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Agenda 05/21/2024If you have any questions or wish to meet with staff, please contact, Eric Johnson at (239) 252-2931 or Eric.Johnson@colliercountyfl.gov Growth Management Community Development Development Services Advisory Committee Land Development Review Subcommittee -Special Public Meeting - Tuesday, May 21, 2024 3:00 pm 2800 N. Horseshoe Dr. Naples, FL 34104 Growth Management Community Development Department Conference Room 609/610 For more information, please contact Eric Johnson at (239) 252-2931 or at Eric.Johnson@colliercountyfl.gov DSAC – Land Development Review Subcommittee 2024 Land Development Code Amendments -Special Public Meeting - Agenda Tuesday, May 21, 2024 3:00 pm 2800 N. Horseshoe Dr., Naples, FL 34104 Growth Management Community Development, Conference Rooms 609/610 NOTICE: Persons wishing to speak on any Agenda item will receive up to three (3) minutes unless the Chairman adjusts the time. Speakers are required to fill out a “Speaker Registration Form”, list the topic they wish to address, and hand it to the Staff member before the meeting begins. Please wait to be recognized by the Chairman and speak into a microphone. State your name and affiliation before commenting. During the discussion, Committee Members may direct questions to the speaker. Please silence cell phones and digital devices. There may not be a break in this meeting. Please leave the room to conduct any personal business. All parties participating in the public meeting are to observe Roberts Rules of Order and wait to be recognized by the Chairman. Please speak one at a time and into the microphone so the Hearing Reporter can record all statements being made. 1.Call to order - Chairman. 2.Approval of Agenda 3.Old Business 4.New Business a.PL20210002602 - Rural Architectural Standards b.PL20240005299 - Major Transit Stop Definition 5.Public Speakers 6.Upcoming DSAC-LDR Subcommittee Meeting Dates: a.Tuesday, July 16, 2024 b.Tuesday, October 15, 2024 7.Adjourn FUTURE MEETING DATES: Tuesday, July 16, 2024 Tuesday, October 15, 2024 2 3 4 Rural Architectural Standards 05-21-2024 Land Development Code Amendment PL20210002602 5 Overview - History On September 24, 2019, the BCC approved an amended version of the Golden Gate Area Master Plan (GGAMP), resulting in the adoption of three Sub- Elements: 1.Golden Gate City 2.Urban Golden Gate Estates 3.Rural Golden Gate Estates The Urban & Rural Golden Gate Estates Sub-Elements contain a policy related to initiating rural architectural standard requirements in the Land Development Code (LDC), which states as follows: “The County shall initiate architectural standard requirements in the Land Development Code within two years of adoption that apply to commercial, conditional use and essential services facilities, reflecting the rural character of the Estates area and providing coherence and area identity.” 6 Existing/Potential Commercial Sites 7 Staff Pictures – Sites within Affected Area 8 Staff Pictures – Sites outside Affected Area 9 LDC Amendment This LDC amendment introduces design standards for new commercial, conditional use, & essential service facilities located within the Urban & Rural Golden Gate Estates. Includes design standards related to: •Roof type, material, & decorative elements (dormers/cupolas/cornices/etc.) •Entry features (porches/verandas/colonnades/etc.) •Exterior wall materials •Window designs •Freestanding lighting fixture height •Fences & walls 10 Examples of Architectural Elements Roof type, materials, & elements Cupula Dormer Cornice Standard seam V crimp 11 Examples of Architectural Elements Entry features Deck skirting Decorative brackets Balustrades Columns/posts 12 Examples of Architectural Elements Exterior wall materials Board/batten siding Bargeboard Clapboard siding Vergeboard 13 Examples of Architectural Elements Windows Mullion Side shutters Bahama shutters 14 Examples of Architectural Elements Fences PicketSplit rail, 3 board, 4 board 15 •Staff is seeking a recommendation of approval or approval with conditions for PL20210002602. Recommendation Questions or Comments? 16 SB 328 SB 328, which amends Live Local, was approved by the Governor on May 16 Removes the need to create a definition for “major transit stop” Staff proposed definition for “Transit Stop” •A designated area along a fixed, local public transit route where Collier Area Transit (CAT) buses stop to load and unload passengers. Interpretation of SB 328 definition for “Major Transportation Hub” •For purposes of this paragraph, the term “major transportation hub” means any transit station, whether bus, train, or light rail, which is served by public transit with a mix of other transportation options. 17 THIS PAGE INTENTIONALLY LEFT BLANK 1 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2024\05-21\Materials\PL20210002602 Rural Architecture LDCA (05-09- 2024) clean.docx LAND DEVELOPMENT CODE AMENDMENT PETITION PL20210002602 SUMMARY OF AMENDMENT This Land Development Code (LDC) amendment adds a new subsection to establish rural architectural standard requirements, applicable to commercial, conditional use, and essential services facilities, with the goal of reflecting the rural character of the Estates area. This LDC amendment will serve to implement policies of the Golden Gate Area Master Plan (GGAMP), adopted by the Board on September 24, 2019. ORIGIN Board of County Commissioners (Board) HEARING DATES LDC SECTION TO BE AMENDED Board TBD 5.05.08 Architectural and Site Design Standards CCPC TBD DSAC TBD DSAC-LDR 05/21/2024 ADVISORY BOARD RECOMMENDATIONS DSAC-LDR TBD DSAC TBD CCPC TBD BACKGROUND On September 24, 2019, the Board approved a trifurcated version of the GGAMP, resulting in the adoption of three Sub-Elements and nine separate ordinances (Ord. 2019-24 through Ord. 2019-31). Two of the three Sub- Elements in the GGAMP contain policies relating to rural architectural standards. This LDC amendment will serve to implement Policy 3.1.2 in Ordinance 2019-25 (Urban Golden Gate Estates Sub-Element) and Policy 4.1.2 in Ordinance 2019-26 (Rural Golden Gate Estates Sub-Element), which states as follows: The County shall initiate architectural standard requirements in the Land Development Code within two years of adoption that apply to commercial, conditional use and essential services facilities, reflecting the rural character of the Estates area and providing coherence and area identity. Unlike other well-known architectural styles in North America, such as Art Deco, Beaux-Arts, Gothic, Neoclassical, or Spanish Mediterranean, there is no distinct definition, set of principles, or architectural designs associated with the term “rural character.” The term is subjective and varies from community to community. The proposed standards in this LDC amendment are based on Staff’s visits to numerous sites throughout the County, both inside and outside the affected area, observing buildings with Florida Vernacular, Old Florida, and/or Key West design features (see Exhibits “C” and “D”). The proposed standards would be applicable to following building and site components: Gutters/downspouts, roofs, porches, materials used on the exterior walls, windows, freestanding outdoor lighting fixtures, and fences/walls. FISCAL & OPERATIONAL IMPACTS There are no anticipated fiscal or operational impacts associated with this amendment. GMP CONSISTENCY The proposed LDC amendment has been reviewed by Comprehensive Planning staff and may be deemed consistent with the GMP. EXHIBITS: A) Excerpt of Ord. 2019-25; B) Exerpt of Ord. 2019-26; C) Sites Located within Affected Area; and D) Sites Located Outside Affected Area 18 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 2 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2024\05-21\Materials\PL20210002602 Rural Architecture LDCA (05-09- 2024) clean.docx Amend the LDC as follows: 1 5.05.08 – Architectural and Site Design Standards 2 3 * * * * * * * * * * * * * 4 5 D.Building design standards.6 7 * * * * * * * * * * * * * 8 16.Commercial, conditional use, and essential services facilities in the Urban and9 Rural Golden Gate Estates. 10 11 a.Purpose and intent. The purpose and intent of these building and site12 standards is to implement policies in the Urban Golden Gate Estates Sub-13 Element and the Rural Golden Gate Estates Sub-Element of the GGAMP, 14 in order to ensure that commercial, conditional use, and essential services 15 facilities reflect the rural character of the Estates. Rural character in this 16 context may be expressed as Low-Country, Old Florida, Key West, and/or 17 Florida Vernacular architectural styles. In general, design components of 18 these architectural styles feature: hip, gable, or mansard roof with metal or 19 shingle roof material, dormers and cupolas, timber accents, exposed and 20 expressed connectors/bracing, porches, balustrades, large rectangular or 21 square transom and sash windows, Bahama or side-hung shutters, wall 22 siding, and natural color palettes. 23 24 b.Applicability. The standards contained herein shall be applicable to all25 new commercial, conditional use, and essential services facilities located 26 in the applicable subdistricts of the GGAMP. 27 28 c.Standards.29 30 i.Gutters and downspouts shall be painted to match the color of the31 building and/or the columns/posts to which they are attached. 32 33 ii.Roofs.34 35 a)Hip, gable, and mansard roofs are encouraged and shall36 require the following: 37 38 i)Standing-seam or V-crimp metal material, or shake-39 style or asphalt shingle roof material. 40 41 ii)At least one dormer or cupola containing the same42 roof material that is used for the rest of the roof. 43 Dormers and cupolas shall be adorned with windows 44 or louvered shutters. 45 46 b)Flat roofs shall be adorned with decorative cornices.47 48 iii.Porches, verandas, colonnades, and entry features.49 50 19 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 3 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2024\05-21\Materials\PL20210002602 Rural Architecture LDCA (05-09- 2024) clean.docx a) The terms “porch,” “veranda,” “colonnade,” and “entry 1 feature” shall be used interchangeably in this subsection. 2 3 b) A front porch must encompass an area no less than 50 4 percent of the primary façade(s). 5 6 c) Porches shall be comprised of at least two of the following: 7 8 i) Columns and/or posts; 9 10 ii) Balustrades; 11 12 iii) Deck skirting; or 13 14 iv) Decorative brackets/bracing. 15 16 iv. Exterior walls of primary facades shall be adorned with either 17 vergeboards, bargeboards, clapboard, board/batten siding, or 18 stucco. 19 20 v. Windows on primary facades shall be designed with at least one of 21 the following: 22 23 a) Mullions; 24 25 b) Bahama shutters; or 26 27 c) Side-hung shutters. 28 29 vii. Freestanding outdoor lighting fixtures shall not exceed 20 feet in 30 height. 31 32 viii. Fences and walls, when used for decoration and no functional 33 purpose (e.g., buffering, security, etc.), shall be either split rail, 34 three-board, four-board, picket, or a similar design. 35 36 # # # # # # # # # # # # # 37 38 39 40 41 42 20 Exhibit A – Excerpt from Ord. 2019-25 4 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2024\05-21\Materials\PL20210002602 Rural Architecture LDCA (05-09- 2024) clean.docx 21 Exhibit B – Excerpt from Ord. 2019-26 5 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2024\05-21\Materials\PL20210002602 Rural Architecture LDCA (05-09- 2024) clean.docx 22 THIS PAGE INTENTIONALLY LEFT BLANK Exhibit C – Sites Located within Affected Area 6 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2024\05-21\Materials\PL20210002602 Rural Architecture LDCA (05-09-2024) clean.docx Staff Photograph 23 Exhibit C – Sites Located within Affected Area 7 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2024\05-21\Materials\PL20210002602 Rural Architecture LDCA (05-09-2024) clean.docx Staff Photograph 24 Exhibit C – Sites Located within Affected Area 8 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2024\05-21\Materials\PL20210002602 Rural Architecture LDCA (05-09-2024) clean.docx Staff Photograph 25 Exhibit C – Sites Located within Affected Area 9 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2024\05-21\Materials\PL20210002602 Rural Architecture LDCA (05-09-2024) clean.docx Staff Photograph 26 Exhibit C – Sites Located within Affected Area 10 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2024\05-21\Materials\PL20210002602 Rural Architecture LDCA (05-09-2024) clean.docx Staff Photograph 27 Exhibit C – Sites Located within Affected Area 11 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2024\05-21\Materials\PL20210002602 Rural Architecture LDCA (05-09-2024) clean.docx Staff Photograph 28 Exhibit D – Sites Located Outside Affected Area 12 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2024\05-21\Materials\PL20210002602 Rural Architecture LDCA (05-09-2024) clean.docx Staff Photograph 29 Exhibit D – Sites Located Outside Affected Area 13 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2024\05-21\Materials\PL20210002602 Rural Architecture LDCA (05-09-2024) clean.docx Staff Photograph 30 Exhibit D – Sites Located Outside Affected Area 14 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2024\05-21\Materials\PL20210002602 Rural Architecture LDCA (05-09-2024) clean.docx Staff Photograph 31 Exhibit D – Sites Located Outside Affected Area 15 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2024\05-21\Materials\PL20210002602 Rural Architecture LDCA (05-09-2024) clean.docx Staff Photograph 32 Exhibit D – Sites Located Outside Affected Area 16 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2024\05-21\Materials\PL20210002602 Rural Architecture LDCA (05-09-2024) clean.docx Staff Photograph 33 Exhibit D – Sites Located Outside Affected Area 17 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2024\05-21\Materials\PL20210002602 Rural Architecture LDCA (05-09-2024) clean.docx Staff Photograph 34 Exhibit D – Sites Located Outside Affected Area 18 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2024\05-21\Materials\PL20210002602 Rural Architecture LDCA (05-09-2024) clean.docx Staff Photograph 35 Exhibit D – Sites Located Outside Affected Area 19 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2024\05-21\Materials\PL20210002602 Rural Architecture LDCA (05-09-2024) clean.docx Staff Photograph 36 Exhibit D – Sites Located Outside Affected Area 20 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2024\05-21\Materials\PL20210002602 Rural Architecture LDCA (05-09-2024) clean.docx Staff Photograph 37 Exhibit D – Sites Located Outside Affected Area 21 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2024\05-21\Materials\PL20210002602 Rural Architecture LDCA (05-09-2024) clean.docx Staff Photograph 38 Exhibit D – Sites Located Outside Affected Area 22 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2024\05-21\Materials\PL20210002602 Rural Architecture LDCA (05-09-2024) clean.docx Google Maps 39 Exhibit D – Sites Located Outside Affected Area 23 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2024\05-21\Materials\PL20210002602 Rural Architecture LDCA (05-09-2024) clean.docx Google Maps – Loxahatchee Grove, FL 40 1 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2024\05-21\Materials\LDCA (05-13-2024).docx LAND DEVELOPMENT CODE AMENDMENT PETITION PL20240005299 SUMMARY OF AMENDMENT This Land Development Code (LDC) amendment proposes to define major transit stop. LDC amendments are reviewed by the Board of County Commissioners (Board), Collier County Planning Commission (CCPC), Development Services Advisory Committee (DSAC), and the Land Development Review Subcommittee of the DSAC (DSAC-LDR Subcommittee). ORIGIN Growth Management Community Development Department (GMCDD) HEARING DATES LDC SECTION TO BE AMENDED Board TBD 1.08.02 Definitions CCPC TBD DSAC TBD DSAC-LDR 05/21/2024 ADVISORY BOARD RECOMMENDATIONS DSAC-LDR TBD DSAC TBD CCPC TBD BACKGROUND On April 9, 2024, the Board was asked to review and approve staff’s administrative application process for projects intending to utilize the provisions of Florida Statutes section 125.01055(7)(a) through (e), which is a State law adopted in 2023, otherwise known as the Live Local Act or SB 102. According to the Florida Housing Finance Corporation, the “Live Local Act is a comprehensive, statewide workforce housing strategy, designed to increase the availability of affordable housing opportunities for Florida’s workforce…” The new law preempts local government from having the ability to regulate certain site development standards. One topic that the Board discussed regarding the Live Local Act, is the requirement for the County to consider a reduction of parking requirements for a proposed development located within one-half mile of a major transit stop. The Live Local Act specifically states: “A county must consider reducing parking requirements for a proposed development authorized under this subsection if the development is located within one -half mile of a major transit stop, as defined in the county’s land development code, and the major transit stop is accessible from the development.” During the Board’s discussion, concern was raised with this requirement because the County’s LDC does not currently define “major transit stop” and therefore, the application of this provision has been left to staff’s interpretation. Staff’s initial interpretation of a “major transit stop” included all bus stops along Collier Area Transit (CAT) bus routes that include a covered bench structure. Staff’s previous interpretation also included bus stops located at the intersection of two or more major bus routes. However, after discussing the matter at the meeting and disagreeing with staff’s interpretation, the Board unanimously voted to define “major transit stop” as a public transit stop that would be represented by 41 2 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2024\05-21\Materials\LDCA (05-13-2024).docx three existing CAT transfer stations located at: 1) Government Center Transfer Station (3355 East Tamiami Trail, Naples); 2) Radio Road Transfer Station (CAT Headquarters) (8300 Radio Road, Naples); and 3) Florida Department of Health Immokalee Office (419 N 1st Street, Immokalee). These three transfer stations include public transportation services for four or more bus routes and include public parking facilities for passengers to utilize. FISCAL & OPERATIONAL IMPACTS There are no anticipated fiscal or operational impacts anticipated with this amendment. GMP CONSISTENCY To be provided by Comprehensive Planning Staff after first review. EXHIBITS: None 42 Exhibit A – Exhibit Title 3 G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2024\05-21\Materials\LDCA (05-13-2024).docx Amend the LDC as follows: 1 1.08.02 – Definitions 2 3 * * * * * * * * * * * * 4 5 Transfer of development rights: The transfer of development rights from one parcel to 6 another parcel in a manner that allows an increase in the density or intensity of development on 7 the receiving property with a corresponding decrease in the remaining development rights on the 8 sending property. 9 10 Transit stop, Major: The property, buildings, structures, equipment, and improvements 11 associated with a Collier Area Transit (CAT) transfer station that provides public transportation 12 services along multiple public transit routes. In the context of Florida Statutes section 13 125.01055(7)(e), three major transit stops located within the County are as follows: Government 14 Center Transfer Station, Radio Road Transfer Station, and the Florida Department of Health 15 Immokalee Office. 16 17 Vegetation, Category I Invasive Exotic: Invasive exotic vegetation that alters native 18 vegetation communities by: displacing native plant species, changing the structure or ecological 19 functions of native plant communities, or hybridizing with native species; which includes all 20 species of vegetation listed on the 2003 Florida Exotic Pest Plant Council's List of Invasive 21 Species, under Category I. 22 23 * * * * * * * * * * * * * 24 # # # # # # # # # # # # # 25 43 THIS PAGE INTENTIONALLY LEFT BLANK ENROLLED 2024 Legislature CS for CS for SB 328, 1st Engrossed 2024328er Page 1 of 28 CODING: Words stricken are deletions; words underlined are additions. 1 An act relating to affordable housing; amending ss. 2 125.01055 and 166.04151, F.S.; clarifying application; 3 prohibiting counties and municipalities, respectively, 4 from restricting the floor area ratio of certain 5 proposed developments under certain circumstances; 6 providing that the density, floor area ratio, or 7 height of certain developments, bonuses, variances, or 8 other special exceptions are not included in the 9 calculation of the currently allowed density, floor 10 area ratio, or height by counties and municipalities, 11 respectively; authorizing counties and municipalities, 12 respectively, to restrict the height of proposed 13 developments under certain circumstances; prohibiting 14 the administrative approval by counties and 15 municipalities, respectively, of a proposed 16 development within a specified proximity to a military 17 installation; requiring counties and municipalities, 18 respectively, to maintain a certain policy on their 19 websites; requiring counties and municipalities, 20 respectively, to consider reducing parking 21 requirements under certain circumstances; requiring 22 counties and municipalities, respectively, to reduce 23 or eliminate parking requirements for certain proposed 24 mixed-use developments that meet certain requirements; 25 providing certain requirements for developments 26 located within a transit-oriented development or area; 27 defining the term “major transportation hub”; making 28 technical changes; providing requirements for 29 44 ENROLLED 2024 Legislature CS for CS for SB 328, 1st Engrossed 2024328er Page 2 of 28 CODING: Words stricken are deletions; words underlined are additions. developments authorized located within a transit-30 oriented development or area; clarifying that a county 31 or municipality, respectively, is not precluded from 32 granting additional exceptions; clarifying that a 33 proposed development is not precluded from receiving a 34 bonus for density, height, or floor area ratio if 35 specified conditions are satisfied; requiring that 36 such bonuses be administratively approved by counties 37 and municipalities, respectively; revising 38 applicability; authorizing that specified developments 39 be treated as a conforming use under certain 40 circumstances; authorizing that specified developments 41 be treated as a nonconforming use under certain 42 circumstances; authorizing applicants for certain 43 proposed developments to notify a county or 44 municipality, as applicable, of their intent to 45 proceed under certain provisions; requiring counties 46 and municipalities to allow certain applicants to 47 submit a revised application, written request, or 48 notice of intent; amending s. 196.1978, F.S.; revising 49 the definition of the term “newly constructed”; 50 revising conditions for when multifamily projects are 51 considered property used for a charitable purpose and 52 are eligible to receive an ad valorem property tax 53 exemption; making technical changes; requiring 54 property appraisers to make certain exemptions from ad 55 valorem property taxes; providing the method for 56 determining the value of a unit for certain purposes; 57 requiring property appraisers to review certain 58 45 ENROLLED 2024 Legislature CS for CS for SB 328, 1st Engrossed 2024328er Page 3 of 28 CODING: Words stricken are deletions; words underlined are additions. applications and make certain determinations; 59 authorizing property appraisers to request and review 60 additional information; authorizing property 61 appraisers to grant exemptions only under certain 62 conditions; revising requirements for property owners 63 seeking a certification notice from the Florida 64 Housing Finance Corporation; providing that a certain 65 determination by the corporation does not constitute 66 an exemption; revising eligibility; conforming 67 provisions to changes made by the act; amending s. 68 196.1979, F.S.; revising the value to which a certain 69 ad valorem property tax exemption applies; revising a 70 condition of eligibility for vacant residential units 71 to qualify for a certain ad valorem property tax 72 exemption; making technical changes; revising the 73 deadline for an application for exemption; revising 74 deadlines by which boards and governing bodies must 75 deliver to or notify the Department of Revenue of the 76 adoption, repeal, or expiration of certain ordinances; 77 requiring property appraisers to review certain 78 applications and make certain determinations; 79 authorizing property appraisers to request and review 80 additional information; authorizing property 81 appraisers to grant exemptions only under certain 82 conditions; providing the method for determining the 83 value of a unit for certain purposes; providing for 84 retroactive application; amending s. 333.03, F.S.; 85 excluding certain proposed developments from specified 86 airport zoning provisions; amending s. 420.507, F.S.; 87 46 ENROLLED 2024 Legislature CS for CS for SB 328, 1st Engrossed 2024328er Page 4 of 28 CODING: Words stricken are deletions; words underlined are additions. revising the enumerated powers of the corporation; 88 amending s. 420.5096, F.S.; making technical changes; 89 amending s. 420.518, F.S.; specifying conditions under 90 which the corporation may preclude applicants from 91 corporation programs; providing an appropriation; 92 providing an effective date. 93 94 Be It Enacted by the Legislature of the State of Florida: 95 96 Section 1. Subsection (7) of section 125.01055, Florida 97 Statutes, is amended, and subsection (8) is added to that 98 section, to read: 99 125.01055 Affordable housing.— 100 (7)(a) A county must authorize multifamily and mixed-use 101 residential as allowable uses in any area zoned for commercial, 102 industrial, or mixed use if at least 40 percent of the 103 residential units in a proposed multifamily rental development 104 are rental units that, for a period of at least 30 years, are 105 affordable as defined in s. 420.0004. Notwithstanding any other 106 law, local ordinance, or regulation to the contrary, a county 107 may not require a proposed multifamily development to obtain a 108 zoning or land use change, special exception, conditional use 109 approval, variance, or comprehensive plan amendment for the 110 building height, zoning, and densities authorized under this 111 subsection. For mixed-use residential projects, at least 65 112 percent of the total square footage must be used for residential 113 purposes. 114 (b) A county may not restrict the density of a proposed 115 development authorized under this subsection below the highest 116 47 ENROLLED 2024 Legislature CS for CS for SB 328, 1st Engrossed 2024328er Page 5 of 28 CODING: Words stricken are deletions; words underlined are additions. currently allowed density on any unincorporated land in the 117 county where residential development is allowed under the 118 county’s land development regulations. For purposes of this 119 paragraph, the term “highest currently allowed density” does not 120 include the density of any building that met the requirements of 121 this subsection or the density of any building that has received 122 any bonus, variance, or other special exception for density 123 provided in the county’s land development regulations as an 124 incentive for development. 125 (c) A county may not restrict the floor area ratio of a 126 proposed development authorized under this subsection below 150 127 percent of the highest currently allowed floor area ratio on any 128 unincorporated land in the county where development is allowed 129 under the county’s land development regulations. For purposes of 130 this paragraph, the term “highest currently allowed floor area 131 ratio” does not include the floor area ratio of any building 132 that met the requirements of this subsection or the floor area 133 ratio of any building that has received any bonus, variance, or 134 other special exception for floor area ratio provided in the 135 county’s land development regulations as an incentive for 136 development. For purposes of this subsection, the term floor 137 area ratio includes floor lot ratio. 138 (d)1.(c) A county may not restrict the height of a proposed 139 development authorized under this subsection below the highest 140 currently allowed height for a commercial or residential 141 building development located in its jurisdiction within 1 mile 142 of the proposed development or 3 stories, whichever is higher. 143 For purposes of this paragraph, the term “highest currently 144 allowed height” does not include the height of any building that 145 48 ENROLLED 2024 Legislature CS for CS for SB 328, 1st Engrossed 2024328er Page 6 of 28 CODING: Words stricken are deletions; words underlined are additions. met the requirements of this subsection or the height of any 146 building that has received any bonus, variance, or other special 147 exception for height provided in the county’s land development 148 regulations as an incentive for development. 149 2. If the proposed development is adjacent to, on two or 150 more sides, a parcel zoned for single-family residential use 151 which is within a single-family residential development with at 152 least 25 contiguous single-family homes, the county may restrict 153 the height of the proposed development to 150 percent of the 154 tallest building on any property adjacent to the proposed 155 development, the highest currently allowed height for the 156 property provided in the county’s land development regulations, 157 or 3 stories, whichever is higher. For the purposes of this 158 paragraph, the term “adjacent to” means those properties sharing 159 more than one point of a property line, but does not include 160 properties separated by a public road. 161 (e)(d) A proposed development authorized under this 162 subsection must be administratively approved and no further 163 action by the board of county commissioners is required if the 164 development satisfies the county’s land development regulations 165 for multifamily developments in areas zoned for such use and is 166 otherwise consistent with the comprehensive plan, with the 167 exception of provisions establishing allowable densities, floor 168 area ratios, height, and land use. Such land development 169 regulations include, but are not limited to, regulations 170 relating to setbacks and parking requirements. A proposed 171 development located within one-quarter mile of a military 172 installation identified in s. 163.3175(2) may not be 173 administratively approved. Each county shall maintain on its 174 49 ENROLLED 2024 Legislature CS for CS for SB 328, 1st Engrossed 2024328er Page 7 of 28 CODING: Words stricken are deletions; words underlined are additions. website a policy containing procedures and expectations for 175 administrative approval pursuant to this subsection. 176 (f)1.(e) A county must consider reducing parking 177 requirements for a proposed development authorized under this 178 subsection if the development is located within one-quarter one-179 half mile of a major transit stop, as defined in the county’s 180 land development code, and the major transit stop is accessible 181 from the development. 182 2. A county must reduce parking requirements by at least 20 183 percent for a proposed development authorized under this 184 subsection if the development: 185 a. Is located within one-half mile of a major 186 transportation hub that is accessible from the proposed 187 development by safe, pedestrian-friendly means, such as 188 sidewalks, crosswalks, elevated pedestrian or bike paths, or 189 other multimodal design features; and 190 b. Has available parking within 600 feet of the proposed 191 development which may consist of options such as on-street 192 parking, parking lots, or parking garages available for use by 193 residents of the proposed development. However, a county may not 194 require that the available parking compensate for the reduction 195 in parking requirements. 196 3. A county must eliminate parking requirements for a 197 proposed mixed-use residential development authorized under this 198 subsection within an area recognized by the county as a transit-199 oriented development or area, as provided in paragraph (h). 200 4. For purposes of this paragraph, the term “major 201 transportation hub” means any transit station, whether bus, 202 train, or light rail, which is served by public transit with a 203 50 ENROLLED 2024 Legislature CS for CS for SB 328, 1st Engrossed 2024328er Page 8 of 28 CODING: Words stricken are deletions; words underlined are additions. mix of other transportation options. 204 (g)(f) For proposed multifamily developments in an 205 unincorporated area zoned for commercial or industrial use which 206 is within the boundaries of a multicounty independent special 207 district that was created to provide municipal services and is 208 not authorized to levy ad valorem taxes, and less than 20 209 percent of the land area within such district is designated for 210 commercial or industrial use, a county must authorize, as 211 provided in this subsection, such development only if the 212 development is mixed-use residential. 213 (h) A proposed development authorized under this subsection 214 which is located within a transit-oriented development or area, 215 as recognized by the county, must be mixed-use residential and 216 otherwise comply with requirements of the county’s regulations 217 applicable to the transit-oriented development or area except 218 for use, height, density, floor area ratio, and parking as 219 provided in this subsection or as otherwise agreed to by the 220 county and the applicant for the development. 221 (i)(g) Except as otherwise provided in this subsection, a 222 development authorized under this subsection must comply with 223 all applicable state and local laws and regulations. 224 (j)1. Nothing in this subsection precludes a county from 225 granting a bonus, variance, conditional use, or other special 226 exception for height, density, or floor area ratio in addition 227 to the height, density, and floor area ratio requirements in 228 this subsection. 229 2. Nothing in this subsection precludes a proposed 230 development authorized under this subsection from receiving a 231 bonus for density, height, or floor area ratio pursuant to an 232 51 ENROLLED 2024 Legislature CS for CS for SB 328, 1st Engrossed 2024328er Page 9 of 28 CODING: Words stricken are deletions; words underlined are additions. ordinance or regulation of the jurisdiction where the proposed 233 development is located if the proposed development satisfies the 234 conditions to receive the bonus except for any condition which 235 conflicts with this subsection. If a proposed development 236 qualifies for such bonus, the bonus must be administratively 237 approved by the county and no further action by the board of 238 county commissioners is required. 239 (k)(h) This subsection does not apply to: 240 1. Airport-impacted areas as provided in s. 333.03. 241 2. Property defined as recreational and commercial working 242 waterfront in s. 342.201(2)(b) in any area zoned as industrial. 243 (l)(i) This subsection expires October 1, 2033. 244 (8) Any development authorized under paragraph (7)(a) must 245 be treated as a conforming use even after the expiration of 246 subsection (7) and the development’s affordability period as 247 provided in paragraph (7)(a), notwithstanding the county’s 248 comprehensive plan, future land use designation, or zoning. If 249 at any point during the development’s affordability period the 250 development violates the affordability period requirement 251 provided in paragraph (7)(a), the development must be allowed a 252 reasonable time to cure such violation. If the violation is not 253 cured within a reasonable time, the development must be treated 254 as a nonconforming use. 255 Section 2. Subsection (7) of section 166.04151, Florida 256 Statutes, is amended, and subsection (8) is added to that 257 section, to read: 258 166.04151 Affordable housing.— 259 (7)(a) A municipality must authorize multifamily and mixed-260 use residential as allowable uses in any area zoned for 261 52 ENROLLED 2024 Legislature CS for CS for SB 328, 1st Engrossed 2024328er Page 10 of 28 CODING: Words stricken are deletions; words underlined are additions. commercial, industrial, or mixed use if at least 40 percent of 262 the residential units in a proposed multifamily rental 263 development are rental units that, for a period of at least 30 264 years, are affordable as defined in s. 420.0004. Notwithstanding 265 any other law, local ordinance, or regulation to the contrary, a 266 municipality may not require a proposed multifamily development 267 to obtain a zoning or land use change, special exception, 268 conditional use approval, variance, or comprehensive plan 269 amendment for the building height, zoning, and densities 270 authorized under this subsection. For mixed-use residential 271 projects, at least 65 percent of the total square footage must 272 be used for residential purposes. 273 (b) A municipality may not restrict the density of a 274 proposed development authorized under this subsection below the 275 highest currently allowed density on any land in the 276 municipality where residential development is allowed under the 277 municipality’s land development regulations. For purposes of 278 this paragraph, the term “highest currently allowed density” 279 does not include the density of any building that met the 280 requirements of this subsection or the density of any building 281 that has received any bonus, variance, or other special 282 exception for density provided in the municipality’s land 283 development regulations as an incentive for development. 284 (c) A municipality may not restrict the floor area ratio of 285 a proposed development authorized under this subsection below 286 150 percent of the highest currently allowed floor area ratio on 287 any land in the municipality where development is allowed under 288 the municipality’s land development regulations. For purposes of 289 this paragraph, the term “highest currently allowed floor area 290 53 ENROLLED 2024 Legislature CS for CS for SB 328, 1st Engrossed 2024328er Page 11 of 28 CODING: Words stricken are deletions; words underlined are additions. ratio” does not include the floor area ratio of any building 291 that met the requirements of this subsection or the floor area 292 ratio of any building that has received any bonus, variance, or 293 other special exception for floor area ratio provided in the 294 municipality’s land development regulations as an incentive for 295 development. For purposes of this subsection, the term “floor 296 area ratio” includes floor lot ratio. 297 (d)1.(c) A municipality may not restrict the height of a 298 proposed development authorized under this subsection below the 299 highest currently allowed height for a commercial or residential 300 building development located in its jurisdiction within 1 mile 301 of the proposed development or 3 stories, whichever is higher. 302 For purposes of this paragraph, the term “highest currently 303 allowed height” does not include the height of any building that 304 met the requirements of this subsection or the height of any 305 building that has received any bonus, variance, or other special 306 exception for height provided in the municipality’s land 307 development regulations as an incentive for development. 308 2. If the proposed development is adjacent to, on two or 309 more sides, a parcel zoned for single-family residential use 310 that is within a single-family residential development with at 311 least 25 contiguous single-family homes, the municipality may 312 restrict the height of the proposed development to 150 percent 313 of the tallest building on any property adjacent to the proposed 314 development, the highest currently allowed height for the 315 property provided in the municipality’s land development 316 regulations, or 3 stories, whichever is higher. For the purposes 317 of this paragraph, the term “adjacent to” means those properties 318 sharing more than one point of a property line, but does not 319 54 ENROLLED 2024 Legislature CS for CS for SB 328, 1st Engrossed 2024328er Page 12 of 28 CODING: Words stricken are deletions; words underlined are additions. include properties separated by a public road. 320 (e)(d) A proposed development authorized under this 321 subsection must be administratively approved and no further 322 action by the governing body of the municipality is required if 323 the development satisfies the municipality’s land development 324 regulations for multifamily developments in areas zoned for such 325 use and is otherwise consistent with the comprehensive plan, 326 with the exception of provisions establishing allowable 327 densities, floor area ratios, height, and land use. Such land 328 development regulations include, but are not limited to, 329 regulations relating to setbacks and parking requirements. A 330 proposed development located within one-quarter mile of a 331 military installation identified in s. 163.3175(2) may not be 332 administratively approved. Each municipality shall maintain on 333 its website a policy containing procedures and expectations for 334 administrative approval pursuant to this subsection. 335 (f)1.(e) A municipality must consider reducing parking 336 requirements for a proposed development authorized under this 337 subsection if the development is located within one-quarter one-338 half mile of a major transit stop, as defined in the 339 municipality’s land development code, and the major transit stop 340 is accessible from the development. 341 2. A municipality must reduce parking requirements by at 342 least 20 percent for a proposed development authorized under 343 this subsection if the development: 344 a. Is located within one-half mile of a major 345 transportation hub that is accessible from the proposed 346 development by safe, pedestrian-friendly means, such as 347 sidewalks, crosswalks, elevated pedestrian or bike paths, or 348 55 ENROLLED 2024 Legislature CS for CS for SB 328, 1st Engrossed 2024328er Page 13 of 28 CODING: Words stricken are deletions; words underlined are additions. other multimodal design features. 349 b. Has available parking within 600 feet of the proposed 350 development which may consist of options such as on-street 351 parking, parking lots, or parking garages available for use by 352 residents of the proposed development. However, a municipality 353 may not require that the available parking compensate for the 354 reduction in parking requirements. 355 3. A municipality must eliminate parking requirements for a 356 proposed mixed-use residential development authorized under this 357 subsection within an area recognized by the municipality as a 358 transit-oriented development or area, as provided in paragraph 359 (h). 360 4. For purposes of this paragraph, the term “major 361 transportation hub” means any transit station, whether bus, 362 train, or light rail, which is served by public transit with a 363 mix of other transportation options. 364 (g)(f) A municipality that designates less than 20 percent 365 of the land area within its jurisdiction for commercial or 366 industrial use must authorize a proposed multifamily development 367 as provided in this subsection in areas zoned for commercial or 368 industrial use only if the proposed multifamily development is 369 mixed-use residential. 370 (h) A proposed development authorized under this subsection 371 which is located within a transit-oriented development or area, 372 as recognized by the municipality, must be mixed-use residential 373 and otherwise comply with requirements of the municipality’s 374 regulations applicable to the transit-oriented development or 375 area except for use, height, density, floor area ratio, and 376 parking as provided in this subsection or as otherwise agreed to 377 56 ENROLLED 2024 Legislature CS for CS for SB 328, 1st Engrossed 2024328er Page 14 of 28 CODING: Words stricken are deletions; words underlined are additions. by the municipality and the applicant for the development. 378 (i)(g) Except as otherwise provided in this subsection, a 379 development authorized under this subsection must comply with 380 all applicable state and local laws and regulations. 381 (j)1. Nothing in this subsection precludes a municipality 382 from granting a bonus, variance, conditional use, or other 383 special exception to height, density, or floor area ratio in 384 addition to the height, density, and floor area ratio 385 requirements in this subsection. 386 2. Nothing in this subsection precludes a proposed 387 development authorized under this subsection from receiving a 388 bonus for density, height, or floor area ratio pursuant to an 389 ordinance or regulation of the jurisdiction where the proposed 390 development is located if the proposed development satisfies the 391 conditions to receive the bonus except for any condition which 392 conflicts with this subsection. If a proposed development 393 qualifies for such bonus, the bonus must be administratively 394 approved by the municipality and no further action by the 395 governing body of the municipality is required. 396 (k)(h) This subsection does not apply to: 397 1. Airport-impacted areas as provided in s. 333.03. 398 2. Property defined as recreational and commercial working 399 waterfront in s. 342.201(2)(b) in any area zoned as industrial. 400 (l)(i) This subsection expires October 1, 2033. 401 (8) Any development authorized under paragraph (7)(a) must 402 be treated as a conforming use even after the expiration of 403 subsection (7) and the development’s affordability period as 404 provided in paragraph (7)(a), notwithstanding the municipality’s 405 comprehensive plan, future land use designation, or zoning. If 406 57 ENROLLED 2024 Legislature CS for CS for SB 328, 1st Engrossed 2024328er Page 15 of 28 CODING: Words stricken are deletions; words underlined are additions. at any point during the development’s affordability period the 407 development violates the affordability period requirement 408 provided in paragraph (7)(a), the development must be allowed a 409 reasonable time to cure such violation. If the violation is not 410 cured within a reasonable time, the development must be treated 411 as a nonconforming use. 412 Section 3. An applicant for a proposed development 413 authorized under s. 125.01055(7) or s. 166.04151(7), Florida 414 Statutes, who submitted an application, written request, or 415 notice of intent to utilize such provisions to the county or 416 municipality and which has been received by the county or 417 municipality, as applicable, before the effective date of this 418 act may notify the county or municipality by July 1, 2024, of 419 its intent to proceed under the provisions of s. 125.01055(7) or 420 s. 166.04151(7), Florida Statutes, as they existed at the time 421 of submittal. A county or municipality shall allow an applicant 422 who submitted such application, written request, or notice of 423 intent before the effective date of this act the opportunity to 424 submit a revised application, written request, or notice of 425 intent to account for the changes made by this act. 426 Section 4. Subsection (3) of section 196.1978, Florida 427 Statutes, is amended to read: 428 196.1978 Affordable housing property exemption.— 429 (3)(a) As used in this subsection, the term: 430 1. “Corporation” means the Florida Housing Finance 431 Corporation. 432 2. “Newly constructed” means an improvement to real 433 property which was substantially completed within 5 years before 434 the date of an applicant’s first submission of a request for a 435 58 ENROLLED 2024 Legislature CS for CS for SB 328, 1st Engrossed 2024328er Page 16 of 28 CODING: Words stricken are deletions; words underlined are additions. certification notice or an application for an exemption pursuant 436 to this subsection section, whichever is earlier. 437 3.“Substantially completed” has the same meaning as in s.438 192.042(1). 439 (b)Notwithstanding ss. 196.195 and 196.196, portions of440 property in a multifamily project are considered property used 441 for a charitable purpose and are eligible to receive an ad 442 valorem property tax exemption if such portions meet all of the 443 following conditions: 444 1.Provide affordable housing to natural persons or445 families meeting the income limitations provided in paragraph 446 (d).; 447 2.a. Are within a newly constructed multifamily project448 that contains more than 70 units dedicated to housing natural 449 persons or families meeting the income limitations provided in 450 paragraph (d); or 451 b.Are within a newly constructed multifamily project in an452 area of critical state concern, as designated by s. 380.0552 or 453 chapter 28-36, Florida Administrative Code, which contains more 454 than 10 units dedicated to housing natural persons or families 455 meeting the income limitations provided in paragraph (d). and 456 3.Are rented for an amount that does not exceed the amount457 as specified by the most recent multifamily rental programs 458 income and rent limit chart posted by the corporation and 459 derived from the Multifamily Tax Subsidy Projects Income Limits 460 published by the United States Department of Housing and Urban 461 Development or 90 percent of the fair market value rent as 462 determined by a rental market study meeting the requirements of 463 paragraph (l) (m), whichever is less. 464 59 ENROLLED 2024 Legislature CS for CS for SB 328, 1st Engrossed 2024328er Page 17 of 28 CODING: Words stricken are deletions; words underlined are additions. (c) If a unit that in the previous year received qualified 465 for the exemption under this subsection and was occupied by a 466 tenant is vacant on January 1, the vacant unit is eligible for 467 the exemption if the use of the unit is restricted to providing 468 affordable housing that would otherwise meet the requirements of 469 this subsection and a reasonable effort is made to lease the 470 unit to eligible persons or families. 471 (d)1. The property appraiser shall exempt: 472 a. Seventy-five percent of the assessed value of the units 473 in multifamily projects that meet the requirements of this 474 subsection and are Qualified property used to house natural 475 persons or families whose annual household income is greater 476 than 80 percent but not more than 120 percent of the median 477 annual adjusted gross income for households within the 478 metropolitan statistical area or, if not within a metropolitan 479 statistical area, within the county in which the person or 480 family resides; and, must receive an ad valorem property tax 481 exemption of 75 percent of the assessed value. 482 b.2. From ad valorem property taxes the units in 483 multifamily projects that meet the requirements of this 484 subsection and are Qualified property used to house natural 485 persons or families whose annual household income does not 486 exceed 80 percent of the median annual adjusted gross income for 487 households within the metropolitan statistical area or, if not 488 within a metropolitan statistical area, within the county in 489 which the person or family resides, is exempt from ad valorem 490 property taxes. 491 2. When determining the value of a unit for purposes of 492 applying an exemption pursuant to this paragraph, the property 493 60 ENROLLED 2024 Legislature CS for CS for SB 328, 1st Engrossed 2024328er Page 18 of 28 CODING: Words stricken are deletions; words underlined are additions. appraiser must include in such valuation the proportionate share 494 of the residential common areas, including the land, fairly 495 attributable to such unit. 496 (e) To be eligible to receive an exemption under this 497 subsection, a property owner must submit an application on a 498 form prescribed by the department by March 1 for the exemption, 499 accompanied by a certification notice from the corporation to 500 the property appraiser. The property appraiser shall review the 501 application and determine whether the applicant meets all of the 502 requirements of this subsection and is entitled to an exemption. 503 A property appraiser may request and review additional 504 information necessary to make such determination. A property 505 appraiser may grant an exemption only for a property for which 506 the corporation has issued a certification notice and which the 507 property appraiser determines is entitled to an exemption. 508 (f) To receive a certification notice, a property owner 509 must submit a request to the corporation for certification on a 510 form provided by the corporation which includes all of the 511 following: 512 1. The most recently completed rental market study meeting 513 the requirements of paragraph (l) (m). 514 2. A list of the units for which the property owner seeks 515 an exemption. 516 3. The rent amount received by the property owner for each 517 unit for which the property owner seeks an exemption. If a unit 518 is vacant and qualifies for an exemption under paragraph (c), 519 the property owner must provide evidence of the published rent 520 amount for each vacant unit. 521 4. A sworn statement, under penalty of perjury, from the 522 61 ENROLLED 2024 Legislature CS for CS for SB 328, 1st Engrossed 2024328er Page 19 of 28 CODING: Words stricken are deletions; words underlined are additions. applicant restricting the property for a period of not less than 523 3 years to housing persons or families who meet the income 524 limitations under this subsection. 525 (g) The corporation shall review the request for a 526 certification notice and certify whether a property that meets 527 the eligibility criteria of paragraphs (b) and (c) this 528 subsection. A determination by the corporation regarding a 529 request for a certification notice does not constitute a grant 530 of an exemption pursuant to this subsection or final agency 531 action pursuant to chapter 120. 532 1. If the corporation determines that the property meets 533 the eligibility criteria for an exemption under this subsection, 534 the corporation must send a certification notice to the property 535 owner and the property appraiser. 536 2. If the corporation determines that the property does not 537 meet the eligibility criteria, the corporation must notify the 538 property owner and include the reasons for such determination. 539 (h) The corporation shall post on its website the deadline 540 to submit a request for a certification notice. The deadline 541 must allow adequate time for a property owner to submit a timely 542 application for exemption to the property appraiser. 543 (i) The property appraiser shall review the application and 544 determine if the applicant is entitled to an exemption. A 545 property appraiser may grant an exemption only for a property 546 for which the corporation has issued a certification notice. 547 (j) If the property appraiser determines that for any year 548 during the immediately previous 10 years a person who was not 549 entitled to an exemption under this subsection was granted such 550 an exemption, the property appraiser must serve upon the owner a 551 62 ENROLLED 2024 Legislature CS for CS for SB 328, 1st Engrossed 2024328er Page 20 of 28 CODING: Words stricken are deletions; words underlined are additions. notice of intent to record in the public records of the county a 552 notice of tax lien against any property owned by that person in 553 the county, and that property must be identified in the notice 554 of tax lien. Any property owned by the taxpayer and situated in 555 this state is subject to the taxes exempted by the improper 556 exemption, plus a penalty of 50 percent of the unpaid taxes for 557 each year and interest at a rate of 15 percent per annum. If an 558 exemption is improperly granted as a result of a clerical 559 mistake or an omission by the property appraiser, the property 560 owner improperly receiving the exemption may not be assessed a 561 penalty or interest. 562 (j)(k) Units subject to an agreement with the corporation 563 pursuant to chapter 420 recorded in the official records of the 564 county in which the property is located to provide housing to 565 natural persons or families meeting the extremely-low-income, 566 very-low-income, or low-income limits specified in s. 420.0004 567 are not eligible for this exemption. 568 (k)(l) Property receiving an exemption pursuant to s. 569 196.1979 or units used as a transient public lodging 570 establishment as defined in s. 509.013 are is not eligible for 571 this exemption. 572 (l)(m) A rental market study submitted as required by 573 subparagraph (f)1. paragraph (f) must identify the fair market 574 value rent of each unit for which a property owner seeks an 575 exemption. Only a certified general appraiser as defined in s. 576 475.611 may issue a rental market study. The certified general 577 appraiser must be independent of the property owner who requests 578 the rental market study. In preparing the rental market study, a 579 certified general appraiser shall comply with the standards of 580 63 ENROLLED 2024 Legislature CS for CS for SB 328, 1st Engrossed 2024328er Page 21 of 28 CODING: Words stricken are deletions; words underlined are additions. professional practice pursuant to part II of chapter 475 and use 581 comparable property within the same geographic area and of the 582 same type as the property for which the exemption is sought. A 583 rental market study must have been completed within 3 years 584 before submission of the application. 585 (m)(n) The corporation may adopt rules to implement this 586 section. 587 (n)(o) This subsection first applies to the 2024 tax roll 588 and is repealed December 31, 2059. 589 Section 5. Present subsections (6) and (7) of section 590 196.1979, Florida Statutes, are redesignated as subsections (8) 591 and (9), respectively, new subsections (6) and (7) are added to 592 that section, and paragraph (b) of subsection (1), subsection 593 (2), paragraphs (d), (f), and (l) of subsection (3), and 594 subsection (5) of that section are amended, to read: 595 196.1979 County and municipal affordable housing property 596 exemption.— 597 (1) 598 (b) Qualified property may receive an ad valorem property 599 tax exemption of: 600 1. Up to 75 percent of the assessed value of each 601 residential unit used to provide affordable housing if fewer 602 than 100 percent of the multifamily project’s residential units 603 are used to provide affordable housing meeting the requirements 604 of this section. 605 2. Up to 100 percent of the assessed value of each 606 residential unit used to provide affordable housing if 100 607 percent of the multifamily project’s residential units are used 608 to provide affordable housing meeting the requirements of this 609 64 ENROLLED 2024 Legislature CS for CS for SB 328, 1st Engrossed 2024328er Page 22 of 28 CODING: Words stricken are deletions; words underlined are additions. section. 610 (2) If a residential unit that in the previous year 611 received qualified for the exemption under this section and was 612 occupied by a tenant is vacant on January 1, the vacant unit may 613 qualify for the exemption under this section if the use of the 614 unit is restricted to providing affordable housing that would 615 otherwise meet the requirements of this section and a reasonable 616 effort is made to lease the unit to eligible persons or 617 families. 618 (3) An ordinance granting the exemption authorized by this 619 section must: 620 (d) Require the local entity to verify and certify property 621 that meets the requirements of the ordinance as qualified 622 property and forward the certification to the property owner and 623 the property appraiser. If the local entity denies the 624 application for certification exemption, it must notify the 625 applicant and include reasons for the denial. 626 (f) Require the property owner to submit an application for 627 exemption, on a form prescribed by the department, accompanied 628 by the certification of qualified property, to the property 629 appraiser no later than the deadline specified in s. 196.011 630 March 1. 631 (l) Require the county or municipality to post on its 632 website a list of certified properties receiving the exemption 633 for the purpose of facilitating access to affordable housing. 634 (5) An ordinance adopted under this section must expire 635 before the fourth January 1 after adoption; however, the board 636 of county commissioners or the governing body of the 637 municipality may adopt a new ordinance to renew the exemption. 638 65 ENROLLED 2024 Legislature CS for CS for SB 328, 1st Engrossed 2024328er Page 23 of 28 CODING: Words stricken are deletions; words underlined are additions. The board of county commissioners or the governing body of the 639 municipality shall deliver a copy of an ordinance adopted under 640 this section to the department and the property appraiser within 641 10 days after its adoption, but no later than January 1 of the 642 year such exemption will take effect. If the ordinance expires 643 or is repealed, the board of county commissioners or the 644 governing body of the municipality must notify the department 645 and the property appraiser within 10 days after its expiration 646 or repeal, but no later than January 1 of the year the repeal or 647 expiration of such exemption will take effect. 648 (6) The property appraiser shall review each application 649 for exemption and determine whether the applicant meets all of 650 the requirements of this section and is entitled to an 651 exemption. A property appraiser may request and review 652 additional information necessary to make such determination. A 653 property appraiser may grant an exemption only for a property 654 for which the local entity has certified as qualified property 655 and which the property appraiser determines is entitled to an 656 exemption. 657 (7) When determining the value of a unit for purposes of 658 applying an exemption pursuant to this section, the property 659 appraiser must include in such valuation the proportionate share 660 of the residential common areas, including the land, fairly 661 attributable to such unit. 662 Section 6. The amendments made by this act to ss. 196.1978 663 and 196.1979, Florida Statutes, are intended to be remedial and 664 clarifying in nature and apply retroactively to January 1, 2024. 665 Section 7. Present subsection (5) of section 333.03, 666 Florida Statutes, is redesignated as subsection (6), and a new 667 66 ENROLLED 2024 Legislature CS for CS for SB 328, 1st Engrossed 2024328er Page 24 of 28 CODING: Words stricken are deletions; words underlined are additions. subsection (5) is added to that section, to read: 668 333.03 Requirement to adopt airport zoning regulations.— 669 (5) Sections 125.01055(7) and 166.04151(7) do not apply to 670 any of the following: 671 (a) A proposed development near a runway within one-quarter 672 of a mile laterally from the runway edge and within an area that 673 is the width of one-quarter of a mile extending at right angles 674 from the end of the runway for a distance of 10,000 feet of any 675 existing airport runway or planned airport runway identified in 676 the local government’s airport master plan. 677 (b) A proposed development within any airport noise zone 678 identified in the federal land use compatibility table or in a 679 land-use zoning or airport noise regulation adopted by the local 680 government. 681 (c) A proposed development that exceeds maximum height 682 restrictions identified in the political subdivision’s airport 683 zoning regulation adopted pursuant to this section. 684 Section 8. Subsection (35) of section 420.507, Florida 685 Statutes, is amended to read: 686 420.507 Powers of the corporation.—The corporation shall 687 have all the powers necessary or convenient to carry out and 688 effectuate the purposes and provisions of this part, including 689 the following powers which are in addition to all other powers 690 granted by other provisions of this part: 691 (35) To preclude any applicant, sponsor, or affiliate of an 692 applicant or sponsor from further participation in any of the 693 corporation’s programs as provided in s. 420.518, any applicant 694 or affiliate of an applicant which has made a material 695 misrepresentation or engaged in fraudulent actions in connection 696 67 ENROLLED 2024 Legislature CS for CS for SB 328, 1st Engrossed 2024328er Page 25 of 28 CODING: Words stricken are deletions; words underlined are additions. with any application for a corporation program. 697 Section 9. Subsection (3) of section 420.5096, Florida 698 Statutes, is amended to read: 699 420.5096 Florida Hometown Hero Program.— 700 (3) For loans made available pursuant to s. 701 420.507(23)(a)1. or 2., the corporation may underwrite and make 702 those mortgage loans through the program to persons or families 703 who have household incomes that do not exceed 150 percent of the 704 state median income or local median income, whichever is 705 greater. A borrower must be seeking to purchase a home as a 706 primary residence; must be a first-time homebuyer and a Florida 707 resident; and must be employed full-time by a Florida-based 708 employer. The borrower must provide documentation of full-time 709 employment, or full-time status for self-employed individuals, 710 of 35 hours or more per week. The requirement to be a first-time 711 homebuyer does not apply to a borrower who is an active duty 712 servicemember of a branch of the armed forces or the Florida 713 National Guard, as defined in s. 250.01, or a veteran. 714 Section 10. Section 420.518, Florida Statutes, is amended 715 to read: 716 420.518 Preclusion from participation in corporation 717 programs Fraudulent or material misrepresentation.— 718 (1) An applicant, a sponsor, or an affiliate of an 719 applicant or a sponsor may be precluded from participation in 720 any corporation program if the applicant or affiliate of the 721 applicant has: 722 (a) Made a material misrepresentation or engaged in 723 fraudulent actions in connection with any corporation program. 724 (b) Been convicted or found guilty of, or entered a plea of 725 68 ENROLLED 2024 Legislature CS for CS for SB 328, 1st Engrossed 2024328er Page 26 of 28 CODING: Words stricken are deletions; words underlined are additions. guilty or nolo contendere to, regardless of adjudication, a 726 crime in any jurisdiction which directly relates to the 727 financing, construction, or management of affordable housing or 728 the fraudulent procurement of state or federal funds. The record 729 of a conviction certified or authenticated in such form as to be 730 admissible in evidence under the laws of the state shall be 731 admissible as prima facie evidence of such guilt. 732 (c) Been excluded from any federal funding program related 733 to the provision of housing, including debarment from 734 participation in federal housing programs by the United States 735 Department of Housing and Urban Development. 736 (d) Been excluded from any federal or Florida procurement 737 programs. 738 (e) Offered or given consideration, other than the 739 consideration to provide affordable housing, with respect to a 740 local contribution. 741 (f) Demonstrated a pattern of noncompliance and a failure 742 to correct any such noncompliance after notice from the 743 corporation in the construction, operation, or management of one 744 or more developments funded through a corporation program. 745 (g) Materially or repeatedly violated any condition imposed 746 by the corporation in connection with the administration of a 747 corporation program, including a land use restriction agreement, 748 an extended use agreement, or any other financing or regulatory 749 agreement with the corporation. 750 (2) Upon a determination by the board of directors of the 751 corporation that an applicant or affiliate of the applicant be 752 precluded from participation in any corporation program, the 753 board may issue an order taking any or all of the following 754 69 ENROLLED 2024 Legislature CS for CS for SB 328, 1st Engrossed 2024328er Page 27 of 28 CODING: Words stricken are deletions; words underlined are additions. actions: 755 (a) Preclude such applicant or affiliate from applying for 756 funding from any corporation program for a specified period. The 757 period may be a specified period of time or permanent in nature. 758 With regard to establishing the duration, the board shall 759 consider the facts and circumstances, inclusive of the 760 compliance history of the applicant or affiliate of the 761 applicant, the type of action under subsection (1), and the 762 degree of harm to the corporation’s programs that has been or 763 may be done. 764 (b) Revoke any funding previously awarded by the 765 corporation for any development for which construction or 766 rehabilitation has not commenced. 767 (3) Before any order issued under this section can be 768 final, an administrative complaint must be served on the 769 applicant, affiliate of the applicant, or its registered agent 770 that provides notification of findings of the board, the 771 intended action, and the opportunity to request a proceeding 772 pursuant to ss. 120.569 and 120.57. 773 (4) Any funding, allocation of federal housing credits, 774 credit underwriting procedures, or application review for any 775 development for which construction or rehabilitation has not 776 commenced may be suspended by the corporation upon the service 777 of an administrative complaint on the applicant, affiliate of 778 the applicant, or its registered agent. The suspension shall be 779 effective from the date the administrative complaint is served 780 until an order issued by the corporation in regard to that 781 complaint becomes final. 782 Section 11. For the 2024-2025 fiscal year, from the funds 783 70 ENROLLED 2024 Legislature CS for CS for SB 328, 1st Engrossed 2024328er Page 28 of 28 CODING: Words stricken are deletions; words underlined are additions. received and deposited into the General Revenue Fund from the 784 state’s allocation from the federal Coronavirus State Fiscal 785 Recovery Fund created under the American Rescue Plan Act of 786 2021, Pub. L. No. 117-2, the sum of $100 million in nonrecurring 787 funds is appropriated to the State Housing Trust Fund for use by 788 the Florida Housing Finance Corporation to implement the Florida 789 Hometown Hero Program established in s. 420.5096, Florida 790 Statutes. 791 Section 12. This act shall take effect upon becoming a law. 792 71