included in the project are for housing that is
574 affordable.
575 (b) The governing body shall approve the development of
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576 housing that is affordable if the following requirements are
577 met:
578 1. The owner of the parcel is a religious institution as
579 defined in s. 170.201(2).
580 2. At least 40 percent of the residential units included
581 in the development are for housing that is affordable and the
582 project has an affordability period of at least 30 years.
583 3. The parcel is not located within 500 feet of a military
584 installation, as identified in s. 163.3175(2), or within a
585 commercial service airport as defined in s. 332.0075(1).
586 4. State and local laws and regulations, other than land
587 use or zoning regulations, apply to the parcel.
588 (c) The provisions of This subsection is are self-
589 executing and does do not require the governing body to adopt an
590 ordinance or a regulation before using the approval process in
591 this subsection.
592 (7)(a) As used in this subsection, regardless of
593 terminology used in a municipality's land development
594 regulations, the term:
595 1. "Allowable use" means the intended uses identified in a
596 municipality's land development regulations which are authorized
597 within a zoning category as a use by right, without the
598 requirement to obtain a variance or waiver. The term does not
599 include uses that are accessory, ancillary, or incidental to the
600 allowable uses or allowed only on a temporary basis.
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601 2. "Commercial use" means activities associated with the
602 sale, rental, or distribution of products or the sale or
603 performance of services. The term includes, but is not limited
604 to, retail, office, entertainment, and other for-profit business
605 activities.
606 3. "Industrial use" means activities associated with the
607 manufacture, assembly, processing, or storage of products or the
608 performance of related services.
609 4. "Planned unit development" has the same meaning as in
610 s. 163.3202(5)(b).
611 (b)1.(a) Notwithstanding any other law, local ordinance,
612 or regulation to the contrary, including any local moratorium
613 established after March 29, 2023, a municipality must authorize
614 multifamily and mixed-use residential as allowable uses on any
615 site owned by the municipality, a district school board, a
616 religious institution as defined in s. 170.201(2), and in any
617 area zoned for commercial, industrial, or mixed use, any planned
618 unit development permitted for commercial, industrial, or mixed
619 use, or in any zoning district not zoned solely for use as a
620 single-family home or duplex, if at least 40 percent of the
621 residential units in a proposed multifamily or mixed-use
622 residential development are rental units that, for a period of
623 at least 30 years, are affordable as defined in s. 420.0004(3)
624 s. 420.0004. A municipality shall authorize the inclusion of an
625 adjacent parcel of land as part of the multifamily development,
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626 regardless of the land use designation of the adjacent parcel,
627 if the residential units to be built on the adjacent parcel
628 comply with the requirements of this subsection.
629 2. Notwithstanding any other law, local ordinance, or
630 regulation to the contrary, a municipality may not require a
631 proposed multifamily or mixed-use residential development to
632 obtain an amendment to a development of regional impact,
633 amendment to a development agreement, or amendment to a
634 restrictive covenant or a zoning or land use change, special
635 exception, conditional use approval, variance, or comprehensive
636 plan amendment for the building height, zoning, and densities
637 authorized under this subsection.
638 3. For mixed-use residential projects, at least 65 percent
639 of the total square footage must be used for residential
640 purposes. A municipality may not require more than 10 percent of
641 the total square footage to be used for nonresidential purposes.
642 4. Notwithstanding any local land development regulation
643 categorization or title, areas zoned for mixed use shall be
644 defined as areas that include both residential and
645 nonresidential uses, regardless of whether the residential or
646 nonresidential uses are permitted as principal use, conditional
647 use, ancillary use, special use, unusual use, accessory use,
648 planned unit development, or planned development. Nonresidential
649 use includes, but is not limited to, retail, office, hotel,
650 lodging, civic, institutional, parking, utilities, or other
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651 commercial uses.
652 5. Affordable or workforce units that receive any
653 incentive under subsection (4) also qualify as affordable under
654 this subsection as long as the units satisfy the requirements of
655 s. 420.0004 and the local regulations.
656 (c)(b) A municipality may not directly restrict or have
657 the effect of restricting the density of a proposed multifamily
658 or mixed-use residential development authorized under this
659 subsection below the highest currently allowed density allowed
660 on or after July 1, 2023, on any land in the municipality where
661 residential development is allowed under the municipality's land
662 development regulations. For purposes of this paragraph, the
663 term "highest currently allowed density" does not include the
664 density of any building that met the requirements of this
665 subsection or the density of any building that has received any
666 bonus, variance, or other special exception for density provided
667 in the municipality's land development regulations as an
668 incentive for development.
669 (d) A municipality may not directly restrict or have the
670 effect of restricting the maximum lot size of a proposed
671 multifamily or mixed-use residential development authorized
672 under this paragraph below the highest maximum lot size allowed
673 on or after July 1, 2023, on any unincorporated land in the
674 municipality where multifamily or mixed-use residential
675 development is allowed pursuant to the municipality's land
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676 development regulations. A municipality may not restrict the
677 maximum lot coverage of a proposed multifamily or mixed-use
678 residential development authorized under this paragraph below 70
679 percent.
680 (e)(c) A municipality may not directly restrict or have
681 the effect of restricting the floor area ratio of a proposed
682 multifamily or mixed-use residential development authorized
683 under this subsection below 150 percent of the highest currently
684 allowed floor area ratio allowed on or after July 1, 2023, on
685 any land in the municipality where development is allowed under
686 the municipality's land development regulations. For purposes of
687 this paragraph, the term "highest currently allowed floor area
688 ratio" does not include the floor area ratio of any building
689 that met the requirements of this subsection or the floor area
690 ratio of any building that has received any bonus, variance, or
691 other special exception for floor area ratio provided in the
692 municipality's land development regulations as an incentive for
693 development. For purposes of this subsection, the term "floor
694 area ratio" includes floor lot ratio.
695 (f)(d)1. A municipality may not directly restrict or have
696 the effect of restricting the height of a proposed multifamily
697 or mixed-use residential development authorized under this
698 subsection below the highest currently allowed height allowed on
699 or after July 1, 2023, for a commercial or residential building
700 located in its jurisdiction within 1 mile of the proposed
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701 development or 3 stories, whichever is higher. For purposes of
702 this paragraph, the term "highest currently allowed height" does
703 not include the height of any building that met the requirements
704 of this subsection or the height of any building that has
705 received any bonus, variance, or other special exception for
706 height provided in the municipality's land development
707 regulations as an incentive for development.
708 2. If the proposed multifamily or mixed-use residential
709 development is adjacent to, on two or more sides, a parcel zoned
710 for single-family residential use that is within a single-family
711 residential development with at least 25 contiguous single-
712 family homes, the municipality may restrict the height of the
713 proposed development to 150 percent of the tallest building on
714 any property adjacent to the proposed development, the highest
715 currently allowed height allowed on or after July 1, 2023, for
716 the property provided in the municipality's land development
717 regulations, or 3 stories, whichever is higher. For the purposes
718 of this paragraph, the term "adjacent to" means those properties
719 sharing more than one point of a property line, but does not
720 include properties separated by a public road.
721 (g)1.(e) A proposed multifamily or mixed-use residential
722 development authorized under this subsection must be
723 administratively approved and public hearings or no further
724 action by the governing body of the municipality or any quasi-
725 judicial board of the reviewing body is not authorized required
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726 if the development satisfies the municipality's land development
727 regulations for multifamily and mixed-use residential
728 developments in areas zoned for such use, density, intensity,
729 and height, and is otherwise consistent with the comprehensive
730 plan, with the exception of provisions establishing allowable
731 densities, floor area ratios, height, and land use, including
732 mixed use and minimum nonresidential or commercial floor area
733 requirements. The removal or demolition of an existing structure
734 to be performed as part of the proposed development must also be
735 administratively approved. Such land development regulations
736 include, but are not limited to, regulations relating to
737 setbacks and parking requirements.
738 2. A municipality may not initiate or enforce zoning-in-
739 progress or a building moratorium on a proposed development that
740 is subject to this subsection and for which the municipality has
741 approved the development's preliminary site plan.
742 3. A proposed development located within one-quarter mile
743 of a military installation identified in s. 163.3175(2) may not
744 be administratively approved.
745 4. Each municipality shall maintain on its website a
746 policy containing the zoning map and zoning regulations in
747 effect on July 1, 2023, and the procedures and expectations for
748 administrative approval pursuant to this subsection.
749 (h)(f)1. A municipality must reduce consider reducing
750 parking requirements by at least 20 percent for a proposed
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751 development authorized under this subsection, or by 100 percent
752 for structures that are 20,000 square feet or less if the
753 development is located within one-quarter mile of a transit
754 stop, as defined in the municipality's land development code,
755 and the transit stop is accessible from the development.
756 2. A municipality must reduce parking requirements by at
757 least 20 percent for a proposed development authorized under
758 this subsection if the development:
759 a. Is located within one-half mile of a major
760 transportation hub that is accessible from the proposed
761 development by safe, pedestrian-friendly means, such as
762 sidewalks, crosswalks, elevated pedestrian or bike paths, or
763 other multimodal design features; or.
764 b. Has available parking within 600 feet of the proposed
765 development which may consist of options such as on-street
766 parking, parking lots, or parking garages available for use by
767 residents of the proposed development. However, a municipality
768 may not require that the available parking compensate for the
769 reduction in parking requirements.
770 3. A municipality must eliminate parking requirements for
771 a proposed mixed-use residential development authorized under
772 this subsection within an area recognized by the municipality as
773 a transit-oriented development or area, as provided in paragraph
774 (j) (h).
775 4. For purposes of this paragraph, the term "major
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776 transportation hub" means any transit station, whether bus,
777 train, or light rail, which is served by public transit with a
778 mix of other transportation options.
779 (i)(g) A municipality that designates less than 20 percent
780 of the land area within its jurisdiction for commercial or
781 industrial use must authorize a proposed multifamily development
782 as provided in this subsection in areas zoned for commercial or
783 industrial use only if the proposed multifamily development is
784 mixed-use residential.
785 (j)(h) A proposed development authorized under this
786 subsection which is located within a transit-oriented
787 development or area, as recognized by the municipality, must be
788 mixed-use residential and otherwise comply with requirements of
789 the municipality's regulations applicable to the transit-
790 oriented development or area except for use, height, density,
791 floor area ratio, and parking as provided in this subsection or
792 as otherwise agreed to by the municipality and the applicant for
793 the development.
794 (i) Except as otherwise provided in this subsection, a
795 development authorized under this subsection must comply with
796 all applicable state and local laws and regulations.
797 (k)(j)1. Nothing in this subsection precludes a
798 municipality from granting a bonus, variance, conditional use,
799 or other special exception to height, density, or floor area
800 ratio in addition to the height, density, and floor area ratio
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801 requirements in this subsection.
802 2. Nothing in this subsection precludes a proposed
803 development authorized under this subsection from receiving a
804 bonus for density, height, or floor area ratio pursuant to an
805 ordinance or regulation of the jurisdiction where the proposed
806 development is located if the proposed development satisfies the
807 conditions to receive the bonus except for any condition which
808 conflicts with this subsection. If a proposed development
809 qualifies for such bonus, the bonus must be administratively
810 approved by the municipality and no further action by the
811 governing body of the municipality is required.
812 (l) A municipality shall approve building permit plan
813 review for a proposed development within 60 days authorized
814 under this subsection, and prioritize building permit plan
815 review for projects authorized under this subsection over other
816 development projects.
817 (m) Notwithstanding s. 57.112(6), the prevailing party in
818 a challenge under this subsection is entitled to recover
819 attorney fees and costs, including reasonable appellate attorney
820 fees and costs.
821 (n)(k) This subsection does not apply to:
822 1. Airport-impacted areas as provided in s. 333.03.
823 2. Property defined as recreational and commercial working
824 waterfront in s. 342.201(2)(b) in any area zoned as industrial.
825 (o) After July 1, 2023, if a municipality adopts an
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826 ordinance or resolution, or makes any other decision, and such
827 ordinance, resolution, or decision has the effect, either
828 directly or indirectly, of:
829 a. Limiting the height, floor area ratio, or density of a
830 project under this section;
831 b. Unreasonably delaying the development or construction
832 of a project under this section, including, but not limited to,
833 imposing a moratorium;
834 c. Restricting the manner in which affordable units are
835 developed or accessed within a project or regulating the types
836 of units in the project; or
837 d. Restricting or limiting a project under this section in
838 any other way,
839
840 then such ordinance, resolution, or decision shall be deemed
841 preempted. If a property owner files a site plan application
842 under this section with a municipality, the administrative
843 review process must be based only on the land development
844 regulations in effect as of the date of filing the application.
845 (p) The regulation of affordable housing under this
846 subsection is expressly preempted to the state. This subsection
847 supersedes any local government ordinances, resolutions, or any
848 other local regulations, including local moratoriums, on matters
849 covered under this subsection.
850 (q) If an action is filed against a local government to
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851 challenge the adoption or enforcement of a local ordinance,
852 resolution, or other local regulation on the grounds that it is
853 expressly preempted by general law under this subsection, the
854 court shall expedite the proceeding and render a decision within
855 30 days after service of process. Notice of appeal shall be
856 filed and served within 30 days from the rendition of the
857 judgment appealed from. The Supreme Court shall adopt rules by
858 October 1, 2025, to ensure the proceedings are handled
859 expeditiously and in a manner consistent with this subsection.
860 (r)(l) This subsection expires October 1, 2033.
861 (8) Any development authorized under paragraph (7)(b)
862 (7)(a) must be treated as a conforming use even after the
863 expiration of subsection (7) and the development's affordability
864 period as provided in paragraph (7)(b) (7)(a), notwithstanding
865 the municipality's comprehensive plan, future land use
866 designation, or zoning. If at any point during the development's
867 affordability period the development violates the affordability
868 period requirement provided in paragraph (7)(b) (7)(a), the
869 development must be allowed a reasonable time to cure such
870 violation. If the violation is not cured within a reasonable
871 time, the development must be treated as a nonconforming use.
872 (9) A municipality's review or approval of an application
873 for a development permit or development order may not be
874 conditioned on the waiver, forbearance, or abandonment of any
875 development right authorized by this section. Any such waiver,
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876 forbearance, or abandonment is void.
877 (10)(a) Beginning June 30, 2026, each municipality must
878 provide an annual report to the state land planning agency that
879 includes:
880 1. All litigation initiated under subsection (9), the
881 status of the case, and, if applicable, the final disposition.
882 2. All actions the municipality has taken on any proposed
883 project under this section, including, at minimum, the project
884 size, density, and intensity, and the number of units and the
885 number of affordable units for such proposed project.
886 3. For any proposed development that is denied or not
887 accepted, all actions the municipality has taken relating to
888 such proposed development and an explanation for why such
889 actions were taken.
890 (b) The state land planning agency shall provide an annual
891 report to the Governor, the President of the Senate, and the
892 Speaker of the House of Representatives regarding municipal
893 compliance with this section.
894 (11)(a) A municipality may not impose a building
895 moratorium that has the effect of delaying the permitting of
896 construction of a multifamily project that would otherwise
897 qualify for:
898 1. An affordable housing ad valorem tax exemption under s.
899 196.1978 or s. 196.1979.
900 2. Any grant loan or other incentive provided for the
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901 development of affordable housing under chapter 420.
902 3. Any abatement of development restrictions under
903 subsection (7).
904 (b) The property owner of a multifamily project described
905 in paragraph (a), which is adversely affected by a building
906 moratorium imposed in violation of this subsection, has a cause
907 of action against the municipality. If the court finds that a
908 municipality has violated this subsection, it may provide
909 injunctive relief, compensatory damages, and reasonable attorney
910 fees and costs, not to exceed $100,000, to a prevailing
911 plaintiff. For purposes of this paragraph, the term "reasonable
912 attorney fees and costs" means the reasonable and necessary
913 attorney fees and costs incurred for all preparations, motions,
914 hearings, trials, and appeals in a proceeding. The term does not
915 include any attorney fees or costs directly incurred by or
916 associated with litigation to determine an award of reasonable
917 attorney fees or costs.
918 (12) If the owner of an administratively approved proposed
919 development has acted in reliance on that approval, the owner
920 has a vested right to proceed with development under the
921 relevant laws, regulations, and ordinances at the time such
922 rights vested, if the property continues to comply with the
923 requirements of this section.
924 Section 5. Subsection (7) is added to section 163.2517,
925 Florida Statutes, to read:
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926 163.2517 Designation of urban infill and redevelopment
927 area.—
928 (7) Notwithstanding any ordinance to the contrary existing
929 on July 1, 2025, a proposed urban infill development must be
930 administratively approved, and a comprehensive plan amendment,
931 rezoning, or variance is not required.
932 Section 6. Subsections (9) and (53) of section 163.3164,
933 Florida Statutes, are amended to read:
934 163.3164 Community Planning Act; definitions.—As used in
935 this act:
936 (9) "Compatibility" means a condition in which land uses
937 or conditions can coexist in relative proximity to each other in
938 a stable fashion over time such that no use or condition is
939 unduly negatively impacted directly or indirectly by another use
940 or condition. All residential land use categories are deemed to
941 be compatible with each other.
942 (53) "Urban service area" means areas in which identified
943 in the comprehensive plan where public facilities and services,
944 including, but not limited to, central water and sewer capacity
945 and roads, are already in place or may be expanded by the are
946 identified in the capital improvements element. The term
947 includes any areas identified in the comprehensive plan as urban
948 service areas, regardless of local government or the private
949 sector as evidenced by an executed agreement with the local
950 government to provide urban services within the local
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951 government's 20-year planning period limitation.
952 Section 7. Subsection (2) and paragraph (a) of subsection
953 (6) of section 163.3177, Florida Statutes, are amended to read:
954 163.3177 Required and optional elements of comprehensive
955 plan; studies and surveys.—
956 (2) Coordination of the required and optional several
957 elements of the local comprehensive plan must shall be a major
958 objective of the planning process. The required and optional
959 several elements of the comprehensive plan must shall be
960 consistent. Optional elements of the comprehensive plan may not
961 contain policies that restrict the density or intensity
962 established in the future land use element. Where data is
963 relevant to required and optional several elements, consistent
964 data must shall be used, including population estimates and
965 projections unless alternative data can be justified for a plan
966 amendment through new supporting data and analysis. Each map
967 depicting future conditions must reflect the principles,
968 guidelines, and standards within all elements, and each such map
969 must be contained within the comprehensive plan.
970 (6) In addition to the requirements of subsections (1)-
971 (5), the comprehensive plan shall include the following
972 elements:
973 (a) A future land use plan element designating proposed
974 future general distribution, location, and extent of the uses of
975 land for residential uses, commercial uses, industry,
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976 agriculture, recreation, conservation, education, public
977 facilities, and other categories of the public and private uses
978 of land. The approximate acreage and the general range of
979 density or intensity of use shall be provided for the gross land
980 area included in each existing land use category. The element
981 shall establish the long-term end toward which land use programs
982 and activities are ultimately directed.
983 1. Each future land use category must be defined in terms
984 of uses included, and must include standards to be followed in
985 the control and distribution of population densities and
986 building and structure intensities. The proposed distribution,
987 location, and extent of the various categories of land use shall
988 be shown on a land use map or map series which shall be
989 supplemented by goals, policies, and measurable objectives.
990 2. The future land use plan and plan amendments shall be
991 based upon surveys, studies, and data regarding the area, as
992 applicable, including:
993 a. The amount of land required to accommodate anticipated
994 growth.
995 b. The projected permanent and seasonal population of the
996 area.
997 c. The character of undeveloped land.
998 d. The availability of water supplies, public facilities,
999 and services.
1000 e. The need for redevelopment, including the renewal of
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1001 blighted areas and the elimination of nonconforming uses which
1002 are inconsistent with the character of the community.
1003 f. The compatibility of uses on lands adjacent to or
1004 closely proximate to military installations.
1005 g. The compatibility of uses on lands adjacent to an
1006 airport as defined in s. 330.35 and consistent with s. 333.02.
1007 h. The discouragement of urban sprawl.
1008 i. The need for job creation, capital investment, and
1009 economic development that will strengthen and diversify the
1010 community's economy.
1011 j. The need to modify land uses and development patterns
1012 within antiquated subdivisions.
1013 3. The future land use plan element shall include criteria
1014 to be used to:
1015 a. Achieve the compatibility of lands adjacent or closely
1016 proximate to military installations, considering factors
1017 identified in s. 163.3175(5).
1018 b. Achieve the compatibility of lands adjacent to an
1019 airport as defined in s. 330.35 and consistent with s. 333.02.
1020 c. Encourage preservation of recreational and commercial
1021 working waterfronts for water-dependent uses in coastal
1022 communities.
1023 d. Encourage the location of schools proximate to urban
1024 residential areas to the extent possible.
1025 e. Coordinate future land uses with the topography and
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1026 soil conditions, and the availability of facilities and
1027 services.
1028 f. Ensure the protection of natural and historic
1029 resources.
1030 g. Provide for the compatibility of adjacent land uses.
1031 h. Provide guidelines for the implementation of mixed-use
1032 development including the types of uses allowed, the percentage
1033 distribution among the mix of uses, or other standards, and the
1034 density and intensity of each use.
1035 4. The amount of land designated for future planned uses
1036 shall provide a balance of uses that foster vibrant, viable
1037 communities and economic development opportunities and address
1038 outdated development patterns, such as antiquated subdivisions.
1039 The amount of land designated for future land uses should allow
1040 the operation of real estate markets to provide adequate choices
1041 for permanent and seasonal residents and business and may not be
1042 limited solely by the projected population. The element shall
1043 accommodate at least the minimum amount of land required to
1044 accommodate the medium projections as published by the Office of
1045 Economic and Demographic Research for at least a 10-year
1046 planning period unless otherwise limited under s. 380.05,
1047 including related rules of the Administration Commission.
1048 5. The future land use plan of a county may designate
1049 areas for possible future municipal incorporation.
1050 6. The land use maps or map series shall generally
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1051 identify and depict historic district boundaries and shall
1052 designate historically significant properties meriting
1053 protection.
1054 7. The future land use element must clearly identify the
1055 land use categories in which public schools are an allowable
1056 use. When delineating the land use categories in which public
1057 schools are an allowable use, a local government shall include
1058 in the categories sufficient land proximate to residential
1059 development to meet the projected needs for schools in
1060 coordination with public school boards and may establish
1061 differing criteria for schools of different type or size. Each
1062 local government shall include lands contiguous to existing
1063 school sites, to the maximum extent possible, within the land
1064 use categories in which public schools are an allowable use.
1065 8. Future land use map amendments shall be based upon the
1066 following analyses:
1067 a. An analysis of the availability of facilities and
1068 services.
1069 b. An analysis of the suitability of the plan amendment
1070 for its proposed use considering the character of the
1071 undeveloped land, soils, topography, natural resources, and
1072 historic resources on site.
1073 c. An analysis of the minimum amount of land needed to
1074 achieve the goals and requirements of this section.
1075 9. The future land use element must and any amendment to
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1076 the future land use element shall discourage the proliferation
1077 of urban sprawl by planning for future development as provided
1078 in this section.
1079 a. The primary indicators that a plan or plan amendment
1080 does not discourage the proliferation of urban sprawl are listed
1081 below. The evaluation of the presence of these indicators shall
1082 consist of an analysis of the plan or plan amendment within the
1083 context of features and characteristics unique to each locality
1084 in order to determine whether the plan or plan amendment:
1085 (I) Promotes, allows, or designates for development
1086 substantial areas of the jurisdiction to develop as low-
1087 intensity, low-density, or single-use development or uses.
1088 (II) Promotes, allows, or designates significant amounts
1089 of urban development to occur in rural areas at substantial
1090 distances from existing urban areas while not using undeveloped
1091 lands that are available and suitable for development.
1092 (III) Promotes, allows, or designates urban development in
1093 radial, strip, isolated, or ribbon patterns generally emanating
1094 from existing urban developments.
1095 (IV) Fails to adequately protect and conserve natural
1096 resources, such as wetlands, floodplains, native vegetation,
1097 environmentally sensitive areas, natural groundwater aquifer
1098 recharge areas, lakes, rivers, shorelines, beaches, bays,
1099 estuarine systems, and other significant natural systems.
1100 (V) Fails to adequately protect adjacent agricultural
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1101 areas and activities, including silviculture, active
1102 agricultural and silvicultural activities, passive agricultural
1103 activities, and dormant, unique, and prime farmlands and soils.
1104 (VI) Fails to maximize use of existing public facilities
1105 and services.
1106 (VII) Fails to maximize use of future public facilities
1107 and services.
1108 (VIII) Allows for land use patterns or timing which
1109 disproportionately increase the cost in time, money, and energy
1110 of providing and maintaining facilities and services, including
1111 roads, potable water, sanitary sewer, stormwater management, law
1112 enforcement, education, health care, fire and emergency
1113 response, and general government.
1114 (IX) Fails to provide a clear separation between rural and
1115 urban uses.
1116 (X) Discourages or inhibits infill development or the
1117 redevelopment of existing neighborhoods and communities.
1118 (XI) Fails to encourage a functional mix of uses.
1119 (XII) Results in poor accessibility among linked or
1120 related land uses.
1121 (XIII) Results in the loss of significant amounts of
1122 functional open space.
1123 b. The future land use element or plan amendment shall be
1124 determined to discourage the proliferation of urban sprawl if it
1125 incorporates a development pattern or urban form that achieves
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1126 four or more of the following:
1127 (I) Directs or locates economic growth and associated land
1128 development to geographic areas of the community in a manner
1129 that does not have an adverse impact on and protects natural
1130 resources and ecosystems.
1131 (II) Promotes the efficient and cost-effective provision
1132 or extension of public infrastructure and services.
1133 (III) Promotes walkable and connected communities and
1134 provides for compact development and a mix of uses at densities
1135 and intensities that will support a range of housing choices and
1136 a multimodal transportation system, including pedestrian,
1137 bicycle, and transit, if available.
1138 (IV) Promotes conservation of water and energy.
1139 (V) Preserves agricultural areas and activities, including
1140 silviculture, and dormant, unique, and prime farmlands and
1141 soils.
1142 (VI) Preserves open space and natural lands and provides
1143 for public open space and recreation needs.
1144 (VII) Creates a balance of land uses based upon demands of
1145 the residential population for the nonresidential needs of an
1146 area.
1147 (VIII) Provides uses, densities, and intensities of use
1148 and urban form that would remediate an existing or planned
1149 development pattern in the vicinity that constitutes sprawl or
1150 if it provides for an innovative development pattern such as
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1151 transit-oriented developments or new towns as defined in s.
1152 163.3164.
1153 10. The future land use element shall include a future
1154 land use map or map series.
1155 a. The proposed distribution, extent, and location of the
1156 following uses shall be shown on the future land use map or map
1157 series:
1158 (I) Residential.
1159 (II) Commercial.
1160 (III) Industrial.
1161 (IV) Agricultural.
1162 (V) Recreational.
1163 (VI) Conservation.
1164 (VII) Educational.
1165 (VIII) Public.
1166 b. The following areas shall also be shown on the future
1167 land use map or map series, if applicable:
1168 (I) Historic district boundaries and designated
1169 historically significant properties.
1170 (II) Transportation concurrency management area boundaries
1171 or transportation concurrency exception area boundaries.
1172 (III) Multimodal transportation district boundaries.
1173 (IV) Mixed-use categories.
1174 c. The following natural resources or conditions shall be
1175 shown on the future land use map or map series, if applicable:
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1176 (I) Existing and planned public potable waterwells, cones
1177 of influence, and wellhead protection areas.
1178 (II) Beaches and shores, including estuarine systems.
1179 (III) Rivers, bays, lakes, floodplains, and harbors.
1180 (IV) Wetlands.
1181 (V) Minerals and soils.
1182 (VI) Coastal high hazard areas.
1183 Section 8. Paragraph (e) of subsection (8) of section
1184 163.3167, Florida Statutes, is redesignated as paragraph (f),
1185 and paragraph (e) is added to that subsection, to read:
1186 163.3167 Scope of act.—
1187 (8)
1188 (e) The approval of an increase in height or floor area
1189 ratio in the land development regulations by a local government,
1190 commission, council, or board shall be by ordinance with a
1191 simple majority vote. For purposes of this paragraph, the term
1192 "floor area ratio" includes floor lot area.
1193 Section 9. Section 163.31771, Florida Statutes, is amended
1194 to read:
1195 163.31771 Accessory dwelling units.—
1196 (1) The Legislature finds that the median price of homes
1197 in this state has increased steadily over the last decade and at
1198 a greater rate of increase than the median income in many urban
1199 areas. The Legislature finds that the cost of rental housing has
1200 also increased steadily and the cost often exceeds an amount
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1201 that is affordable to extremely-low-income, very-low-income,
1202 low-income, or moderate-income persons and has resulted in a
1203 critical shortage of affordable rentals in many urban areas in
1204 the state. This shortage of affordable rentals constitutes a
1205 threat to the health, safety, and welfare of the residents of
1206 the state. Therefore, the Legislature finds that it serves an
1207 important public purpose to encourage the permitting of
1208 accessory dwelling units in single-family residential areas in
1209 order to increase the availability of affordable rentals for
1210 extremely-low-income, very-low-income, low-income, or moderate-
1211 income persons.
1212 (2) As used in this section, the term:
1213 (a) "Accessory dwelling unit" means an ancillary or
1214 secondary living unit, that has a separate kitchen, bathroom,
1215 and sleeping area, existing either within the same structure, or
1216 on the same lot, as the primary dwelling unit.
1217 (b) "Affordable rental" means that monthly rent and
1218 utilities do not exceed 30 percent of that amount which
1219 represents the percentage of the median adjusted gross annual
1220 income for extremely-low-income, very-low-income, low-income, or
1221 moderate-income persons.
1222 (c) "Department" means the Department of Commerce.
1223 (d)(g) "Extremely-low-income persons" has the same meaning
1224 as in s. 420.0004(9).
1225 (e)(c) "Local government" means a county or municipality.
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1226 (f)(d) "Low-income persons" has the same meaning as in s.
1227 420.0004(11).
1228 (g)(e) "Moderate-income persons" has the same meaning as
1229 in s. 420.0004(12).
1230 (h)(f) "Very-low-income persons" has the same meaning as
1231 in s. 420.0004(17).
1232 (3) A local government shall may adopt an ordinance to
1233 allow accessory dwelling units in any area zoned for single-
1234 family residential use. A local government may not directly,
1235 unreasonably increase, or in effect unreasonably increase, the
1236 cost to construct, in effect prohibit the construction of, or
1237 extinguish the ability to otherwise construct an accessory
1238 dwelling unit. Such regulation does not include:
1239 (a) Restrictions on the terms of rentals that do not apply
1240 generally to other housing in the same district or zone.
1241 (b) Parking requirements and minimum lot size requirements
1242 that do not apply general to other housing in the same district
1243 or zone, other lot design regulations that unreasonably increase
1244 the cost to construct or unreasonably extinguish the ability to
1245 construct an accessory dwelling unit on a lot.
1246 (c) Discretionary conditional use permit procedures or
1247 standards that do not apply generally to other housing in the
1248 same district or zone.
1249 (4) An application for a building permit to construct an
1250 accessory dwelling unit must include an affidavit from the
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1251 applicant which attests that the unit will be rented at an
1252 affordable rate to an extremely-low-income, very-low-income,
1253 low-income, or moderate-income person or persons.
1254 (4)(5) Each accessory dwelling unit allowed by an
1255 ordinance adopted under this section applies shall apply toward
1256 satisfying the affordable housing component of the housing
1257 element in the local government's comprehensive plan under s.
1258 163.3177(6)(f).
1259 (5)(a) Beginning October 1, 2025, and by October 1 every
1260 year thereafter, the local government shall submit an annual
1261 report to the department, in a form and manner prescribed by the
1262 department, and post publicly on its website, the following
1263 information for the previous fiscal year:
1264 1. The number of applications to construct new accessory
1265 dwelling units, the number of new accessory dwelling units that
1266 have been approved, and the number of new accessory dwelling
1267 units that have been denied, and the reason for denial.
1268 2. The number of allowable accessory dwelling units
1269 located in the jurisdiction, the number of accessory dwelling
1270 units, attached or unattached, which are not allowed by an
1271 ordinance, and the number of single-family homes in a zoning
1272 district in which accessory dwelling units are allowed by an
1273 ordinance.
1274 (b) The department may adopt rules to administer and
1275 enforce this subsection.
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1276 (6)(a) The owner of property with an accessory dwelling
1277 unit may not be denied a homestead exemption or homestead
1278 property assessment limitation solely on the basis of the
1279 property containing an accessory dwelling unit which may be
1280 rented.
1281 (b) If the accessory dwelling unit is rented by the
1282 property owner:
1283 1. The assessment of the accessory dwelling unit must be
1284 separated from the homestead property.
1285 2. It may not be construed as an abandonment of the
1286 dwelling previously claimed to be a homestead under s. 196.061,
1287 provided such dwelling is physically occupied by the owner.
1288 (c) If the accessory dwelling unit is not rented by the
1289 property owner, the assessment of the accessory dwelling unit
1290 must be considered part of the homestead property.
1291 Section 10. Paragraphs (a) and (b) of subsection (1) of
1292 section 196.1979, Florida Statutes, are amended to read:
1293 196.1979 County and municipal affordable housing property
1294 exemption.—
1295 (1)(a) Notwithstanding ss. 196.195 and 196.196, the board
1296 of county commissioners of a county or the governing body of a
1297 municipality may adopt an ordinance to exempt those portions of
1298 property used to provide affordable housing meeting the
1299 requirements of this section. Such property is considered
1300 property used for a charitable purpose. To be eligible for the
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1301 exemption, the portions of property:
1302 1. Must be used to house natural persons or families whose
1303 annual household income:
1304 a. Is greater than 30 percent but not more than 60 percent
1305 of the median annual adjusted gross income for households within
1306 the metropolitan statistical area or, if not within a
1307 metropolitan statistical area, within the county where in which
1308 the person or family resides; or
1309 b. Does not exceed 30 percent of the median annual
1310 adjusted gross income for households within the metropolitan
1311 statistical area or, if not within a metropolitan statistical
1312 area, within the county where in which the person or family
1313 resides.;
1314 2.a. Must be within a multifamily project containing at
1315 least the minimum number of residential units as defined by the
1316 county or municipality that adopts an ordinance under this
1317 section; a county or municipality that adopts an ordinance under
1318 this section may set a minimum residential unit threshold that
1319 deems a property eligible for the exemption for properties that
1320 exceed 15,000 square feet, at a minimum of 5 units not to exceed
1321 a minimum of 50 residential units 50 or more residential units,
1322 at least 20 percent of which are used to provide affordable
1323 housing that meets the requirements of this section; or
1324 b. Must be an accessory dwelling unit as defined in s.
1325 163.31771(2).
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1326 3. Must be rented for an amount no greater than the amount
1327 as specified by the most recent multifamily rental programs
1328 income and rent limit chart posted by the corporation and
1329 derived from the Multifamily Tax Subsidy Projects Income Limits
1330 published by the United States Department of Housing and Urban
1331 Development or 90 percent of the fair market value rent as
1332 determined by a rental market study meeting the requirements of
1333 subsection (4), whichever is less.;
1334 4. May not have been cited for code violations on three or
1335 more occasions in the 24 months before the submission of a tax
1336 exemption application.;
1337 5. May not have any cited code violations that have not
1338 been properly remedied by the property owner before the
1339 submission of a tax exemption application.; and
1340 6. May not have any unpaid fines or charges relating to
1341 the cited code violations. Payment of unpaid fines or charges
1342 before a final determination on a property's qualification for
1343 an exemption under this section will not exclude such property
1344 from eligibility if the property otherwise complies with all
1345 other requirements for the exemption.
1346 (b) Qualified property may receive an ad valorem property
1347 tax exemption of:
1348 1. Up to 75 percent of the assessed value of each
1349 residential unit used to provide affordable housing if fewer
1350 than 100 percent of the multifamily project's residential units
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1351 are used to provide affordable housing meeting the requirements
1352 of this section.
1353 2. Up to 100 percent of the assessed value of each
1354 residential unit used to provide affordable housing if 100
1355 percent of the multifamily project's residential units are used
1356 to provide affordable housing meeting the requirements of this
1357 section.
1358 3. Up to 100 percent of the assessed value of the
1359 accessory dwelling unit if the unit is used to provide
1360 affordable housing meeting the requirements of this section.
1361 Section 11. Paragraph (a) of subsection (5) of section
1362 333.03, Florida Statutes, is amended to read:
1363 333.03 Requirement to adopt airport zoning regulations.—
1364 (5) Sections 125.01055(7) and 166.04151(7) do not apply to
1365 any of the following:
1366 (a) A proposed development near a runway within one-
1367 quarter of a mile laterally from the runway edge and within an
1368 area that is the width of one-quarter of a mile extending at
1369 right angles from the end of the runway for a distance of 10,000
1370 feet of any runway for an existing commercial service airport
1371 runway or planned commercial service airport runway identified
1372 in the local government's airport master plan. As used in this
1373 paragraph, the term "commercial service airport" has the same
1374 meaning as in s. 332.0075(1).
1375 Section 12. Paragraph (d) of subsection (1) of section
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1376 420.50871, Florida Statutes, is amended, and paragraph (e) is
1377 added to subsection (1) of that section, to read:
1378 420.50871 Allocation of increased revenues derived from
1379 amendments to s. 201.15 made by ch. 2023-17.—Funds that result
1380 from increased revenues to the State Housing Trust Fund derived
1381 from amendments made to s. 201.15 made by chapter 2023-17, Laws
1382 of Florida, must be used annually for projects under the State
1383 Apartment Incentive Loan Program under s. 420.5087 as set forth
1384 in this section, notwithstanding ss. 420.507(48) and (50) and
1385 420.5087(1) and (3). The Legislature intends for these funds to
1386 provide for innovative projects that provide affordable and
1387 attainable housing for persons and families working, going to
1388 school, or living in this state. Projects approved under this
1389 section are intended to provide housing that is affordable as
1390 defined in s. 420.0004, notwithstanding the income limitations
1391 in s. 420.5087(2). Beginning in the 2023-2024 fiscal year and
1392 annually for 10 years thereafter:
1393 (1) The corporation shall allocate 70 percent of the funds
1394 provided by this section to issue competitive requests for
1395 application for the affordable housing project purposes
1396 specified in this subsection. The corporation shall finance
1397 projects that:
1398 (d) Provide housing near military installations and United
1399 States Department of Veterans Affairs medical centers or
1400 outpatient clinics in this state, with preference given to
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1401 projects that incorporate critical services for servicemembers,
1402 their families, and veterans, such as mental health treatment
1403 services, employment services, and assistance with transition
1404 from active-duty service to civilian life.
1405 (e) Provide housing in areas of critical housing shortage
1406 for essential service and high-demand career employees through a
1407 public-private housing partnership agreement with major public
1408 and private sector employers for whom housing shortages are
1409 affecting recruitment and retention of workers. Private sector
1410 employers shall provide land and financial support for the
1411 housing projects. Housing may not be exclusive to any specific
1412 employee group.
1413 Section 13. Section 702.13, Florida Statutes, is created
1414 to read:
1415 702.13 Expedited foreclosure proceedings for abandoned
1416 real property.-
1417 (1) As used in this section, the term:
1418 (a) "Abandoned real property" means residential real
1419 property that a homeowner does not continue to occupancy or use,
1420 and at least three of the following indications of abandonment
1421 are met:
1422 1. Furnishings and personal items consistent with
1423 residential occupancy are not present on the property;
1424 2. Public utility services, such as gas, electric, or
1425 water utilities, are disconnected;
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1426 3. Windows on the property are boarded up or closed off;
1427 smashed, broken, or unhinged; or window panes are broken and
1428 unrepaired;
1429 4. Statements are provided by neighbors, delivery agents,
1430 or government employees that the property is vacant;
1431 5. Doors on the property are substantially damaged,
1432 broken, unhinged, or conspicuously open;
1433 6. The property is stripped of copper or any other
1434 nonferrous metal, including, but not limited to, copper, copper
1435 alloy, brass, aluminum, bronze, lead, zinc, nickel, and alloys
1436 thereof, or any interior fixtures are removed;
1437 7. At least one report has been received by law
1438 enforcement officials of trespassing, vandalism, or other
1439 illegal activity on the property within the immediately
1440 preceding 6 months;
1441 8. The property has been declared unfit for occupancy and
1442 ordered to remain vacant and unoccupied under an order issued by
1443 a municipal authority or county authority, or by a court of
1444 competent jurisdiction;
1445 9. Construction has been initiated on the property but is
1446 discontinued before completion, leaving the property unsuitable
1447 for occupancy, and construction has not taken place for at least
1448 12 months;
1449 10. Newspapers, circulars, flyers, or mail has accumulated
1450 on the property or the United States Postal Service has
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1451 discontinued delivery to the property;
1452 11. Rubbish, trash, debris, neglected vegetation, or
1453 natural overgrowth has accumulated on the property;
1454 12. Hazardous, noxious, or unhealthy substances or
1455 materials have accumulated on the property;
1456 13. The homeowner or a representative for the property
1457 cannot be reached after a credible attempt to communicate; or
1458 14. Other credible indications exist indicating that the
1459 homeowner has vacated and abandoned the property.
1460 (b) "Claimant" means a person or entity claiming a legal
1461 right to initiate a foreclosure action, including:
1462 1. A mortgagee as defined in s. 701.041.
1463 2. A tax lienholder or a tax certificate holder pursuant
1464 to chapter 197.
1465 3. A homeowners' association or a condominium association
1466 enforcing a lien pursuant to s. 718.116 or s. 720.3085.
1467 4. A county, municipality, or other governmental entity
1468 enforcing a lien for:
1469 a. Code violations pursuant to chapter 162.
1470 b. Utility services pursuant to chapter 159 or local
1471 ordinance.
1472 c. Environmental cleanup pursuant to chapters 376 and 403.
1473 d. Special assessments pursuant to chapters 170 and 197.
1474 5. A mechanic or laborer enforcing a lien under part II
1475 of chapter 713.
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1476 6. A judgment lienholder pursuant to chapter 55.
1477 7. State tax authorities enforcing a lien pursuant to s.
1478 213.758 or s. 192.091, including a lien for unpaid taxes
1479 administered by the Florida Department of Revenue.
1480 8. Special districts, including, but not limited to,
1481 Community Development Districts, enforcing a lien pursuant to
1482 chapters 189 and 190.
1483 9. Other governmental or quasi-governmental entities,
1484 including water management districts and public hospital boards,
1485 enforcing a lien pursuant to s. 373.503 or s. 154.02.
1486 10. A lienholder authorized to request an order to show
1487 cause for the entry of final judgment in a foreclosure action
1488 pursuant to s. 702.10.
1489 11. Any other person or entity authorized by general law
1490 to initiate a foreclosure action or enforce a lien against real
1491 property.
1492 (c) "Delinquent party" means the person or entity against
1493 whom a foreclosure action has been initiated, including, but not
1494 limited to, a person or entity in arrears or default under the
1495 terms of a lien, a mortgage, or any other obligation.
1496 (d) "Mortgagor" has the same meaning as in s.
1497 701.041(1)(d).
1498 (e) "Real property" has the same meaning as in s. 475.801.
1499 (2)(a) In a foreclosure proceeding under this chapter
1500 involving residential real property, the claimant may file a
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1501 motion with the trial court for a judicial determination that
1502 the residential real property is abandoned real property. The
1503 claimant must file a sworn affidavit with the trial court
1504 attesting that the residential real property is "abandoned real
1505 property," as defined in subsection (1), and any other relevant
1506 documentation, including photographic documentation.
1507 (b) Upon filing of the motion, the trial court shall set
1508 the date and time for a hearing on the motion, which must be
1509 conducted at least 15 days but no more than 25 days after the
1510 filing of the motion.
1511 (3)(a) The claimant shall give written notice to the
1512 homeowner and to each known delinquent party. Notice shall be
1513 promptly delivered or sent pursuant to s. 715.104(3) to the last
1514 known mailing address of the homeowner and to each known
1515 delinquent party. In addition, notice shall be sent to the last
1516 known e-mail address of the homeowner and to each known
1517 delinquent party, and shall be given by telephone communication
1518 to the last known telephone number of the homeowner and each
1519 known delinquent party. Notice under this paragraph must include
1520 the following information:
1521 1. State that a motion has been filed with the trial court
1522 to make a judicial determination as to whether the residential
1523 real property is abandoned real property and that a hearing
1524 regarding the motion has been set.
1525 2. State the contact information of the trial court to
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1526 which the motion was filed and the date and location of the
1527 hearing on the motion.
1528 3. State the definition of abandoned real property
1529 pursuant to subsection (1).
1530 4. State the possible outcomes if the court makes a
1531 judicial determination that the residential real property is
1532 abandoned real property, including the possibility of an
1533 expeditious foreclosure on the property.
1534 5. State that the homeowner or delinquent party has the
1535 right to file an affidavit attesting to legal residence at the
1536 property, or any other documentation of legal residence at the
1537 property, at the time of the hearing and may appear personally
1538 or by way of an attorney at the hearing.
1539 6. State that a mortgagor, lawful occupant, or adverse
1540 possessor of the residential real property under s. 95.18 may
1541 contact the trial court for information about the motion and
1542 hearing or to object on the record to the motion.
1543 7. Provide copies of the motion and any documentation in
1544 support of the motion, including photographic and other relevant
1545 documentation.
1546 (b) The claimant shall conspicuously post on the
1547 residential real property a notice printed in at least 12-point
1548 uppercase and boldfaced type. The notice must state the
1549 information in paragraph (a)1.-6. The claimant shall file with
1550 the trial court photographic documentation of compliance with
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1551 this paragraph after posting the notice on the residential real
1552 property.
1553 (4)(a) At the hearing on the motion, if the trial court
1554 finds by a preponderance of the evidence that the residential
1555 real property is abandoned real property, the court shall render
1556 a declaratory judgment in favor of the claimant and immediately
1557 proceed to a trial of foreclosure pursuant to this chapter.
1558 (b) If the trial court finds at the foreclosure trial that
1559 the abandoned real property meets all requirements necessary to
1560 enter a judgement of foreclosure pursuant to s. 702.036, the
1561 court must promptly order the clerk to schedule a public sale of
1562 the abandoned real property pursuant to s. 45.031.
1563 (5)(a) If a mortgagor, a lawful occupant, or a person
1564 claiming adverse possession pursuant to s. 95.18 objects to the
1565 trial court's judicial determination under subsection(4)(a) and
1566 submits the appropriate documentation with the court, the court
1567 may not enter a declaratory judgment in favor of the claimant.
1568 (b) If, before the sale of the abandoned real property
1569 pursuant to subsection (4)(b), a mortgagor, a lawful occupant,
1570 or a person claiming adverse possession pursuant to s. 95.18
1571 presents sufficient evidence to the court that the property is
1572 not abandoned real property, the court shall rescind the orders
1573 it issued pursuant to subsection (4)(a) and (b).
1574 (6)(a) This section applies to residential real property
1575 that is abandoned. Residential real property is abandoned if:
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1576 1. The homeowner or delinquent party delivers a written,
1577 signed statement declaring the residential real property to be
1578 abandoned; or
1579 2. The residential real property is considered "abandoned
1580 real property," as defined in subsection (1).
1581 (b) This section does not apply to residential real
1582 property that is:
1583 1. Subject to an action to quiet title pursuant to s.
1584 65.011, s. 65.021, s. 65.061, or s. 65.071.
1585 2. Subject to a probate action pursuant to chapter 733.
1586 3. The subject of any other litigation where the ownership
1587 of the property is actively disputed.
1588 4. An unoccupied dwelling or building undergoing
1589 construction, renovation, or any other manner of rehabilitation,
1590 which complies with all applicable state and local permitting
1591 requirements and regulations.
1592 Section 14. Section 760.26, Florida Statutes, is amended
1593 to read:
1594 760.26 Prohibited discrimination in land use decisions and
1595 in permitting of development.—
1596 (1) It is unlawful to discriminate in land use decisions
1597 or in the permitting of development based on race, color,
1598 national origin, sex, disability, familial status, religion, or,
1599 except as otherwise provided by law, the source of financing of
1600 a development or proposed development or based on the
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1601 development or proposed development being affordable housing as
1602 defined under s. 420.0004(3).
1603 (2) To ensure that courts may assess damages for claims
1604 filed under this section in accordance with s. 13, Art. X of the
1605 State Constitution, the state, for itself and its agencies or
1606 political subdivisions, waives sovereign immunity for causes of
1607 action based on the application of this section. Such waiver is
1608 limited only to actions brought under this section. A violation
1609 of this section may be remedied as provided by s. 760.35.
1610 Section 15. It is the intent of the Legislature that the
1611 amendment to s. 760.26, Florida Statutes, is remedial and
1612 clarifying in nature, and shall apply retroactively for any
1613 causes of action filed on or before the effective date of the
1614 passage of this act.
1615 Section 16. Subsection (29) of section 479.01, Florida
1616 Statutes, is amended to read:
1617 479.01 Definitions.—As used in this chapter, the term:
1618 (29) "Zoning category" means the designation under the
1619 land development regulations or other similar ordinance enacted
1620 to regulate the use of land as provided in s. 163.3202(2)(c) s.
1621 163.3202(2)(b), which designation sets forth the allowable uses,
1622 restrictions, and limitations on use applicable to properties
1623 within the category.
1624 Section 17. Subsection (12) of section 1001.43, Florida
1625 Statutes, is amended to read:
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1626 1001.43 Supplemental powers and duties of district school
1627 board.—The district school board shall may exercise the
1628 following supplemental powers and duties as authorized by this
1629 code or State Board of Education rule.
1630 (12) AFFORDABLE HOUSING.—
1631 (a) A district school board shall may use portions of
1632 school sites purchased within the guidelines of the State
1633 Requirements for Educational Facilities, land deemed not usable
1634 for educational purposes because of location or other factors,
1635 or land declared as surplus by the board to provide sites for
1636 affordable housing for teachers and other district personnel
1637 and, in areas of critical state concern, for other essential
1638 services personnel as defined by local affordable housing
1639 eligibility requirements, independently or in conjunction with
1640 other agencies as described in subsection (5).
1641 (b) Each district school board shall adopt best practices
1642 for surplus land programs, including, but not limited to:
1643 1. Establishing eligibility criteria for the receipt or
1644 purchase of surplus land by developers.
1645 2. Making the process for requesting surplus lands
1646 publicly available.
1647 3. Ensuring long-term affordability through ground leases
1648 by retaining the right of first refusal to purchase property
1649 that would be sold or offered at market rate and by requiring
1650 reversion of property not used for affordable housing within a
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1651 certain timeframe.
1652 4. Each district school board's most recent and all future
1653 educational plan surveys conducted pursuant to s. 235.15 shall
1654 be updated to include an inventory list of such surplus lands.
1655 Section 18. This act shall take effect July 1, 2025.
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HOUSING, AGRICULTURE, AND TOURISM SUBCOMMITTEE
HB 943 by Rep. Lopez, V.
Relating to Real Property and Land Use and Development
AMENDMENT SUMMARY
March 25, 2025
Amendment 1 by Rep. Lopez, V. (Line 171):
• Prohibits counties from adopting any ordinance that limits or prohibits affordable housing.
• Clarifies the authority of counties to approve the development of affordable housing on
certain lands owned by religious institutions, regardless of the underlying zoning.
• Defines “allowable density” as the density prescribed for a property without additional
requirements to procure and transfer density or development units from other properties.
• Allows, rather than requires, counties to authorize the inclusion of certain adjacent parcels
as part of a multifamily development, if the residential units meet affordability
requirements.
• Revises the definition of “highest height” to include the height of the tallest building in a
county located within 1 mile of a proposed development if the building exceeds the highest
height allowed on or after July 1, 2023.
• Requires certain proposed affordable housing developments to be treated as a conforming
use, notwithstanding a county’s comprehensive plan, future land use designation, or zoning.
• Removes the cause of action for certain property owners that are adversely affected by
certain building moratoriums.
• Requires any ordinance that designates property as a historic landmark to have a printed or
digital map of the property readily available, and requires the map to be submitted to the
State Historic Preservation Officer no later than June 1, 2027.
Amendment 2 by Rep. Lopez, V. (Line 563): The amendment duplicates the changes made in
Amendment 1 for counties and applies those changes to municipalities.
Amendment 3 by Rep. Lopez, V. (Line 932): The amendment restores the following provisions
under the Community Planning Act (CPA) to current law:
• The definitions of “compatibility” and “urban service area,” as used in the CPA.
• Guidelines for the required and optional elements of a local government’s comprehensive
plan under the CPA.
Amendment 4 by Rep. Lopez, V. (Line 1216): The amendment modifies the definition of
“accessory dwelling unit” to include certain manufactured homes.
Amendment 5 by Rep. Lopez, V. (Line 1361): The amendment:
• Requires both private and public sector employees, who partner with developers on
housing projects to support essential service and high-demand career employees, to
provide land and financial support for the housing projects.
• Defines “person” for purposes of the Fair Housing Act (FHA).
• Requires a court, upon finding that a person has committed a discriminatory housing
practice under the FHA, to issue an order prohibiting the practice and providing certain
affirmative relief from the effects of the practice.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 943 (2025)
Amendment No. 1
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Housing, Agriculture &
2 Tourism Subcommittee
3 Representative Lopez, V. offered the following:
4
5 Amendment (with title amendment)
6 Remove lines 171-562 and insert:
7 Section 1. Subsections (1), (6), (7), and (8) of section
8 125.01055, Florida Statutes, are amended, and subsections (9)
9 through (12) are added to that section, to read:
10 125.01055 Affordable housing.—
11 (1) Notwithstanding any other provision of law, a county
12 may adopt and maintain in effect any law, ordinance, rule, or
13 other measure that is adopted for the purpose of increasing the
14 supply of affordable housing using land use mechanisms such as
15 inclusionary housing or linkage fee ordinances. A county may not
16 adopt or enforce any law, ordinance, rule, or other measure that
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Bill No. HB 943 (2025)
Amendment No. 1
17 limits or prohibits affordable housing, including, but not
18 limited to, any measure that is adopted for the purpose of
19 limiting the maximum percentage of units within a certain
20 geographic area or within a certain distance from another
21 affordable housing project, or that otherwise prohibits
22 affordable housing in areas zoned for such use.
23 (6) Notwithstanding any other law or local ordinance or
24 regulation to the contrary, the board of county commissioners
25 may approve the development of housing that is affordable, as
26 defined in s. 420.0004, including, but not limited to, a mixed-
27 use residential development, on any parcel zoned for commercial
28 or industrial use, or on any parcel, including any contiguous
29 parcel connected thereto, that is owned by a religious
30 institution, as defined in s. 170.201(2), that contains a house
31 of public worship, regardless of the underlying zoning, so long
32 as at least 10 percent of the units included in the project are
33 for housing that is affordable. The provisions of this
34 subsection are self-executing and do not require the board of
35 county commissioners to adopt an ordinance or a regulation
36 before using the approval process in this subsection.
37 (7)(a) As used in this subsection, regardless of
38 terminology used in a county's land development regulations, the
39 term:
40 1. "Allowable density" means the density prescribed for
41 the property without additional requirements to procure and
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Bill No. HB 943 (2025)
Amendment No. 1
42 transfer density units or development units from other
43 properties.
44 2. "Allowable use" means the intended uses identified in a
45 county's land development regulations which are authorized
46 within a zoning category as a use by right, without the
47 requirement to obtain a variance or waiver. The term does not
48 include uses that are accessory, ancillary, or incidental to the
49 allowable uses or allowed only on a temporary basis.
50 3. "Commercial use" means activities associated with the
51 sale, rental, or distribution of products or the sale or
52 performance of services. The term includes, but is not limited
53 to, retail, office, entertainment, and other for-profit business
54 activities.
55 4. "Industrial use" means activities associated with the
56 manufacture, assembly, processing, or storage of products or the
57 performance of related services.
58 5. "Planned unit development" has the same meaning as in
59 s. 163.3202(5)(b).
60 (b)1.(a) Notwithstanding any other law, local ordinance,
61 or regulation to the contrary, including any local moratorium
62 established after March 29, 2023, a county must authorize
63 multifamily and mixed-use residential as allowable uses on any
64 site owned by the county, a district school board, or a
65 religious institution as defined in s. 170.201(2), and in any
66 area zoned for commercial, industrial, or mixed use; any planned
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 943 (2025)
Amendment No. 1
67 unit development permitted for commercial, industrial, or mixed
68 use; or any zoning district not zoned solely for use as a
69 single-family home or duplex, if at least 40 percent of the
70 residential units in a proposed multifamily or mixed-use
71 residential development are rental units that, for a period of
72 at least 30 years, are affordable as defined in s. 420.0004. A
73 county shall authorize the inclusion of an adjacent parcel of
74 land as part of the multifamily development, regardless of the
75 land use designation of the adjacent parcel, if the residential
76 units to be built on the adjacent parcel comply with the
77 requirements of this subsection.
78 2. Notwithstanding any other law, local ordinance, or
79 regulation to the contrary, a county may not require a proposed
80 multifamily or mixed-use residential development to acquire or
81 transfer density, density units, or development units or obtain
82 an amendment to a development of regional impact, amendment to a
83 development agreement, or amendment to a restrictive covenant or
84 a zoning or land use change, special exception, conditional use
85 approval, variance, or comprehensive plan amendment, or any
86 other approval for the building height, zoning, and densities
87 authorized under this subsection.
88 3. For mixed-use residential projects, at least 65 percent
89 of the total square footage must be used for residential
90 purposes. A county may not require more than 10 percent of the
91 total square footage to be used for nonresidential purposes.
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Bill No. HB 943 (2025)
Amendment No. 1
92 4. Notwithstanding any local land development regulation
93 categorization or title, areas zoned for mixed use shall be
94 defined as areas that include both residential and
95 nonresidential uses, regardless of whether the residential or
96 nonresidential uses are permitted as principal use, conditional
97 use, ancillary use, special use, unusual use, accessory use,
98 planned unit development, or planned development. Nonresidential
99 use includes, but is not limited to, retail, office, hotel,
100 lodging, civic, institutional, parking, utilities, or other
101 commercial uses.
102 5. Affordable or workforce units that receive any
103 incentive under subsection (4) also qualify as affordable under
104 this subsection as long as the units satisfy the requirements of
105 s. 420.0004 and the local regulations.
106 (c)(b) A county may not directly restrict or take action
107 that has the effect of restricting the density of a proposed
108 multifamily or mixed-use residential development authorized
109 under this subsection below the highest currently allowed
110 density allowed on or after July 1, 2023, on any unincorporated
111 land in the county where residential development is allowed
112 under the county's land development regulations. For purposes of
113 this paragraph, the term "highest currently allowed density"
114 does not include the density of any building that met the
115 requirements of this subsection or the density of any building
116 that has received any bonus, variance, or other special
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Bill No. HB 943 (2025)
Amendment No. 1
117 exception for density provided in the county's land development
118 regulations as an incentive for development. For purposes of
119 this paragraph, to "directly restrict" or to "take action that
120 has the effect of restricting" density includes requirements to
121 procure or transfer density units or development units from
122 other properties.
123 (d) A county may not directly restrict or take action that
124 has the effect of restricting the maximum lot size of a proposed
125 multifamily or mixed-use residential development authorized
126 under this paragraph below the largest maximum lot size allowed
127 on or after July 1, 2023, on any unincorporated land in the
128 county where multifamily or mixed-use residential development is
129 allowed pursuant to the county's land development regulations. A
130 county may not restrict the maximum lot coverage of a proposed
131 multifamily or mixed-use residential development authorized
132 under this paragraph below 70 percent.
133 (e)(c) A county may not directly restrict or take action
134 that has the effect of restricting the floor area ratio of a
135 proposed multifamily or mixed-use residential development
136 authorized under this subsection below 150 percent of the
137 highest currently allowed floor area ratio allowed on or after
138 July 1, 2023, on any unincorporated land in the county where
139 development is allowed under the county's land development
140 regulations. For purposes of this paragraph, the term "highest
141 currently allowed floor area ratio" does not include the floor
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 943 (2025)
Amendment No. 1
142 area ratio of any building that met the requirements of this
143 subsection or the floor area ratio of any building that has
144 received any bonus, variance, or other special exception for
145 floor area ratio provided in the county's land development
146 regulations as an incentive for development. For purposes of
147 this subsection, the term "floor area ratio" includes floor lot
148 ratio.
149 (f)(d)1. A county may not directly restrict or take action
150 that has the effect of restricting the height of a proposed
151 multifamily or mixed-use residential development authorized
152 under this subsection below the highest currently allowed height
153 allowed on or after July 1, 2023, for a commercial or
154 residential building located in its jurisdiction within 1 mile
155 of the proposed development or 3 stories, whichever is higher.
156 For purposes of this paragraph, the term "highest currently
157 allowed height" includes the height of the tallest existing
158 building located in its jurisdiction within 1 mile of the
159 proposed development if the existing building exceeds the
160 highest height allowed on or after July 1, 2023. However, the
161 term does not include the height of any building that met the
162 requirements of this subsection or the height of any building
163 that has received any bonus, variance, or other special
164 exception for height provided in the county's land development
165 regulations as an incentive for development.
166 2. If the proposed multifamily or mixed-use residential
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 943 (2025)
Amendment No. 1
167 development is adjacent to, on two or more sides, a parcel zoned
168 for single-family residential use which is within a single-
169 family residential development with at least 25 contiguous
170 single-family homes, the county may restrict the height of the
171 proposed development to 150 percent of the tallest building on
172 any property adjacent to the proposed development, the highest
173 currently allowed height allowed on or after July 1, 2023, for
174 the property provided in the county's land development
175 regulations, or 3 stories, whichever is higher. For the purposes
176 of this paragraph, the term "adjacent to" means those properties
177 sharing more than one point of a property line, but does not
178 include properties separated by a public road.
179 (g)1.(e) A proposed multifamily or mixed-use residential
180 development authorized under this subsection must be
181 administratively approved and no further action by the board of
182 county commissioners or any quasi-judicial board of the
183 reviewing body is not authorized required if the development
184 satisfies the county's land development regulations for
185 multifamily or mixed-use residential developments in areas zoned
186 for such use, density, intensity, and height, and is otherwise
187 consistent with the comprehensive plan, with the exception of
188 provisions establishing allowable densities, floor area ratios,
189 height, and land use, including mixed use and minimum
190 nonresidential or commercial floor area requirements. The
191 removal or demolition of an existing structure to be performed
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 943 (2025)
Amendment No. 1
192 as part of the proposed development must also be
193 administratively approved. A proposed development authorized
194 under this subsection must be treated as a conforming use,
195 notwithstanding the county's comprehensive plan, future land use
196 designation, or zoning. Such land development regulations
197 include, but are not limited to, regulations relating to
198 setbacks and parking requirements.
199 2. A county may not initiate or enforce zoning-in-progress
200 or a building moratorium on a proposed development that is
201 subject to this subsection and for which the county has approved
202 the development's preliminary site plan.
203 3. A proposed development located within one-quarter mile
204 of a military installation identified in s. 163.3175(2) may not
205 be administratively approved.
206 4. Each county shall maintain on its website a policy
207 containing the zoning map and zoning regulations in effect on
208 July 1, 2023, and the procedures and expectations for
209 administrative approval pursuant to this subsection.
210 (h)(f)1. A county must reduce consider reducing parking
211 requirements by at least 20 percent for a proposed development
212 authorized under this subsection, or by 100 percent for
213 structures that are 20,000 square feet or less if the
214 development is located within one-quarter mile of a transit
215 stop, as defined in the county's land development code, and the
216 transit stop is accessible from the development.
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Bill No. HB 943 (2025)
Amendment No. 1
217 2. A county must reduce parking requirements by at least
218 20 percent for a proposed development authorized under this
219 subsection if the development:
220 a. Is located within one-half mile of a major
221 transportation hub that is accessible from the proposed
222 development by safe, pedestrian-friendly means, such as
223 sidewalks, crosswalks, elevated pedestrian or bike paths, or
224 other multimodal design features; or and
225 b. Has available parking within 600 feet of the proposed
226 development which may consist of options such as on-street
227 parking, parking lots, or parking garages available for use by
228 residents of the proposed development. However, a county may not
229 require that the available parking compensate for the reduction
230 in parking requirements.
231 3. A county must eliminate parking requirements for a
232 proposed mixed-use residential development authorized under this
233 subsection within an area recognized by the county as a transit-
234 oriented development or area, as provided in paragraph (j) (h).
235 4. For purposes of this paragraph, the term "major
236 transportation hub" means any transit station, whether bus,
237 train, or light rail, which is served by public transit with a
238 mix of other transportation options.
239 (i)(g) For proposed multifamily developments in an
240 unincorporated area zoned for commercial or industrial use which
241 is within the boundaries of a multicounty independent special
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 943 (2025)
Amendment No. 1
242 district that was created to provide municipal services and is
243 not authorized to levy ad valorem taxes, and less than 20
244 percent of the land area within such district is designated for
245 commercial or industrial use, a county must authorize, as
246 provided in this subsection, such development only if the
247 development is mixed-use residential.
248 (j)(h) A proposed development authorized under this
249 subsection which is located within a transit-oriented
250 development or area, as recognized by the county, must be mixed-
251 use residential and otherwise comply with requirements of the
252 county's regulations applicable to the transit-oriented
253 development or area except for use, height, density, floor area
254 ratio, and parking as provided in this subsection or as
255 otherwise agreed to by the county and the applicant for the
256 development.
257 (i) Except as otherwise provided in this subsection, a
258 development authorized under this subsection must comply with
259 all applicable state and local laws and regulations.
260 (k)(j)1. Nothing in this subsection precludes a county
261 from granting a bonus, variance, conditional use, or other
262 special exception for height, density, or floor area ratio in
263 addition to the height, density, and floor area ratio
264 requirements in this subsection.
265 2. Nothing in this subsection precludes a proposed
266 development authorized under this subsection from receiving a
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Bill No. HB 943 (2025)
Amendment No. 1
267 bonus for density, height, or floor area ratio pursuant to an
268 ordinance or regulation of the jurisdiction where the proposed
269 development is located if the proposed development satisfies the
270 conditions to receive the bonus except for any condition which
271 conflicts with this subsection. If a proposed development
272 qualifies for such bonus, the bonus must be administratively
273 approved by the county and no further action by the board of
274 county commissioners is required.
275 (l) A county shall approve a building permit plan review
276 for a proposed development within 60 days as authorized under
277 this subsection, and prioritize a building permit plan review
278 for projects authorized under this subsection over other
279 development projects.
280 (m) Notwithstanding s. 57.112(6), the prevailing party in
281 a challenge under this subsection is entitled to recover
282 attorney fees and costs, including reasonable appellate attorney
283 fees and costs.
284 (n)(k) This subsection does not apply to:
285 1. Airport-impacted areas as provided in s. 333.03.
286 2. Property defined as recreational and commercial working
287 waterfront in s. 342.201(2)(b) in any area zoned as industrial.
288 (o) After July 1, 2023, if a county adopts an ordinance or
289 resolution, or makes any other decision, and such ordinance,
290 resolution, or decision has the effect, either directly or
291 indirectly, of:
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Bill No. HB 943 (2025)
Amendment No. 1
292 1. Limiting the height, floor area ratio, or density of a
293 project under this section;
294 2. Unreasonably delaying the development or construction
295 of a project under this section, including, but not limited to,
296 imposing a moratorium;
297 3. Restricting the manner in which affordable units are
298 developed or accessed within a project or regulating the types
299 of units in the project; or
300 4. Restricting or limiting a project under this section in
301 any other way,
302
303 then such ordinance, resolution, or decision shall be deemed
304 preempted. If a property owner files a site plan application
305 under this section with a county, the administrative review
306 process must be based only on the land development regulations
307 in effect as of the date of filing the application.
308 (p) The regulation of affordable housing under this
309 subsection is expressly preempted to the state. This subsection
310 supersedes any local government ordinances, resolutions, or any
311 other local regulations, including local moratoriums, on matters
312 covered under this subsection.
313 (q) If an action is filed against a local government to
314 challenge the adoption or enforcement of a local ordinance,
315 resolution, or other local regulation on the grounds that it is
316 expressly preempted by general law under this subsection, the
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Bill No. HB 943 (2025)
Amendment No. 1
317 court shall expedite the proceeding and render a decision within
318 30 days after service of process. Notice of appeal shall be
319 filed and served within 30 days after the rendition of the
320 judgment appealed from. The Supreme Court shall adopt rules by
321 October 1, 2025, to ensure the proceedings are handled
322 expeditiously and in a manner consistent with this subsection.
323 (r)(l) This subsection expires October 1, 2033.
324 (8) Any development authorized under paragraph (7)(b)
325 (7)(a) must be treated as a conforming use even after the
326 expiration of subsection (7) and the development's affordability
327 period as provided in paragraph (7)(b) (7)(a), notwithstanding
328 the county's comprehensive plan, future land use designation, or
329 zoning. If at any point during the development's affordability
330 period the development violates the affordability period
331 requirement provided in paragraph (7)(b) (7)(a), the development
332 must be allowed a reasonable time to cure such violation. If the
333 violation is not cured within a reasonable time, the development
334 must be treated as a nonconforming use.
335 (9) A county's review or approval of an application for a
336 development permit or development order may not be conditioned
337 on the:
338 (a) Waiver, forbearance, acquisition, transfer, or
339 abandonment of any development right authorized by this section;
340 or
341 (b) Procurement or transfer of density units or
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Bill No. HB 943 (2025)
Amendment No. 1
342 development units.
343
344 Any such waiver, forbearance, acquisition, transfer,
345 procurement, or abandonment is void.
346 (10)(a) Beginning June 30, 2026, each county must provide
347 an annual report to the state land planning agency that
348 includes:
349 1. All litigation initiated under subsection (9), the
350 status of the case, and, if applicable, the final disposition.
351 2. All actions the county has taken on any proposed
352 project under this section, including, at minimum, the project
353 size, density, and intensity, and the number of units and the
354 number of affordable units for such proposed project.
355 3. For any proposed development that is denied or not
356 accepted, all actions the county has taken on such proposed
357 development and an explanation for why such actions were taken.
358 (b) The state land planning agency shall provide an annual
359 report to the Governor, the President of the Senate, and the
360 Speaker of the House of Representatives regarding county
361 compliance with this section.
362 (11) A county may not impose a building moratorium that
363 has the effect of delaying the permitting of construction of a
364 multifamily project that would otherwise qualify for:
365 (a) An affordable housing ad valorem tax exemption under
366 s. 196.1978 or s. 196.1979.
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Bill No. HB 943 (2025)
Amendment No. 1
367 (b) Any grant loan or other incentive provided for the
368 development of affordable housing under chapter 420.
369 (c) Any abatement of development restrictions under
370 subsection (7).
371 (12) If the owner of an administratively approved proposed
372 development has acted in reliance on that approval, the owner
373 has a vested right to proceed with development under the
374 relevant laws, regulations, and ordinances at the time such
375 rights vested, if the property continues to comply with the
376 requirements of this section.
377 Section 2. Subsection (11) of section 163.31801, Florida
378 Statutes, is amended to read:
379 163.31801 Impact fees; short title; intent; minimum
380 requirements; audits; challenges.—
381 (11)(a) A county, municipality, or special district may
382 provide an exception or waiver for an impact fee for the
383 development or construction of housing that is affordable, as
384 defined in s. 420.9071. If a county, municipality, or special
385 district provides such an exception or waiver, it is not
386 required to use any revenues to offset the impact.
387 (b) Qualified developments authorized pursuant to s.
388 125.01055 or s. 166.04151 shall receive an exception or waiver
389 for 20 percent of the impact fees for the development of, or
390 construction of the portion of the development that is,
391 affordable housing.
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Bill No. HB 943 (2025)
Amendment No. 1
392 Section 3. Subsection (2) of section 166.041, Florida
393 Statutes, is amended to read:
394 166.041 Procedures for adoption of ordinances and
395 resolutions.—
396 (2)(a) Each ordinance or resolution shall be introduced in
397 writing and shall embrace but one subject and matters properly
398 connected therewith. The subject shall be clearly stated in the
399 title. No ordinance shall be revised or amended by reference to
400 its title only. Ordinances to revise or amend shall set out in
401 full the revised or amended act or section or subsection or
402 paragraph of a section or subsection.
403 (b) Any ordinance the subject of which designates property
404 as a historic landmark shall require a printed or digital map of
405 such property to be readily available. A municipality shall
406 submit such map to the State Historic Preservation Officer no
407 later than June 1, 2027.
408 (c) Any resolution the subject of which designates the
409 character of privately owned property as a historic landmark
410 without the consent of the property owner shall require a
411 finding by the governing body, based on substantial competent
412 evidence, that the historic significance of the subject property
413 is commensurate, to an equal or greater degree, with property
414 that is already designated as a historic landmark within the
415 municipality.
416
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Bill No. HB 943 (2025)
Amendment No. 1
417 -----------------------------------------------------
418 T I T L E A M E N D M E N T
419 Remove lines 3-101 and insert:
420 development; amending s. 125.01055, F.S.; prohibiting
421 counties from adopting or enforcing specified laws,
422 ordinances, rules, or other measures relating to
423 affordable housing; authorizing the board of county
424 commissioners to approve the development of housing
425 that is affordable on any parcel that is owned by a
426 specified religious institution; providing
427 definitions; requiring counties to authorize
428 multifamily and mixed-use residential as allowable
429 uses on sites owned by specified entities and in
430 planned unit developments for specified use, if
431 certain conditions are met; requiring counties to
432 include adjacent land as part of multifamily
433 development, regardless of land use designation, if
434 certain conditions are met; prohibiting counties from
435 requiring a proposed mixed-use residential development
436 to obtain certain amendments; prohibiting counties
437 from requiring more than a certain percentage of total
438 square footage to be used for specified purposes;
439 requiring a specified definition of areas zoned for
440 mixed use; providing that certain affordable or
441 workforce units also qualify as affordable housing;
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Bill No. HB 943 (2025)
Amendment No. 1
442 prohibiting counties from requiring a proposed
443 multifamily development to acquire or transfer
444 density, density units, or development units or obtain
445 certain amendments or approval; prohibiting counties
446 from restricting or taking action that has the effect
447 of restricting the density of a proposed multifamily
448 or mixed-use residential development below the highest
449 density on or after a specified date; providing
450 construction; prohibiting counties from restricting or
451 taking action that has the effect of restricting the
452 maximum lot size of a proposed multifamily or mixed-
453 use residential development below the largest maximum
454 lot size on or after a specified date; prohibiting
455 counties from restricting or taking action that has
456 the effect of restricting the floor area ratio of a
457 proposed multifamily or mixed-use residential
458 development below a certain percentage allowed on or
459 after a specified date; prohibiting counties from
460 restricting or taking action that has the effect of
461 restricting the height of a proposed multifamily or
462 mixed-use residential development below the highest
463 height on or after a specified date; providing
464 construction; revising the ability of counties to
465 restrict the height of multifamily or mixed-use
466 residential developments that are adjacent specified
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Bill No. HB 943 (2025)
Amendment No. 1
467 parcels to the highest height allowed on or after a
468 specified date; requiring administrative approval of
469 proposed multifamily or mixed-use residential
470 developments with no further action or approval in
471 certain instances; requiring such developments to be
472 treated as a conforming use, notwithstanding certain
473 land development regulations; prohibiting counties
474 from initiating or enforcing zoning-in-progress or
475 building moratoriums in certain instances; requiring
476 counties to maintain on its website a specified
477 policy; requiring counties to approve, within a
478 specified time frame, building permit plan review for
479 proposed developments; providing for the awarding of
480 attorney fees and costs under certain conditions;
481 providing that if a county adopts an ordinance or
482 resolution, or makes any other decision, after a
483 specified date having certain listed effects, the
484 ordinance, resolution, or decision is deemed
485 preempted; preempting the regulation of affordable
486 housing to the state; requiring courts to expedite
487 proceedings and render an order within a specified
488 timeframe if an action is filed against a local
489 government based on preemption grounds; requiring
490 notice of appeal to be filed and served within a
491 specified timeframe from such judgment; requiring the
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Bill No. HB 943 (2025)
Amendment No. 1
492 Supreme Court to adopt rules by a specified date for
493 such expedited proceedings; prohibiting counties from
494 conditioning review or approval of applications for
495 development permits or orders on the waiver,
496 forbearance, acquisition, transfer, or abandonment of
497 any development right, or the procurement or transfer
498 of density units or development units; deeming such
499 actions to be void; providing certain reporting
500 requirements beginning on a specified date; providing
501 reporting requirements; prohibiting the imposition of
502 a building moratorium under certain circumstances;
503 providing that the owner of an administratively
504 approved proposed development has a vested right to
505 proceed with development under certain circumstances;
506 amending s. 163.31801, F.S.; requiring an exception or
507 waiver for a specified percentage of the impact fees
508 for certain developments; amending s. 166.041, F.S.;
509 requiring that ordinances designating property as a
510 historic landmark require a map to be readily
511 available; requiring municipalities to submit such
512 maps to the State Historic Preservation Officer by a
513 specified date; requiring that resolutions designating
514 certain privately owned property as a historic
515 landmark be based on a certain finding by the
516 governing body for adoption of such resolutions;
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Bill No. HB 943 (2025)
Amendment No. 1
517 amending s. 166.04151, F.S.; requiring the governing
518 body of a municipality to approve the development of
519 housing that is affordable if certain requirements are
520 met; providing definitions; requiring municipalities
521 to authorize multifamily and mixed-use residential as
522 allowable uses on sites owned by specified entities
523 and in planned unit developments for specified use, if
524 certain conditions are met; requiring municipalities
525 to include adjacent land as part of multifamily
526 development, regardless of land use designation, if
527 certain conditions are met; prohibiting municipalities
528 from requiring a proposed mixed-use residential
529 development to obtain certain amendments; prohibiting
530 municipalities from requiring more than a certain
531 percentage of total square footage to be used for
532 specified purposes; requiring a specified definition
533 of areas zoned for mixed use; providing that certain
534 affordable or workforce units also qualify as
535 affordable housing; prohibiting municipalities from
536 restricting the density of a proposed multifamily or
537 mixed-use residential development below the highest
538 density on or after a specified date; prohibiting
539 municipalities from restricting the maximum lot size
540 of a proposed multifamily or mixed-use residential
541 development below the highest maximum lot size on or
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Bill No. HB 943 (2025)
Amendment No. 1
542 after a specified date; prohibiting municipalities
543 from restricting the floor area ratio of a proposed
544 multifamily or mixed-use residential development below
545 a certain percentage allowed on or after a specified
546 date; prohibiting municipalities from restricting the
547 height of a proposed multifamily or mixed-use
548 residential development below the highest height on or
549 after a specified date; revising the ability of
550 municipalities to restrict the height of multifamily
551 or mixed-use residential developments that are
552 adjacent specified parcels to the highest height
553 allowed on or after a specified date; requiring
554 administrative approval of proposed multifamily or
555 mixed-use residential developments without a public
556 hearing in certain instances; prohibiting
557 municipalities from initiating or enforcing zoning-in-
558 progress or building moratoriums in certain instances;
559 requiring municipalities to maintain on its website a
560 specified policy; requiring municipalities to reduce
561 certain parking requirements by a specified
562 percentage; requiring municipalities to approve,
563 within a specified time frame, building permit plan
564 review for proposed developments; providing for the
565 awarding of attorney fees and costs under certain
566 conditions; providing that if a municipality adopts an
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Bill No. HB 943 (2025)
Amendment No. 1
567 ordinance or resolution, or makes any other decision,
568 after a specified date having certain listed effects,
569 the ordinance, resolution, or decision is deemed
570 preempted; preempting the regulation of affordable
571 housing to the state; providing that the
572 administrative review process of a site plan filed
573 with a municipality must be based on land development
574 regulations in effect as of the date of filing the
575 application; requiring courts to expedite proceedings
576 and render an order within a specified timeframe if an
577 action is filed against a local government based on
578 preemption grounds; requiring notice of appeal to be
579 filed and served within a specified timeframe from
580 such judgment; requiring the Supreme Court to adopt
581 rules by a specified date for such expedited
582 proceedings; prohibiting municipalities from
583 conditioning review or approval of applications for
584 development permits or orders on the waiver,
585 forbearance, or abandonment of any development right;
586 deeming such actions to be void; providing certain
587 reporting requirements beginning on a specified date;
588 providing reporting requirements; prohibiting the
589 imposition of a building moratorium under certain
590 circumstances; providing that certain property owners
591 have a cause of action; authorizing a court to provide
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 943 (2025)
Amendment No. 1
592 specified relief, costs, and fees; providing a maximum
593 award; providing that certain property owners have
594 specified rights; amending s. 163.2517, F.S.;
595 requiring that proposed
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 943 (2025)
Amendment No. 2
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Housing, Agriculture &
2 Tourism Subcommittee
3 Representative Lopez, V. offered the following:
4
5 Amendment (with title amendment)
6 Remove lines 563-917 and insert:
7 Section 4. Subsections (1), (6), (7), and (8) of section
8 166.04151, Florida Statutes, are amended, and subsections (9)
9 through (12) are added to that section, to read:
10 166.04151 Affordable housing.—
11 (1) Notwithstanding any other provision of law, a
12 municipality may adopt and maintain in effect any law,
13 ordinance, rule, or other measure that is adopted for the
14 purpose of increasing the supply of affordable housing using
15 land use mechanisms such as inclusionary housing or linkage fee
16 ordinances. A municipality may not adopt or enforce any law,
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Bill No. HB 943 (2025)
Amendment No. 2
17 ordinance, rule, or other measure that limits or prohibits
18 affordable housing, including, but not limited to, any measure
19 that is adopted for the purpose of limiting the maximum
20 percentage of units within a certain geographic area or within a
21 certain distance from another affordable housing project, or
22 that otherwise prohibits affordable housing in areas zoned for
23 such use.
24 (6) Notwithstanding any other law or local ordinance or
25 regulation to the contrary, the governing body of a municipality
26 may approve the development of housing that is affordable, as
27 defined in s. 420.0004, including, but not limited to, a mixed-
28 use residential development, on any parcel zoned for commercial
29 or industrial use, or on any parcel, including any contiguous
30 parcel connected thereto, that is owned by a religious
31 institution, as defined in s. 170.201(2), that contains a house
32 of public worship, regardless of the underlying zoning, so long
33 as at least 10 percent of the units included in the project are
34 for housing that is affordable. The provisions of this
35 subsection are self-executing and do not require the governing
36 body to adopt an ordinance or a regulation before using the
37 approval process in this subsection.
38 (7)(a) As used in this subsection, regardless of
39 terminology used in a municipality's land development
40 regulations, the term:
41 1. "Allowable density" means the density prescribed for
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Bill No. HB 943 (2025)
Amendment No. 2
42 the property without additional requirements to procure and
43 transfer density units or development units from other
44 properties.
45 2. "Allowable use" means the intended uses identified in a
46 municipality's land development regulations which are authorized
47 within a zoning category as a use by right, without the
48 requirement to obtain a variance or waiver. The term does not
49 include uses that are accessory, ancillary, or incidental to the
50 allowable uses or allowed only on a temporary basis.
51 3. "Commercial use" means activities associated with the
52 sale, rental, or distribution of products or the sale or
53 performance of services. The term includes, but is not limited
54 to, retail, office, entertainment, and other for-profit business
55 activities.
56 4. "Industrial use" means activities associated with the
57 manufacture, assembly, processing, or storage of products or the
58 performance of related services.
59 5. "Planned unit development" has the same meaning as in
60 s. 163.3202(5)(b).
61 (b)1.(a) Notwithstanding any other law, local ordinance,
62 or regulation to the contrary, including any local moratorium
63 established after March 29, 2023, a municipality must authorize
64 multifamily and mixed-use residential as allowable uses on any
65 site owned by the municipality, a district school board, a
66 religious institution as defined in s. 170.201(2), and in any
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Bill No. HB 943 (2025)
Amendment No. 2
67 area zoned for commercial, industrial, or mixed use, any planned
68 unit development permitted for commercial, industrial, or mixed
69 use, or in any zoning district not zoned solely for use as a
70 single-family home or duplex, if at least 40 percent of the
71 residential units in a proposed multifamily or mixed-used
72 residential development are rental units that, for a period of
73 at least 30 years, are affordable as defined in s. 420.0004(3)
74 s. 420.0004. A municipality shall authorize the inclusion of an
75 adjacent parcel of land as part of the multifamily development,
76 regardless of the land use designation of the adjacent parcel,
77 if the residential units to be built on the adjacent parcel
78 comply with the requirements of this subsection.
79 2. Notwithstanding any other law, local ordinance, or
80 regulation to the contrary, a municipality may not require a
81 proposed multifamily or mixed-use residential development to
82 obtain an amendment to a development of regional impact,
83 amendment to a development agreement, or amendment to a
84 restrictive covenant or a zoning or land use change, special
85 exception, conditional use approval, variance, or comprehensive
86 plan amendment, or any other approval for the building height,
87 zoning, and densities authorized under this subsection.
88 3. For mixed-use residential projects, at least 65 percent
89 of the total square footage must be used for residential
90 purposes.
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Amendment No. 2
91 A municipality may not require more than 10 percent of the total
92 square footage to be used for nonresidential purposes.
93 4. Notwithstanding any local land development regulation
94 categorization or title, areas zoned for mixed use shall be
95 defined as areas that include both residential and
96 nonresidential uses, regardless of whether the residential or
97 nonresidential uses are permitted as principal use, conditional
98 use, ancillary use, special use, unusual use, accessory use,
99 planned unit development, or planned development. Nonresidential
100 use includes, but is not limited to, retail, office, hotel,
101 lodging, civic, institutional, parking, utilities, or other
102 commercial uses.
103 5. Affordable or workforce units that receive any
104 incentive under subsection (4) also qualify as affordable under
105 this subsection as long as the units satisfy the requirements of
106 s. 420.0004 and the local regulations.
107 (c)(b) A municipality may not directly restrict or take
108 action that has the effect of restricting the density of a
109 proposed multifamily or mixed-use residential development
110 authorized under this subsection below the highest currently
111 allowed density allowed on or after July 1, 2023, on any land in
112 the municipality where residential development is allowed under
113 the municipality's land development regulations. For purposes of
114 this paragraph, the term "highest currently allowed density"
115 does not include the density of any building that met the
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Bill No. HB 943 (2025)
Amendment No. 2
116 requirements of this subsection or the density of any building
117 that has received any bonus, variance, or other special
118 exception for density provided in the municipality's land
119 development regulations as an incentive for development. For
120 purposes of this paragraph, to "directly restrict" or to "take
121 action that has the effect of restricting" density includes
122 requirements to procure or transfer density units or development
123 units from other properties.
124 (d) A municipality may not directly restrict or take
125 action that has the effect of restricting the maximum lot size
126 of a proposed multifamily or mixed-use residential development
127 authorized under this paragraph below the largest maximum lot
128 size allowed on or after July 1, 2023, on any land in the
129 municipality where multifamily or mixed-use residential
130 development is allowed pursuant to the municipality's land
131 development regulations. A municipality may not restrict the
132 maximum lot coverage of a proposed multifamily or mixed-use
133 residential development authorized under this paragraph below 70
134 percent.
135 (e)(c) A municipality may not directly restrict or take
136 action that has the effect of restricting the floor area ratio
137 of a proposed multifamily or mixed-use residential development
138 authorized under this subsection below 150 percent of the
139 highest currently allowed floor area ratio allowed on or after
140 July 1, 2023, on any land in the municipality where development
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Bill No. HB 943 (2025)
Amendment No. 2
141 is allowed under the municipality's land development
142 regulations. For purposes of this paragraph, the term "highest
143 currently allowed floor area ratio" does not include the floor
144 area ratio of any building that met the requirements of this
145 subsection or the floor area ratio of any building that has
146 received any bonus, variance, or other special exception for
147 floor area ratio provided in the municipality's land development
148 regulations as an incentive for development. For purposes of
149 this subsection, the term "floor area ratio" includes floor lot
150 ratio.
151 (f)(d)1. A municipality may not directly restrict or take
152 action that has the effect of restricting the height of a
153 proposed multifamily or mixed-use residential development
154 authorized under this subsection below the highest currently
155 allowed height allowed on or after July 1, 2023, for a
156 commercial or residential building located in its jurisdiction
157 within 1 mile of the proposed development or 3 stories,
158 whichever is higher. For purposes of this paragraph, the term
159 "highest currently allowed height" includes the height of the
160 tallest existing building located in its jurisdiction within 1
161 mile of the proposed development if the existing building
162 exceeds the highest height allowed on or after July 1, 2023.
163 However, the term does not include the height of any building
164 that met the requirements of this subsection or the height of
165 any building that has received any bonus, variance, or other
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Bill No. HB 943 (2025)
Amendment No. 2
166 special exception for height provided in the municipality's land
167 development regulations as an incentive for development.
168 2. If the proposed multifamily or mixed-use residential
169 development is adjacent to, on two or more sides, a parcel zoned
170 for single-family residential use that is within a single-family
171 residential development with at least 25 contiguous single-
172 family homes, the municipality may restrict the height of the
173 proposed development to 150 percent of the tallest building on
174 any property adjacent to the proposed development, the highest
175 currently allowed height allowed on or after July 1, 2023, for
176 the property provided in the municipality's land development
177 regulations, or 3 stories, whichever is higher. For the purposes
178 of this paragraph, the term "adjacent to" means those properties
179 sharing more than one point of a property line, but does not
180 include properties separated by a public road.
181 (g)1.(e) A proposed multifamily or mixed-use residential
182 development authorized under this subsection must be
183 administratively approved and no further action or approval by
184 the governing body of the municipality or any quasi-judicial
185 board of the reviewing body is not authorized required if the
186 development satisfies the municipality's land development
187 regulations for multifamily or mixed-use residential
188 developments as of July 1, 2023, in areas zoned for such use,
189 density, intensity, and height, and is otherwise consistent with
190 the comprehensive plan, with the exception of provisions
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Bill No. HB 943 (2025)
Amendment No. 2
191 establishing allowable densities, floor area ratios, height, and
192 land use, including mixed use and minimum nonresidential or
193 commercial floor area requirements. The removal or demolition of
194 an existing structure to be performed as part of the proposed
195 development must also be administratively approved. A proposed
196 development authorized under this subsection must be treated as
197 a conforming use, notwithstanding the municipality's
198 comprehensive plan, future land use designation, or zoning. Such
199 land development regulations include, but are not limited to,
200 regulations relating to setbacks and parking requirements.
201 2. A municipality may not initiate or enforce zoning-in-
202 progress or a building moratorium on a proposed development that
203 is subject to this subsection and for which the municipality has
204 approved the development's preliminary site plan.
205 3. A proposed development located within one-quarter mile
206 of a military installation identified in s. 163.3175(2) may not
207 be administratively approved.
208 4. Each municipality shall maintain on its website a
209 policy containing the zoning map and zoning regulations in
210 effect on July 1, 2023, and the procedures and expectations for
211 administrative approval pursuant to this subsection.
212 (h)(f)1. A municipality must reduce consider reducing
213 parking requirements by at least 20 percent for a proposed
214 development authorized under this subsection, or by 100 percent
215 for structures that are 20,000 square feet or less if the
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Bill No. HB 943 (2025)
Amendment No. 2
216 development is located within one-quarter mile of a transit
217 stop, as defined in the municipality's land development code,
218 and the transit stop is accessible from the development.
219 2. A municipality must reduce parking requirements by at
220 least 20 percent for a proposed development authorized under
221 this subsection if the development:
222 a. Is located within one-half mile of a major
223 transportation hub that is accessible from the proposed
224 development by safe, pedestrian-friendly means, such as
225 sidewalks, crosswalks, elevated pedestrian or bike paths, or
226 other multimodal design features; or.
227 b. Has available parking within 600 feet of the proposed
228 development which may consist of options such as on-street
229 parking, parking lots, or parking garages available for use by
230 residents of the proposed development. However, a municipality
231 may not require that the available parking compensate for the
232 reduction in parking requirements.
233 3. A municipality must eliminate parking requirements for
234 a proposed mixed-use residential development authorized under
235 this subsection within an area recognized by the municipality as
236 a transit-oriented development or area, as provided in paragraph
237 (j) (h).
238 4. For purposes of this paragraph, the term "major
239 transportation hub" means any transit station, whether bus,
240 train, or light rail, which is served by public transit with a
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Bill No. HB 943 (2025)
Amendment No. 2
241 mix of other transportation options.
242 (i)(g) A municipality that designates less than 20 percent
243 of the land area within its jurisdiction for commercial or
244 industrial use must authorize a proposed multifamily development
245 as provided in this subsection in areas zoned for commercial or
246 industrial use only if the proposed multifamily development is
247 mixed-use residential.
248 (j)(h) A proposed development authorized under this
249 subsection which is located within a transit-oriented
250 development or area, as recognized by the municipality, must be
251 mixed-use residential and otherwise comply with requirements of
252 the municipality's regulations applicable to the transit-
253 oriented development or area except for use, height, density,
254 floor area ratio, and parking as provided in this subsection or
255 as otherwise agreed to by the municipality and the applicant for
256 the development.
257 (i) Except as otherwise provided in this subsection, a
258 development authorized under this subsection must comply with
259 all applicable state and local laws and regulations.
260 (k)(j)1. Nothing in this subsection precludes a
261 municipality from granting a bonus, variance, conditional use,
262 or other special exception to height, density, or floor area
263 ratio in addition to the height, density, and floor area ratio
264 requirements in this subsection.
265 2. Nothing in this subsection precludes a proposed
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Amendment No. 2
266 development authorized under this subsection from receiving a
267 bonus for density, height, or floor area ratio pursuant to an
268 ordinance or regulation of the jurisdiction where the proposed
269 development is located if the proposed development satisfies the
270 conditions to receive the bonus except for any condition which
271 conflicts with this subsection. If a proposed development
272 qualifies for such bonus, the bonus must be administratively
273 approved by the municipality and no further action by the
274 governing body of the municipality is required.
275 (l) A municipality shall approve building permit plan
276 review for a proposed development within 60 days authorized
277 under this subsection, and prioritize building permit plan
278 review for projects authorized under this subsection over other
279 development projects.
280 (m) Notwithstanding s. 57.112(6), the prevailing party in
281 a challenge under this subsection is entitled to recover
282 attorney fees and costs, including reasonable appellate attorney
283 fees and costs.
284 (n)(k) This subsection does not apply to:
285 1. Airport-impacted areas as provided in s. 333.03.
286 2. Property defined as recreational and commercial working
287 waterfront in s. 342.201(2)(b) in any area zoned as industrial.
288 (o) After July 1, 2023, if a municipality adopts an
289 ordinance or resolution, or makes any other decision, and such
290 ordinance, resolution, or decision has the effect, either
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Amendment No. 2
291 directly or indirectly, of:
292 1. Limiting the height, floor area ratio, or density of a
293 project under this section;
294 2. Unreasonably delaying the development or construction
295 of a project under this section, including, but not limited to,
296 imposing a moratorium;
297 3. Restricting the manner in which affordable units are
298 developed or accessed within a project or regulating the types
299 of units in the project; or
300 4. Restricting or limiting a project under this section in
301 any other way,
302
303 then such ordinance, resolution, or decision shall be deemed
304 preempted. If a property owner files a site plan application
305 under this section with a municipality, the administrative
306 review process must be based only on the land development
307 regulations in effect as of the date of filing the application.
308 (p) The regulation of affordable housing under this
309 subsection is expressly preempted to the state. This subsection
310 supersedes any local government ordinances, resolutions, or any
311 other local regulations, including local moratoriums, on matters
312 covered under this subsection.
313 (q) If an action is filed against a local government to
314 challenge the adoption or enforcement of a local ordinance,
315 resolution, or other local regulation on the grounds that it is
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Bill No. HB 943 (2025)
Amendment No. 2
316 expressly preempted by general law under this subsection, the
317 court shall expedite the proceeding and render a decision within
318 30 days after service of process. Notice of appeal shall be
319 filed and served within 30 days from the rendition of the
320 judgment appealed from. The Supreme Court shall adopt rules by
321 October 1, 2025, to ensure the proceedings are handled
322 expeditiously and in a manner consistent with this subsection.
323 (r)(l) This subsection expires October 1, 2033.
324 (8) Any development authorized under paragraph (7)(b)
325 (7)(a) must be treated as a conforming use even after the
326 expiration of subsection (7) and the development's affordability
327 period as provided in paragraph (7)(b) (7)(a), notwithstanding
328 the municipality's comprehensive plan, future land use
329 designation, or zoning. If at any point during the development's
330 affordability period the development violates the affordability
331 period requirement provided in paragraph (7)(b) (7)(a), the
332 development must be allowed a reasonable time to cure such
333 violation. If the violation is not cured within a reasonable
334 time, the development must be treated as a nonconforming use.
335 (9) A municipality's review or approval of an application
336 for a development permit or development order may not be
337 conditioned on the:
338 (a) Waiver, forbearance, acquisition, transfer, or
339 abandonment of any development right authorized by this section;
340 or
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Bill No. HB 943 (2025)
Amendment No. 2
341 (b) Procurement or transfer of density units or
342 development units.
343
344 Any such waiver, forbearance, acquisition, transfer,
345 procurement, or abandonment is void.
346 (10)(a) Beginning June 30, 2026, each municipality must
347 provide an annual report to the state land planning agency that
348 includes:
349 1. All litigation initiated under subsection (9), the
350 status of the case, and, if applicable, the final disposition.
351 2. All actions the municipality has taken on any proposed
352 project under this section, including, at minimum, the project
353 size, density, and intensity, and the number of units and the
354 number of affordable units for such proposed project.
355 3. For any proposed development that is denied or not
356 accepted, all actions the municipality has taken relating to
357 such proposed development and an explanation for why such
358 actions were taken.
359 (b) The state land planning agency shall provide an annual
360 report to the Governor, the President of the Senate, and the
361 Speaker of the House of Representatives regarding municipal
362 compliance with this section.
363 (11) A municipality may not impose a building moratorium
364 that has the effect of delaying the permitting of construction
365 of a multifamily project that would otherwise qualify for:
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Amendment No. 2
366 (a) An affordable housing ad valorem tax exemption under
367 s. 196.1978 or s. 196.1979.
368 (b) Any grant loan or other incentive provided for the
369 development of affordable housing under chapter 420.
370 (c) Any abatement of development restrictions under
371 subsection (7).
372
373 -----------------------------------------------------
374 T I T L E A M E N D M E N T
375 Remove lines 3-101 and insert:
376 development; amending s. 125.01055, F.S.; requiring
377 the board of county commissioners to approve the
378 development of housing that is affordable if certain
379 requirements are met; providing definitions; requiring
380 counties to authorize multifamily and mixed-use
381 residential as allowable uses on sites owned by
382 specified entities and in planned unit developments
383 for specified use, if certain conditions are met;
384 requiring counties to include adjacent land as part of
385 multifamily development, regardless of land use
386 designation, if certain conditions are met;
387 prohibiting counties from requiring a proposed mixed-
388 use residential development to obtain certain
389 amendments; prohibiting counties from requiring more
390 than a certain percentage of total square footage to
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Bill No. HB 943 (2025)
Amendment No. 2
391 be used for specified purposes; requiring a specified
392 definition of areas zoned for mixed use; providing
393 that certain affordable or workforce units also
394 qualify as affordable housing; prohibiting counties
395 from restricting the density of a proposed multifamily
396 or mixed-use residential development below the highest
397 density on or after a specified date; prohibiting
398 counties from restricting the maximum lot size of a
399 proposed multifamily or mixed-use residential
400 development below the highest maximum lot size on or
401 after a specified date; prohibiting counties from
402 restricting the floor area ratio of a proposed
403 multifamily or mixed-use residential development below
404 a certain percentage allowed on or after a specified
405 date; prohibiting counties from restricting the height
406 of a proposed multifamily or mixed-use residential
407 development below the highest height on or after a
408 specified date; revising the ability of counties to
409 restrict the height of multifamily or mixed-use
410 residential developments that are adjacent specified
411 parcels to the highest height allowed on or after a
412 specified date; requiring administrative approval of
413 proposed multifamily or mixed-use residential
414 developments without a public hearing in certain
415 instances; prohibiting counties from initiating or
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Bill No. HB 943 (2025)
Amendment No. 2
416 enforcing zoning-in-progress or building moratoriums
417 in certain instances; requiring counties to maintain
418 on its website a specified policy; requiring a county
419 to reduce certain parking requirements by a specified
420 percentage; requiring counties to approve, within a
421 specified time frame, building permit plan review for
422 proposed developments; providing for the awarding of
423 attorney fees and costs under certain conditions;
424 providing that if a county adopts an ordinance or
425 resolution, or makes any other decision, after a
426 specified date having certain listed effects, the
427 ordinance, resolution, or decision is deemed
428 preempted; preempting the regulation of affordable
429 housing to the state; providing that the
430 administrative review process of a site plan filed
431 with a county must be based on land development
432 regulations in effect as of the date of filing the
433 application; requiring courts to expedite proceedings
434 and render an order within a specified timeframe if an
435 action is filed against a local government based on
436 preemption grounds; requiring notice of appeal to be
437 filed and served within a specified timeframe from
438 such judgment; requiring the Supreme Court to adopt
439 rules by a specified date for such expedited
440 proceedings; prohibiting counties from conditioning
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Bill No. HB 943 (2025)
Amendment No. 2
441 review or approval of applications for development
442 permits or orders on the waiver, forbearance, or
443 abandonment of any development right; deeming such
444 actions to be void; providing certain reporting
445 requirements beginning on a specified date; providing
446 reporting requirements; prohibiting the imposition of
447 a building moratorium under certain circumstances;
448 providing that certain property owners have a cause of
449 action; authorizing a court to provide specified
450 relief, costs, and fees; providing a maximum award;
451 providing that certain property owners have specified
452 rights; amending s. 163.31801, F.S.; requiring an
453 exception or waiver for a specified percentage of the
454 impact fees for certain developments; amending s.
455 166.041, F.S.; revising procedures to require that
456 resolutions with certain subjects be based on a
457 certain finding by the governing body for adoption of
458 such resolutions; amending s. 166.04151, F.S.;
459 prohibiting municipalities from adopting or enforcing
460 specified laws, ordinances, rules, or other measures
461 relating to affordable housing; authorizing
462 municipalities to approve the development of housing
463 that is affordable on any parcel that is owned by a
464 specified religious institution; providing
465 definitions; requiring counties and municipalities,
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Bill No. HB 943 (2025)
Amendment No. 2
466 respectively, to authorize multifamily and mixed-use
467 residential as allowable uses on sites owned by
468 specified entities and in planned unit developments
469 for specified use, if certain conditions are met;
470 requiring counties and municipalities, respectively,
471 to include adjacent land as part of multifamily
472 development, regardless of land use designation, if
473 certain conditions are met; prohibiting
474 municipalities from requiring a proposed multifamily
475 development to acquire or transfer density, density
476 units, or development units or obtain certain
477 amendments or approval; prohibiting municipalities
478 from restricting or taking action that has the effect
479 of restricting the density of a proposed multifamily
480 or mixed-use residential development below the highest
481 density on or after a specified date; providing
482 construction; prohibiting municipalities from
483 restricting or taking action that has the effect of
484 restricting the maximum lot size of a proposed
485 multifamily or mixed-use residential development below
486 the largest maximum lot size on or after a specified
487 date; prohibiting municipalities from restricting or
488 taking action that has the effect of restricting the
489 floor area ratio of a proposed multifamily or mixed-
490 use residential development below a certain percentage
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Bill No. HB 943 (2025)
Amendment No. 2
491 allowed on or after a specified date; prohibiting
492 municipalities from restricting or taking action that
493 has the effect of restricting the height of a proposed
494 multifamily or mixed-use residential development below
495 the highest height on or after a specified date;
496 providing construction; revising the ability of
497 municipalities to restrict the height of multifamily
498 or mixed-use residential developments that are
499 adjacent specified parcels to the highest height
500 allowed on or after a specified date; requiring
501 administrative approval of proposed multifamily or
502 mixed-use residential developments with no further
503 action or approval in certain instances; requiring
504 such developments to be treated as a conforming use,
505 notwithstanding certain land development regulations;
506 prohibiting municipalities from initiating or
507 enforcing zoning-in-progress or building moratoriums
508 in certain instances; requiring municipalities to
509 maintain on its website a specified policy; requiring
510 municipalities to reduce certain parking requirements
511 by a specified percentage; requiring municipalities to
512 approve, within a specified time frame, building
513 permit plan review for proposed developments;
514 providing for the awarding of attorney fees and costs
515 under certain conditions; providing that if a
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Bill No. HB 943 (2025)
Amendment No. 2
516 municipality adopts an ordinance or resolution, or
517 makes any other decision, after a specified date
518 having certain listed effects, the ordinance,
519 resolution, or decision is deemed preempted;
520 preempting the regulation of affordable housing to the
521 state; requiring courts to expedite proceedings and
522 render an order within a specified timeframe if an
523 action is filed against a local government based on
524 preemption grounds; requiring notice of appeal to be
525 filed and served within a specified timeframe from
526 such judgment; requiring the Supreme Court to adopt
527 rules by a specified date for such expedited
528 proceedings; prohibiting municipalities from
529 conditioning review or approval of applications for
530 development permits or orders on the waiver,
531 forbearance, acquisition, transfer, or abandonment of
532 any development right, or the procurement or transfer
533 of density units or development units; deeming such
534 actions to be void; providing certain reporting
535 requirements beginning on a specified date; providing
536 reporting requirements; prohibiting the imposition of
537 a building moratorium under certain circumstances;
538 providing that the owner of an administratively
539 approved proposed development has a vested right to
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 943 (2025)
Amendment No. 2
540 proceed with development under certain circumstances;
541 amending s. 163.2517, F.S.; requiring that proposed
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 943 (2025)
Amendment No. 3
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Housing, Agriculture &
2 Tourism Subcommittee
3 Representative Lopez, V. offered the following:
4
5 Amendment (with title amendment)
6 Remove lines 932-1182
7
8
9 -----------------------------------------------------
10 T I T L E A M E N D M E N T
11 Remove lines 104-109 and insert:
12 contrary before a specified date; amending s.
13 163.3167,
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 943 (2025)
Amendment No. 4
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Housing, Agriculture &
2 Tourism Subcommittee
3 Representative Lopez, V. offered the following:
4
5 Amendment (with title amendment)
6 Remove line 1216 and insert:
7 on the same lot, as the primary dwelling unit. The term includes
8 a manufactured home constructed on or after January 1, 2025,
9 which meets the National Manufactured Housing Construction and
10 Safety Standards.
11
12 -----------------------------------------------------
13 T I T L E A M E N D M E N T
14 Remove line 111 and insert:
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 943 (2025)
Amendment No. 4
15 Act; amending s. 163.31771, F.S.; revising the
16 definition of the term "accessory dwelling unit";
17 defining the term
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 943 (2025)
Amendment No. 5
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Housing, Agriculture &
2 Tourism Subcommittee
3 Representative Lopez, V. offered the following:
4
5 Amendment (with title amendment)
6 Remove lines 1361-1654 and insert:
7 Section 11. Subsection (5) of section 333.03, Florida
8 Statutes, is amended to read:
9 333.03 Requirement to adopt airport zoning regulations.—
10 (5) Sections 125.01055(7) and 166.04151(7) do not apply to
11 any of the following:
12 (a) A proposed development near a runway within one-
13 quarter of a mile laterally from the runway edge and within an
14 area that is the width of one-quarter of a mile extending at
15 right angles from the end of the runway for a distance of 10,000
16 feet of any runway for an existing commercial service airport
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Bill No. HB 943 (2025)
Amendment No. 5
17 runway or planned commercial service airport runway identified
18 in the local government's airport master plan. As used in this
19 paragraph, the term "commercial service airport" has the same
20 meaning as in s. 332.0075(1).
21 (b) A proposed development within any airport noise zone
22 identified in the federal land use compatibility table or in a
23 land-use zoning or airport noise regulation adopted by the local
24 government for a commercial service airport.
25 (c) A proposed development that exceeds maximum height
26 restrictions identified in the political subdivision's airport
27 zoning regulation for a commercial service airport adopted
28 pursuant to this section.
29 Section 12. Paragraph (d) of subsection (1) of section
30 420.50871, Florida Statutes, is amended, and paragraph (e) is
31 added to subsection (1) of that section, to read:
32 420.50871 Allocation of increased revenues derived from
33 amendments to s. 201.15 made by ch. 2023-17.—Funds that result
34 from increased revenues to the State Housing Trust Fund derived
35 from amendments made to s. 201.15 made by chapter 2023-17, Laws
36 of Florida, must be used annually for projects under the State
37 Apartment Incentive Loan Program under s. 420.5087 as set forth
38 in this section, notwithstanding ss. 420.507(48) and (50) and
39 420.5087(1) and (3). The Legislature intends for these funds to
40 provide for innovative projects that provide affordable and
41 attainable housing for persons and families working, going to
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Bill No. HB 943 (2025)
Amendment No. 5
42 school, or living in this state. Projects approved under this
43 section are intended to provide housing that is affordable as
44 defined in s. 420.0004, notwithstanding the income limitations
45 in s. 420.5087(2). Beginning in the 2023-2024 fiscal year and
46 annually for 10 years thereafter:
47 (1) The corporation shall allocate 70 percent of the funds
48 provided by this section to issue competitive requests for
49 application for the affordable housing project purposes
50 specified in this subsection. The corporation shall finance
51 projects that:
52 (d) Provide housing near military installations and United
53 States Department of Veterans Affairs medical centers or
54 outpatient clinics in this state, with preference given to
55 projects that incorporate critical services for servicemembers,
56 their families, and veterans, such as mental health treatment
57 services, employment services, and assistance with transition
58 from active-duty service to civilian life.
59 (e) Provide housing in areas of critical housing shortage
60 for essential service and high-demand career employees through a
61 public-private housing partnership agreement with major public
62 and private sector employers for whom housing shortages are
63 affecting the recruitment and retention of workers. Public and
64 private sector employers that partner with developers on these
65 projects shall provide land and financial support for the
66 housing projects. Housing may not be exclusive to any specific
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Bill No. HB 943 (2025)
Amendment No. 5
67 employee group.
68 Section 13. Section 702.13, Florida Statutes, is created
69 to read:
70 702.13 Expedited foreclosure proceedings for abandoned
71 real property.-
72 (1) As used in this section, the term:
73 (a) "Abandoned real property" means residential real
74 property that a homeowner does not continue to occupancy or use,
75 and at least three of the following indications of abandonment
76 are met:
77 1. Furnishings and personal items consistent with
78 residential occupancy are not present on the property;
79 2. Public utility services, such as gas, electric, or
80 water utilities, are disconnected;
81 3. Windows on the property are boarded up or closed off;
82 smashed, broken, or unhinged; or window panes are broken and
83 unrepaired;
84 4. Statements are provided by neighbors, delivery agents,
85 or government employees that the property is vacant;
86 5. Doors on the property are substantially damaged,
87 broken, unhinged, or conspicuously open;
88 6. The property is stripped of copper or any other
89 nonferrous metal, including, but not limited to, copper, copper
90 alloy, brass, aluminum, bronze, lead, zinc, nickel, and alloys
91 thereof, or any interior fixtures are removed;
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Amendment No. 5
92 7. At least one report has been received by law
93 enforcement officials of trespassing, vandalism, or other
94 illegal activity on the property within the immediately
95 preceding 6 months;
96 8. The property has been declared unfit for occupancy and
97 ordered to remain vacant and unoccupied under an order issued by
98 a municipal authority or county authority, or by a court of
99 competent jurisdiction;
100 9. Construction has been initiated on the property but is
101 discontinued before completion, leaving the property unsuitable
102 for occupancy, and construction has not taken place for at least
103 12 months;
104 10. Newspapers, circulars, flyers, or mail has accumulated
105 on the property or the United States Postal Service has
106 discontinued delivery to the property;
107 11. Rubbish, trash, debris, neglected vegetation, or
108 natural overgrowth has accumulated on the property;
109 12. Hazardous, noxious, or unhealthy substances or
110 materials have accumulated on the property;
111 13. The homeowner or a representative for the property
112 cannot be reached after a credible attempt to communicate; or
113 14. Other credible indications exist indicating that the
114 homeowner has vacated and abandoned the property.
115 (b) "Claimant" means a person or entity claiming a legal
116 right to initiate a foreclosure action, including:
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Bill No. HB 943 (2025)
Amendment No. 5
117 1. A mortgagee as defined in s. 701.041.
118 2. A tax lienholder or a tax certificate holder pursuant
119 to chapter 197.
120 3. A homeowners' association or a condominium association
121 enforcing a lien pursuant to s. 718.116 or s. 720.3085.
122 4. A county, municipality, or other governmental entity
123 enforcing a lien for:
124 a. Code violations pursuant to chapter 162.
125 b. Utility services pursuant to chapter 159 or local
126 ordinance.
127 c. Environmental cleanup pursuant to chapters 376 and 403.
128 d. Special assessments pursuant to chapters 170 and 197.
129 5. A mechanic or laborer enforcing a lien under part II
130 of chapter 713.
131 6. A judgment lienholder pursuant to chapter 55.
132 7. State tax authorities enforcing a lien pursuant to s.
133 213.758 or s. 192.091, including a lien for unpaid taxes
134 administered by the Florida Department of Revenue.
135 8. Special districts, including, but not limited to,
136 Community Development Districts, enforcing a lien pursuant to
137 chapters 189 and 190.
138 9. Other governmental or quasi-governmental entities,
139 including water management districts and public hospital boards,
140 enforcing a lien pursuant to s. 373.503 or s. 154.02.
141 10. A lienholder authorized to request an order to show
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Bill No. HB 943 (2025)
Amendment No. 5
142 cause for the entry of final judgment in a foreclosure action
143 pursuant to s. 702.10.
144 11. Any other person or entity authorized by general law
145 to initiate a foreclosure action or enforce a lien against real
146 property.
147 (c) "Delinquent party" means the person or entity against
148 whom a foreclosure action has been initiated, including, but not
149 limited to, a person or entity in arrears or default under the
150 terms of a lien, a mortgage, or any other obligation.
151 (d) "Mortgagor" has the same meaning as in s.
152 701.041(1)(d).
153 (e) "Real property" has the same meaning as in s. 475.801.
154 (2)(a) In a foreclosure proceeding under this chapter
155 involving residential real property, the claimant may file a
156 motion with the trial court for a judicial determination that
157 the residential real property is abandoned real property. The
158 claimant must file a sworn affidavit with the trial court
159 attesting that the residential real property is "abandoned real
160 property," as defined in subsection (1), and any other relevant
161 documentation, including photographic documentation.
162 (b) Upon filing of the motion, the trial court shall set
163 the date and time for a hearing on the motion, which must be
164 conducted at least 15 days but no more than 25 days after the
165 filing of the motion.
166 (3)(a) The claimant shall give written notice to the
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Bill No. HB 943 (2025)
Amendment No. 5
167 homeowner and to each known delinquent party. Notice shall be
168 promptly delivered or sent pursuant to s. 715.104(3) to the last
169 known mailing address of the homeowner and to each known
170 delinquent party. In addition, notice shall be sent to the last
171 known e-mail address of the homeowner and to each known
172 delinquent party, and shall be given by telephone communication
173 to the last known telephone number of the homeowner and each
174 known delinquent party. Notice under this paragraph must include
175 the following information:
176 1. State that a motion has been filed with the trial court
177 to make a judicial determination as to whether the residential
178 real property is abandoned real property and that a hearing
179 regarding the motion has been set.
180 2. State the contact information of the trial court to
181 which the motion was filed and the date and location of the
182 hearing on the motion.
183 3. State the definition of abandoned real property
184 pursuant to subsection (1).
185 4. State the possible outcomes if the court makes a
186 judicial determination that the residential real property is
187 abandoned real property, including the possibility of an
188 expeditious foreclosure on the property.
189 5. State that the homeowner or delinquent party has the
190 right to file an affidavit attesting to legal residence at the
191 property, or any other documentation of legal residence at the
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 943 (2025)
Amendment No. 5
192 property, at the time of the hearing and may appear personally
193 or by way of an attorney at the hearing.
194 6. State that a mortgagor, lawful occupant, or adverse
195 possessor of the residential real property under s. 95.18 may
196 contact the trial court for information about the motion and
197 hearing or to object on the record to the motion.
198 7. Provide copies of the motion and any documentation in
199 support of the motion, including photographic and other relevant
200 documentation.
201 (b) The claimant shall conspicuously post on the
202 residential real property a notice printed in at least 12-point
203 uppercase and boldfaced type. The notice must state the
204 information in paragraph (a)1.-6. The claimant shall file with
205 the trial court photographic documentation of compliance with
206 this paragraph after posting the notice on the residential real
207 property.
208 (4)(a) At the hearing on the motion, if the trial court
209 finds by a preponderance of the evidence that the residential
210 real property is abandoned real property, the court shall render
211 a declaratory judgment in favor of the claimant and immediately
212 proceed to a trial of foreclosure pursuant to this chapter.
213 (b) If the trial court finds at the foreclosure trial that
214 the abandoned real property meets all requirements necessary to
215 enter a judgement of foreclosure pursuant to s. 702.036, the
216 court must promptly order the clerk to schedule a public sale of
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Bill No. HB 943 (2025)
Amendment No. 5
217 the abandoned real property pursuant to s. 45.031.
218 (5)(a) If a mortgagor, a lawful occupant, or a person
219 claiming adverse possession pursuant to s. 95.18 objects to the
220 trial court's judicial determination under subsection(4)(a) and
221 submits the appropriate documentation with the court, the court
222 may not enter a declaratory judgment in favor of the claimant.
223 (b) If, before the sale of the abandoned real property
224 pursuant to subsection (4)(b), a mortgagor, a lawful occupant,
225 or a person claiming adverse possession pursuant to s. 95.18
226 presents sufficient evidence to the court that the property is
227 not abandoned real property, the court shall rescind the orders
228 it issued pursuant to subsection (4)(a) and (b).
229 (6)(a) This section applies to residential real property
230 that is abandoned. Residential real property is abandoned if:
231 1. The homeowner or delinquent party delivers a written,
232 signed statement declaring the residential real property to be
233 abandoned; or
234 2. The residential real property is considered "abandoned
235 real property," as defined in subsection (1).
236 (b) This section does not apply to residential real
237 property that is:
238 1. Subject to an action to quiet title pursuant to s.
239 65.011, s. 65.021, s. 65.061, or s. 65.071.
240 2. Subject to a probate action pursuant to chapter 733.
241 3. The subject of any other litigation where the ownership
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Bill No. HB 943 (2025)
Amendment No. 5
242 of the property is actively disputed.
243 4. An unoccupied dwelling or building undergoing
244 construction, renovation, or any other manner of rehabilitation,
245 which complies with all applicable state and local permitting
246 requirements and regulations.
247 Section 14. Subsection (8) of section 760.22, Florida
248 Statutes, is amended to read:
249 760.22 Definitions.—As used in ss. 760.20-760.37, the
250 term:
251 (8) "Person" includes one or more individuals,
252 corporations, partnerships, associations, labor organizations,
253 legal representatives, mutual companies, joint-stock companies,
254 trusts, unincorporated organizations, trustees, trustees in
255 bankruptcy, receivers, and fiduciaries, and any other legal or
256 commercial entity; the state; or any governmental entity or
257 agency.
258 Section 15. Section 760.26, Florida Statutes, is amended
259 to read:
260 760.26 Prohibited discrimination in land use decisions and
261 in permitting of development.—It is unlawful to discriminate in
262 land use decisions or in the permitting of development based on
263 race, color, national origin, sex, disability, familial status,
264 religion, or, except as otherwise provided by law, the source of
265 financing of a development or proposed development or based on
266 the development or proposed development being affordable housing
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Bill No. HB 943 (2025)
Amendment No. 5
267 as defined under s. 420.0004(3).
268 Section 16. It is the intent of the Legislature that the
269 amendment to s. 760.26, Florida Statutes, is remedial and
270 clarifying in nature, and shall apply retroactively for any
271 causes of action filed on or before the effective date of the
272 passage of this act.
273 Section 17. Subsection (4) of section 760.35, Florida
274 Statutes, is amended to read:
275 760.35 Civil actions and relief; administrative
276 procedures.—
277 (4) If the court finds that a person has committed a
278 discriminatory housing practice has occurred, it shall issue an
279 order prohibiting the practice and providing affirmative relief
280 from the effects of the practice, including injunctive and other
281 equitable relief, actual and punitive damages, and reasonable
282 attorney fees and costs. In accordance with s. 13, Art. X of the
283 State Constitution, the state, for itself and its agencies or
284 political subdivisions, waives sovereign immunity for causes of
285 action based on the application of this section.
286 Section 18. Subsection (29) of section 479.01, Florida
287 Statutes, is amended to read:
288 479.01 Definitions.—As used in this chapter, the term:
289 (29) "Zoning category" means the designation under the
290 land development regulations or other similar ordinance enacted
291 to regulate the use of land as provided in s. 163.3202(2)(c) s.
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Bill No. HB 943 (2025)
Amendment No. 5
292 163.3202(2)(b), which designation sets forth the allowable uses,
293 restrictions, and limitations on use applicable to properties
294 within the category.
295 Section 19.9. Subsection (12) of section 1001.43, Florida
296 Statutes, is amended to read:
297 1001.43 Supplemental powers and duties of district school
298 board.—The district school board shall may exercise the
299 following supplemental powers and duties as authorized by this
300 code or State Board of Education rule.
301 (12) AFFORDABLE HOUSING.—
302 (a) A district school board shall may use portions of
303 school sites purchased within the guidelines of the State
304 Requirements for Educational Facilities, land deemed not usable
305 for educational purposes because of location or other factors,
306 or land declared as surplus by the board to provide sites for
307 affordable housing for teachers and other district personnel
308 and, in areas of critical state concern, for other essential
309 services personnel as defined by local affordable housing
310 eligibility requirements, independently or in conjunction with
311 other agencies as described in subsection (5).
312 (b) Each district school board shall adopt best practices
313 for surplus land programs, including, but not limited to:
314 1. Establishing eligibility criteria for the receipt or
315 purchase of surplus land by developers.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 943 (2025)
Amendment No. 5
316 2. Making the process for requesting surplus lands
317 publicly available.
318 3. Ensuring long-term affordability through ground leases
319 by retaining the right of first refusal to purchase property
320 that would be sold or offered at market rate and by requiring
321 reversion of property not used for affordable housing within a
322 certain timeframe.
323 4. Each district school board's most recent and all future
324 educational plan surveys conducted pursuant to s. 235.15 shall
325 be updated to include an inventory list of such surplus lands.
326
327 -----------------------------------------------------
328 T I T L E A M E N D M E N T
329 Remove lines 157-167 and insert:
330 instances; providing applicability; amending s.
331 760.22, F.S.; revising the definition of the term
332 "person"; amending s. 760.26, F.S.; prohibiting
333 discrimination in land use decisions and in permitting
334 of development based on a development or proposed
335 development being affordable housing; providing
336 applicability; amending s. 760.35, F.S.; revising
337 provisions relating to the issuance of a court order
338 prohibiting a discriminatory housing practice;
339 providing for waiver of sovereign immunity; amending
340 s. 479.01, F.S.; conforming a cross-reference;
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 943 (2025)
Amendment No. 5
341 amending s. 1001.43, F.S.; requiring district school
342 boards to exercise specified supplemental powers and
343 duties as it related to affordable housing; providing
344 an effective date.
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