AHAC Agenda 05/20/2025
Affordable Housing Advisory Committee
Attendance Roster – Date: May 20, 2025
AHAC Members
**Must have (6) members for a quorum**
Commissioner Dan Kowal: Present
Gary Hains: Present
Stephen Hruby: Present
Catherine Myers: Excused Absence
Jennifer Faron: Present
Andrew Terhune: Present
Mary Waller: Present
Hannah Roberts: Present
Todd Lyon: Present
Paul Shea: Present
Arol Buntzman: Present
Robert Mulhere: Present
County Staff Members
Name Title Present/Absent
Cormac Giblin Director, Housing Policy & Economic
Development, GMCD Present
Sarah Harrington
Manager, Planning, Housing Policy & Economic
Development, GMCD Absent
Priscilla Doria
Ops Support Specialist II, Housing Policy &
Economic Development, GMCD Present
Kristi Sonntag Director, Community & Human Services, PSD
Present
Donald Luciano Assistant Director, Community & Human
Services, PSD Present
Heidi Ashton Managing Assistant County Attorney, CAO Present
Gino Santabarbara Manager, Impact Fees, County Manager’s Office Present
Jaime Cook Director, Development Review, GMCD Present
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Collier County
GROWTH MANAGEMENT
COMMUNIW DEVELOPMENT
Affordable Housing Advisory Gommittee
Sign-in Sheet (Public)
Mav 20. 2025
Please Print
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Collier County
GROWTH MANAGEMENT
COMMUNITY DEVELOPMENT
Page2 of 2
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Collier County Affordable Housing Advisory Committee (AHAC)
AGENDA
Growth Management Community Development Department
Conference Rooms 609/610
2800 N. Horseshoe Dr., Naples, FL 34104
May 20, 2025, 9:00 AM
Steve Hruby, Chair
Jennifer Faron, Vice Chair
Mary Waller, Member
Gary Hains, Member
Hannah Roberts, Member
Andrew Terhune, Member
AHAC MEMBERS
Commissioner Dan Kowal, BCC Liaison
Arol Buntzman, Member
Todd Lyon, Member
Paul Shea, Member
Catherine Myers, Member
Bob Mulhere, Non-Voting Member
NOTE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. ALL
REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE
CHAIRMAN. DURING COMMITTEE DISCUSSION, COMMITTEE MEMBERS MAY ASK DIRECT QUESTIONS TO
INDIVIDUALS. PLEASE WAIT TO BE RECOGNIZED BY THE CHAIRMAN AND STATE YOUR NAME AND
AFFILIATION FOR THE RECORD BEFORE COMMENTING.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ACCOMMODATION IN ORDER TO PARTICIPATE IN
THIS MEETING, YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN ASSISTANCE. PLEASE
CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT. ASSISTED LISTENING DEVICES FOR
THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONER’S OFFICE.
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1. CALL TO ORDER & PLEDGE OF ALLEGIANCE
a. Excused Absence- Catherine Myers
2. ROLL CALL OF COMMITTEE MEMBERS AND STAFF
3. APPROVAL OF AGENDA AND MINUTES
a. Approval of today’s agenda
b. Approval of March 18, 1025, meeting minutes
4. INFORMATIONAL ITEMS AND PRESENTATIONS
a. The Teale Preleasing (The Styx Co. – Ryan Hyler)
b. Entitlement Grant Application Cycle (K. Sonntag)
c. 2025 LGAO Timeline (S. Harrington)
5. PUBLIC COMMENT
a. Persons wishing to speak must register prior to speaking. All registered
speakers will receive up to three (3) minutes unless the time is adjusted by
the Chairman.
6. DISCUSSION ITEMS
a. Release of new 2025 Income Limits (C. Giblin)
b. Review of 2024 SHIP Incentive Report (S. Harrington)
7. STAFF AND COMMITTEE GENERAL COMMUNICATIONS
a. Upcoming Public Hearing
b. Live Local Act Update
8. NEW BUSINESS
9. ADJOURN
10. NEXT AHAC MEETING DATE AND LOCATION: July 15, 2025, at 9:00 AM
Conference Room 609/610 - Growth Management Community Development
Department
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March 18, 2025 AHAC Meeting Minutes
MINUTES OF THE COLLIER COUNTY AFFORDABLE HOUSING
ADVISORY COMMITTEE
Naples, Florida
March 18, 2025
LET IT BE REMEMBERED, the Collier County Affordable Housing Advisory
Committee, in and for the County of Collier, having conducted business herein, met on this date
at 9 a.m. in REGULAR SESSION at the Collier County Museum Lecture Hall, 3331 Tamiami
Trail East, Naples, Florida, with the following members present:
Chairman: Stephen Hruby
Vice chairman: Jennifer Faron
Mary Waller
Gary Hains
Hannah Roberts
Andrew Terhune
Arol Buntzman
Todd Lyon
Paul Shea
Catherine Myers
Dan Kowal, BCC
Bob Mulhere
County Staff Members Present:
Cormac Giblin, Director, Housing Policy & Economic Development
Sarah Harrington, Manager-Planning, Housing Policy & Economic Development
Priscilla Doria, Ops Support Specialist II, Housing Policy & Economic Development
Kristi Sonntag, Director, Community & Human Services Division
Lisa Carr, Supervisor-Grants, Community & Human Services Division
Mike Bosi, Director, Planning & Zoning Division
Derek Perry, Assistant County Attorney, County Attorney’s Office
Any persons in need of a verbatim record of the meeting may request a copy of the audio
recording from the Collier County Growth Management Department.
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March 18, 2025 AHAC Meeting Minutes
1. CALL TO ORDER & PLEDGE OF ALLEGIANCE
Meeting called to order at 9 a.m. [The pledge of allegiance was recited]
2. ROLL CALL OF COMMITTEE MEMBERS AND STAFF
Roll called and a quorum established.
3. APPROVAL OF AGENDA AND MINUTES
A. Approval of today’s agenda
Chairman Hruby made a motion to approve the agenda. The motion was
seconded. The motion passed unanimously.
B. Approval of November 19, 2024, meeting minutes
Chairman Hruby made a motion to approve the November 19,2024 meeting
minutes. The motion was seconded. The motion passed unanimously.
C. Approval of January 10, 2025, sub-committee meeting minutes
Chairman Hruby made a motion to approve the January 10,2025, sub-committee
meeting minutes. The motion was seconded. The motion passed unanimously.
D. Approval of January 16, 2025, meeting minutes
Chairman Hruby made a motion to approve the January 16,2025, meeting
minutes. The motion was seconded. The motion passed unanimously.
4. INFORMATIONAL ITEMS AND PRESENTATIONS
A. Housing Alliance video (Michael Puchalla)
• The Florida Housing Alliance works to help provide housing for many of
Collier County’s essential workers. The video highlights the stories of
several Collier County workers.
B. 2050 Long Range Transportation Plan (Anne McLaughlin)
• Update: the Collier Metropolitan Planning Organization (MPO) is
developing a Needs plan, where they do outreach and surveys. One of the
biggest concerns is congestion.
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March 18, 2025 AHAC Meeting Minutes
• Stakeholder outreach includes coordination with tribes: the Seminole.
tribe which has a land of interest in the Immokalee area, The Miccosukee
tribe, which has their reservation interested in STATE RD 29 and US 41.
• For the 2050 Long Range Transportation plan, all the MPOs in Florida
instructed to use 2019 as the base year for social economic data because
during COVID there were changes to driving patterns.
• By 2050, the projected population is 524,000.
• Revenue projections look good, as well as cost estimates for new
construction.
• MPO also working on bicycle and pedestrian master plans, transit
development plans, and congestion management plan.
[question and answer portion followed the presentation between the AHAC and
Mrs. McLaughlin]
5. PUBLIC COMMENT
Jessica Turner, Partnership Manager, Collaboratory.org
• Currently working on the Senior Home Sharing Project- helps senior citizens
having a hard time paying their mortgage by pairing them with another senior
citizen needing affordable housing.
• Looking for any help with eviction prevention; looking for a development or a
landlord who would like to partner in a piolet project where they are hoping to be
proactive and giving support to tenants who are at risk at being housing insecure.
6. DISCUSSION ITEMS
A. 2025-2027 LHAP review and recommendation of housing strategies (Lisa
Carr/ K. Sonntag)
• The funding estimate for the first year for the combined county and City
of Naples allocation totals three million.
• 75% of funding must be spent on strategies such as new construction
assertions with a special set aside for special needs households.
• Reviewed the purchase assistance strategy, the disaster systems strategy,
new construction assistance, and rental development.
[Discussion followed between the AHAC and staff]
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March 18, 2025 AHAC Meeting Minutes
Discussion points included:
• how funding is allocated and spent.
• how new construction is overseen or managed.
• community land trust with a construction set on being done in 30 months was
reduced to 18 months.
Chairman Hruby: made a motion to accept the 2025-2027 LHAP review and
recommendation of housing strategies. Motion seconded. Motion passed
B. Infrastructure Surtax Funds (Cormac Giblin)
• Applications are still being accepted for the use of the money; the
collection of the tax ended on December 31, 2023.
• There are three individual projects validated by the Surtax Committee:
o 1) The Ekos on Collier Property- status: SDP approved, building
permits being reviewed, in process of getting FDOT and other
required state agency permits. Expected to break ground this year.
o 2) The affordable housing portion of the Golden Gate Golf Course-
status: estate has been approved, building permits approved, there
is active site work and vertical construction is occurring at the site.
o 3) The affordable housing portion of the Williams property- status:
county still in due diligence process.
• Original total of $20 million, about 5.6 left to allocate, so applications are
still open.
[Discussion followed between the AHAC and staff]
C. Florida House Bill 923 and 943 (Jennifer Faron)
• Bill 923: Affordable housing tax exemption at the state level.
• Bill 943: Aimed at the loopholes left by the live local legislation. It would
prohibit counties from enacting moratoriums. Would award attorney fees
to developers who need to challenge a county or city to use the live local
act.
7. STAFF AND COMMITTEE GENERAL COMMUNICATIONS
A. Update to Affordable Housing Map and map details (Cormac Giblin)
Updated GIS map of all the approved affordable housing locations available.
[Discussion followed between the AHAC and staff]
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March 18, 2025 AHAC Meeting Minutes
Just a reminder of the Sunshine law, members are not allowed to communicate on
items of affordable housing outside of meetings and emails.
8. NEW BUSINESS
Staff requested the Board County Commission to push for the LDC Amendments public
hearing to be in May.
9. ADJOURN
Meeting adjourned at 10:55 a.m.
10. NEXT MEETING DATE AND LOCATION:
May 20, 2025, 9: 00A.M
Conference Room 609/610- Growth Management Community Development Department
COLLIER COUNTY AFFORDABLE HOUSING ADVISORY COMMITTEE
_______________________________________________
Steve Hruby, Chairman
These minutes were approved by the committee on ,
as presented , or as amended .
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construction & leasing update
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Studio A Studio B Studio C
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Studio D Studio E Studio F
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Our apartment homes start at $1,449 per month
and include electricity, water, Xfinity cable &
internet, and nightly door-to-door trash pickup -
it’s all inclusive! This year’s residents will be the
first to live in our newly renovated community, full
of modern features, stylish finishes, and a host of
community spaces - intended to be an extension
of their own living space.
Fitness Center
On-Site Clothes Care Center
Pet Park
Community Amenity Center
Business Center
Swimming Pool
Sundeck
Community Events
On-Site Professional Management
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This opportunity is for people that meet any or all of
the following criteria:
•A single person making between $63,800 and
$79,600 per year. (Based on 80%-100% AMI
restrictions, 2025 Collier County).
•Two people making between $72,720 and $90,900
per year. (Based on 80%-100% AMI restrictions,
2025 Collier County).
•Are considered an essential workforce employee in
Collier County.
•Looking for a more affordable option for housing
without sacrificing features, design, or comfort.
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Want to get more information or know someone who should?
Reach us at (239) 422-7558 or
leasing@thetealegoldengate.com for pricing information,
apartment availability, and to schedule a hard hat tour!
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Affordable Housing Advisory
Committee Meeting
Impact Fee Discussion
May 20, 2025
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What are Impact Fees?
Impact fees are a one-time charge to new development used to offset the demand created
on public facilities.
Common types of impact fees include:
•Water/Wastewater
•Transportation
•Schools
•Parks
2
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How are Impact Fees Determined?
•The Florida Impact Fee Act, section 163.31801 of Florida Statutes, and Chapter 74 of the
Collier County Code of Laws and Ordinances provides requirements and procedures to be
followed for the adoption of an impact fee study.
•Dual Rational Nexus Test – Case Law Codified in 2019
•The impact fee must be reasonably connected to, or have a rational nexus with, the need for additional capital
facilities and the increased impact generated by the new residential or commercial construction.
•The impact fee must be reasonably connected to, or have a rational nexus with, the expenditures of the
revenues generated and the benefits accruing to the new residential or commercial construction.
•In summary, the growth-related need for the public facility must be demonstrated, as well as the benefit to the
fee payer from the expenditure of the funds.
3
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What Can Impact Fees Be Used For?
•Impact fee revenue can only be used for costs associated with the construction of growth-
related, capacity adding public facility projects, as defined by Florida Statutes.
•Eligible expenses include:
•Land acquisition
•Land improvement
•Design
•Engineering
•Permitting costs
•Other related construction costs required to bring the public facility into service
4
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Affordable Housing Impact Fee Deferral Program
•Owner-Occupied Deferral (Extremely Low, Very Low, Low, Moderate)
•Eligibility Requirements
•First-Time Home Buyer
•At least 18 years of age
•Property must be homestead of the owner
•Must be U.S. citizen or permanent legal resident
•Interest Rate – 5% per annum, not to exceed 25%
•Program limited to 3% of prior year’s collections. FY25 limit is approximately $2,100,000
•Impact Fees payable upon sale, refinancing or loss of homestead
5
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Affordable Housing Impact Fee Deferral Program
•Rental Deferral (Extremely Low, Very Low, Low, Moderate)
•Eligibility Requirements
•Must remain household’s permanent residence
•Head of household must be at least 18 years of age
•Head of household must be U.S. citizen or permanent legal resident
•Program limited to 225 units per fiscal year. Additional units require Board approval
•Term of rental deferral is 10 years. May be extended beyond 10 years with Board approval.
•Subordination requires owner to provide a cash equivalent instrument which will yield the full
amount when due and payable.
6
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Immokalee Impact Fee Installment Payment Pilot
Program
•Property must be located with the Immokalee CRA boundaries
•Available to single-family, multi-family and commercial projects
•No Income Qualification Required
•No First-Time Home Buyer Requirement
•Non-ad valorem special assessment
•Term up to 30 years
•Current interest rate is 5%, adjusted annually
•Assessment is superior to all other liens, titles and claims, except state and county taxes.
•Currently 3 single-family participants and 1 multi-family participant 7
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Questions & Comments
8
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History of Impact Fee Implementation
•Water/Wastewater – 1978 (Boundaries of Water/Sewer District)
•Transportation – 1985 (Countywide)
•Community Parks – 1988 (Unincorporated Area of County)
•Regional Parks – 1988 (Countywide)
•Library – 1988 (Countywide)
•Emergency Medical Services – 1991 (Countywide)
•Schools – 1992 (Countywide)
•Fire Protection – 1992 (Dependent Fire District) Dates vary for independent Fire Districts
•Correctional Facilities – 1999 (Countywide)
•General Governmental – 2004 (Countywide)
•Law Enforcement – 2005 (Unincorporated Area of County and City of Everglades 9
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Memorandum
To: Amy Patterson, County Manager
From: Kristi Sonntag, Director
Community and Human Services Division
Date: April 4, 2025
Subject: Entitlement Grant Application Cycle
CC: Ed Finn, Deputy County Manager
The annual HUD CDBG/ HOME/ ESG Grants, HOME - ARP and SHIP Fund Application cycle
commenced on January 7, 2025, with applications due on February 24, 2025. A Review and
Ranking Committee approved by the County Manager’s Office scored applications and has made
the following recommendations to you for approval before the presentation of Grant Agreements
to the Board of County Commissioners on June 24, 2025.
On March 26th and 27th, 2025, applications were reviewed and ranked for a final scoring
recommendation as reflected in the chart below in rank order. The projects recommended by the
Committee are used for formulating the Annual HUD Action Plan slated to go to the BCC for
approval on June 24, 2025.
The County Manager’s Office has asked to be made aware of awards recommended to applicants
from other taxing authorities within Collier County, as well as from other internal County
Divisions. This year the Committee has made recommendations for funding to other taxing
authorities or to any internal County Divisions. *
See the below table detailing those recommendations as follows
Applicant Project Requested
Amount
Grant Recommended
Amount
Habitat for Humanity
of Collier County, Inc.
New
Construction
Assistance
$2,000,000.00 SHIP $2,200,000.00
Community Assisted
and Supported Living,
Inc. (CASL)
Housing Rehab
Scattered Sites
$ 630,000.00 SHIP $ 300,000.00
Review & Ranking Scoring Comments: According to the Local Housing Assistance Plan (LHAP),
applicants may receive a maximum allocation of $300,000 for 1 to 4 dwelling units, with a limit of
$75,000 per unit. This application is based on rehabilitation of four units at $75,000 each, resulting
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Page 2
in a total award of $300,000. The remaining funds were allocated among other SHIP applicants.
Rural Neighborhoods,
Inc.
Housing Owner
Occupied
Rehab
$ 200,000.00 SHIP $ 290,000.00
Nuestra Senora de la
Vivienda Community
Foundation
New
Construction
Assistance
$1,000,000.00 SHIP $ 0.00
Review & Ranking Scoring Comments: Nuestra Senora is still working to secure funding for this
project. The applicant can apply in a future grant cycle.
SHIP TOTAL $2,790,000.00
Community Assisted
and Supported Living,
Inc.
Housing Rehab
Scattered Sites
$ 730,000.00 HOME – ARP $ 835,820.00
Collier Housing
Alternatives, Inc.
Housing Rehab
Scattered Sites
$ 1,000,000.00 HOME – ARP $ 1,000,000.00
Housing Alternatives
of Southwest Florida,
Inc.
Housing Rehab $ 200,000.00 HOME – ARP $ 200,000.00
*Community and
Human Services (CHS)
Division
Tenant Based
Rental
Assistance
$0.00 HOME – ARP $ 300,000.00
Review & Ranking Scoring Comments: After awarding the HOME-ARP funds to applicants, the
remaining funds have been allocated to CHS to implement a Tenant Based Rental Assistance program
to assist Collier County residents.
HOME – ARP
TOTAL
$2,335,820.00
The Shelter for Abused
Women & Children,
Inc.
Operations $ 130,000.00 ESG $ 65,000.00
*Community and
Human Services (CHS)
Division
Rental
Assistance
$ 0.00 ESG $ 65,000.00
Review & Ranking Scoring Comments: To maximize the impact and reach of ESG funds, the
committee recommends two awards for this grant application cycle. Alongside funding for The
Shelter, which supports victims of trafficking and domestic violence, the committee recommends
allocating funds to CHS to administer a rental assistance program to assist Collier County residents.
ESG TOTAL $ 130,000.00
National Development
of America/Casa San
Juan Diego, Ltd.
New
Construction
Assistance
$ 750,000.00 HOME $ 750,000.00
HOME TOTAL $ 750,000.00
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Page 3
Baker Senior Center
Naples
Geriatric Case
Management
$ 117,000.00 CDBG - Public
Services
$ 117,000.00
Fun Time Early
Childhood Academy
Personnel $ 100,000.00 CDBG - Public
Services
$ 100,000.00
Housing Development
Corporation, Inc.
d/b/a HELP
Housing
Navigator
Program and
Fair Housing
Activities
$ 125,000.00 CDBG - Public
Services
$ 125,000.00
Sunrise Community of
Southwest Florida, Inc.
Transportation $ 139,000.00 CDBG - Public
Services
$ 45,085.00
*Immokalee Pioneer
Museum at Roberts
Ranch
Personnel $ 78,000.00 CDBG – Public
Services
$ 0.00
Review & Ranking Scoring Comments: CDBG Public Services awards cannot exceed 15 percent of the
yearly CBDG allocation from HUD. Applications were ranked and awarded accordingly.
CDBG - PS
TOTAL
$ 387,085.00
Big Cypress Housing
Corporation
Main Street
Village Housing
Rental Rehab
$ 750,000.00 CDBG - Capital
Project
$ 750,000.00
Renaissance Hall
Senior Living, LLLP
New
Construction
Assistance
$1,000,000.00 CDBG - Capital
Project
$ 927,369.85
Collier Health Services
dba Healthcare
Network
HVAC
Replacement
$ 290,000.00 CDBG - Capital
Project
$ 0.00
Review & Ranking Scoring Comments: Faced with limited funding availability, the committee
concluded that other grant applications addressed issues that merited a higher priority.
Gargiulo Education
Center
Site Acquisition $2,000,000.00 CDBG – Capital
Project
$ 0.00
Review & Ranking Scoring Comments: The applicant received a low score due to concerns, including
the lack of federal grant experience, insufficient capacity and no site control.
CDBG – CAP
PROJECT
TOTAL
$1,677,369.85
TOTAL Federal &
State Funding
$8,070,274.85
As always, should you have any questions or need additional information, please do not hesitate to
let me know.
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PY2O25-2O26 REVIEW & RANKING COMMITTEE GRANT FUNDING RECOMMENDATIONS
I,AmyPatterson,CountyManageragreewiththerecommendationsexceptfor-.
4lbb-{
Amy Patte rson,County Manager Date
*Awards are based on estimated ollocations from HIID. ln the event any ofthe above projects do not move
forward, CHS stalf will reallocate those funds and/or make a conditional allocation to the next highest-scoring
project(s).
Page 4
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Proposed 2025 LGAO Timeline
May 13th – LGAO application released by CHS
June 10th – Applications due to CHS from developers
June 17th – CHS provides applications to Housing Policy & Economic Development
-In this timeframe, GMCD staff review & score applications.
July 1st – LGAO applications sent to AHAC
July 8th – AHAC Agenda packet published containing LGAO applications
July 15th – AHAC Review Applications; Recommendation to County Manager
*- Couty Manager Signs LGAO form for the selected applicant
*Dependent on when Florida Housing Finance Corporation opens the LGAO cycle
and provides this year’s LGAO form.
*- 9% Tax Credit Applications Due to Florida Housing
*Dependent on when Florida Housing Finance Corporation closes the LGAO cycle
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COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
NOTICE OF FUNDING AVAILABILITY &
REQUEST FOR APPLICATIONS
LOCAL GOVERNMENT SUPPORT LOANS
FOR DEVELOPMENTS APPLYING FOR FHFC HOUSING CREDITS
SEEKING THE LOCAL GOVERNMENT AREA OF OPPORTUNITY FUNDING
Loans Made in Conjunction with FHFC RFA 2025 LGAO
Application Opens: May 13, 2025
Applications Due: 12:00PM June 10, 2025
The Collier County Board of County Commissioners (the “County”) announces the availability of funds and
is requesting applications for the consideration of providing local government support for qualified
multifamily housing developments that meet the goals of the County and comply with applicable federal
and state law. The County has adopted the following guidelines to set forth the general requirements and
procedures that apply to the financing of multifamily housing developments. The County may waive
specific provisions of these guidelines where good cause is shown and adequate supporting
documentation is provided. Any waiver is at the sole discretion of the County. In addition, these guidelines
may be amended, revised, repealed, or otherwise altered by the County with or without notice. The
County specifically welcomes requests for proposed alternative resident programs or development/unit
features.
All applications submitted will be reviewed by the County’s Affordable Housing Advisory Committee,
which will make recommendations to the County Manager. The County Manager will then decide whether
or not to support commitment letters and loans providing Local Government Support for developments
applying for FHFC funding and who are seeking the Local Government Area of Opportunity Funding,
pursuant to Resolution No. 2019-207. Submission of an application does not entitle the Applicant to
financing, even if sufficient funds remain.
The County will not consider issuing commitment letters to provide financing for any development unless
the applicant has satisfied the general requirements set forth in these guidelines, submits a timely,
complete, and acceptable application, and complies with all of the procedures and requirements
contained within the County’s application procedures and program guidelines.
The County reserves the right to impose additional requirements on any particular development.
Compliance with these guidelines does not and shall not create any right by an applicant to a commitment
or assurance that the County will provide the requested financing.
The County provides local government support to assist in the construction, rehabilitation, and permanent
financing of multifamily housing developments. The County anticipates sufficient funds to be available to
fund one applicant.
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The maximum amount of the Local Government Support loans that may be applied for pursuant to this
Notice of Fund Availability (NOFA) is the amount that will allow local projects to score the maximum
points or preference for the Local Government Area of Opportunity Funding.
THE COUNTY RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO NOT FUND ANY APPLICANT AT A LEVEL
REQUIRED FOR THE LOCAL GOVERNMENT AREA OF OPPORTUNITY FUNDING. THE COUNTY ALSO
RESERVES THE RIGHT TO MODIFY THIS NOFA PRIOR TO THE APPLICATION DEADLINE BASED UPON
CHANGES TO FHFC RFA OR DECISIONS MADE BY THE COUNTY.
All applications received will compete with each other and be selected by the County for the available
funding. Applications will be reviewed against the criteria listed below and, if selected, each loan will be
subject to the minimum loan terms stated below.
NO CONTACT WITH BOARD OF COUNTY COMMISSIONERS AND/OR AFFORDABLE HOUSING ADVISORY
COMMITTEE (AHAC) MEMBERS AFTER THE DATE THE NOFA IS ISSUED UNTIL THE AHAC MAKES ITS
RECOMMENDATION TO THE COUNTY MANAGER. During this period, no Applicant, Applicant Agent
and/or Representative may contact members of the Collier County Board of County Commissioners
and/or AHAC members concerning their application, any other applicant’s application, the merits of their
firm, or any other aspect of the application and selection process. Violation of this prohibition will result
in the disqualification of the Applicant and all of their developments.
Applications related to FHFC RFA 2025 are due no later than 12:00 PM, Eastern Daylight Time, June 10,
2025. Application requirements may be found at: (https://www.colliercountyhousing.com/developer-
incentives-and-applications/#lgao-funding). For more information, contact Kristi Sonntag, Director, of the
Community and Human Services Division.
SUBMISSIONS:
An original and one (1) hard copy of the entire application, and a PDF of the application to:
Collier County Government
c/o Community and Human Services Division
Kristi Sonntag, Director
3339 East Tamiami Trail, Building H., Suite 213
Naples, FL 34112
Email: Kristi.Sonntag@colliercountyfl.gov
Page 57 of 842
CriteriaMax. PointsFolioApplicant’s development and construction experience (Provide applicant team members with respective experience; preference for greater length of experience) 10 pointsExperience and Quality of development team (Identify development team, provide development team's experience; preference for greater length of experience) 5 pointsApplicant’s management experience, or experience and quality of management company (Identify management team, provide management team's experience; preference for greater length of experience) 5 pointsFinancial feasibility to complete and operate the project (including, but not limited to, cost estimates, cash flows, debt service coverage ratios, the percentage of public monies requested compared to project cost; leveraging of public resources, plan for payment of impact fees, including the requested County loan) 5 pointsApplicant’s performance and/or compliance (including any prior defaults) of any prior loans or contracts with Collier County 8 pointsThe reasonableness of the cost of the development (total development cost and total cost per unit) 10 pointsLevels of affordability offered within the development (Maximum points for greater affordability and and units at multiple %AMI) 7 pointsResident Programs (Monthly events and activites offered for the residents) 5 pointsUnit and Development Amenities (Leisure activities and areas ex: clubhouse with community meeting room, pool, bbq, movie theater, exercise room, exercise equipment) 5 pointsEnergy Efficiency (Applicances within the units are energy efficient) 5 pointsApplications ReceivedSelection Criteria and Value of Points2025 LGAO Application Selection Criteria ScoresPage 58 of 842
Commitment to set-aside at least 10% of the units in the development to an at-risk population (Homeless, Seniors, Special Needs, Etc.) 7 pointsMaximum Economic Impact (Additional community benefits) 3 pointsDevelopments which provide a lift to the neighborhood, and could lead to additional revitalization and/or neighborhood improvement 5 pointsProximity to public transportation, services, and employment 10 pointsLeveraging of County funds with other resources that could be used to meet the FHFC required contribution level, and leveraging of County funds with other funds to achieve greater impact on the community/neighborhood (Include LGAO request amount) 7 pointsAbility to meet FHFC requirements for the contribution to be a part of permanent financing with minimum loan term 3 pointsApplication Total100 points0000Bonus Points for County's Prior Year LGAO (Only eligible to the County's selected application for the immediately prior LGAO cycle when that applicant was not a selected recipient for funding at the state level) 10 pointsTotal Points (Application & Bonus Points)110 points0 0 0 0Page 59 of 842
HUD release: 4/1/2025 2025 Income Limits and Rent Limits
Effective: 4/1/2025 Florida Housing Finance Corporation
Implement on/before: 5/15/2025 Multifamily Rental Programs and CWHIP Homeownership Program
NOTE: Does not pertain to CDBG-DR, HHRP, HOME, NHTF or SHIP
Percentage Income Limit by Number of Persons in Household Rent Limit by Number of Bedrooms in Unit
County (Metro)Category 1 2 3 4 5 6 7 8 9 10 0 1 2 3 4 5
Note: The general hold harmless provisions of IRC Section 142(d)(2)(E) mean that projects with at least one building placed in service on or before the end of the 45-day transition period
for newly-released limits use whichever limits are greater, the current-year limits or the limits in use the preceding year.
Collier County 20%15,920 18,180 20,460 22,720 24,540 26,360 28,180 30,000 31,808 33,626 398 426 511 590 659 727
(Naples-Marco Island MSA)25%19,900 22,725 25,575 28,400 30,675 32,950 35,225 37,500 39,760 42,032 497 532 639 738 823 909
28%22,288 25,452 28,644 31,808 34,356 36,904 39,452 42,000 44,531 47,076 557 596 716 827 922 1,018
30%23,880 27,270 30,690 34,080 36,810 39,540 42,270 45,000 47,712 50,438 597 639 767 886 988 1,090
33%26,268 29,997 33,759 37,488 40,491 43,494 46,497 49,500 52,483 55,482 656 703 843 974 1,087 1,199
35%27,860 31,815 35,805 39,760 42,945 46,130 49,315 52,500 55,664 58,845 696 745 895 1,033 1,153 1,272
40%31,840 36,360 40,920 45,440 49,080 52,720 56,360 60,000 63,616 67,251 796 852 1,023 1,181 1,318 1,454
45%35,820 40,905 46,035 51,120 55,215 59,310 63,405 67,500 71,568 75,658 895 959 1,150 1,329 1,482 1,636
50%39,800 45,450 51,150 56,800 61,350 65,900 70,450 75,000 79,520 84,064 995 1,065 1,278 1,476 1,647 1,818
60%47,760 54,540 61,380 68,160 73,620 79,080 84,540 90,000 95,424 100,877 1,194 1,278 1,534 1,772 1,977 2,181
70%55,720 63,630 71,610 79,520 85,890 92,260 98,630 105,000 111,328 117,690 1,393 1,491 1,790 2,067 2,306 2,545
Median:113,600 80%63,680 72,720 81,840 90,880 98,160 105,440 112,720 120,000 127,232 134,502 1,592 1,705 2,046 2,363 2,636 2,909
90%71,640 81,810 92,070 102,240 110,430 118,620 126,810 135,000 143,136 151,315 1,791 1,918 2,301 2,658 2,965 3,272
100%79,600 90,900 102,300 113,600 122,700 131,800 140,900 150,000 159,040 168,128 1,990 2,131 2,557 2,953 3,295 3,636
110%87,560 99,990 112,530 124,960 134,970 144,980 154,990 165,000 174,944 184,941 2,189 2,344 2,813 3,249 3,624 3,999
120%95,520 109,080 122,760 136,320 147,240 158,160 169,080 180,000 190,848 201,754 2,388 2,557 3,069 3,544 3,954 4,363
140%111,440 127,260 143,220 159,040 171,780 184,520 197,260 210,000 222,656 235,379 2,786 2,983 3,580 4,135 4,613 5,090
HERA Special Limits 25% - HS 20,075 22,925 25,800 28,650 30,950 33,250 35,550 37,825 40,110 42,402 501 537 645 745 831 917
per Section 142(d)(2)(E)28% - HS 22,484 25,676 28,896 32,088 34,664 37,240 39,816 42,364 44,923 47,490 562 602 722 834 931 1,027
30% - HS 24,090 27,510 30,960 34,380 37,140 39,900 42,660 45,390 48,132 50,882 602 645 774 894 997 1,100
For use by projects that 33% - HS 26,499 30,261 34,056 37,818 40,854 43,890 46,926 49,929 52,945 55,971 662 709 851 983 1,097 1,210
placed in service at least 35% - HS 28,105 32,095 36,120 40,110 43,330 46,550 49,770 52,955 56,154 59,363 702 752 903 1,043 1,163 1,284
one building on or 40% - HS 32,120 36,680 41,280 45,840 49,520 53,200 56,880 60,520 64,176 67,843 803 860 1,032 1,192 1,330 1,467
before 12/31/2008 45% - HS 36,135 41,265 46,440 51,570 55,710 59,850 63,990 68,085 72,198 76,324 903 967 1,161 1,341 1,496 1,650
50% - HS 40,150 45,850 51,600 57,300 61,900 66,500 71,100 75,650 80,220 84,804 1,003 1,075 1,290 1,490 1,662 1,834
60% - HS 48,180 55,020 61,920 68,760 74,280 79,800 85,320 90,780 96,264 101,765 1,204 1,290 1,548 1,788 1,995 2,201
80% - HS 64,240 73,360 82,560 91,680 99,040 106,400 113,760 121,040 128,352 135,686 1,606 1,720 2,064 2,384 2,660 2,935
Florida Housing Finance Corporation (FHFC) income and rent limits are based upon figures provided by the United States Department of Housing and Urban Development (HUD) and are subject to change.
Updated schedules will be provided when changes occur.Page 60 of 842
2024 Collier County SHIP Housing Incentives Strategy Report
Page 1 of 16
SHIP Affordable Housing Incentive Strategies Report
Affordable Housing Advisory Committee Report to Board of County Commissioners
SUBMITTED TO: ROB DEARDUFF, FLORIDA HOUSING FINANCE CORPORATION
THROUGH: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
DATE SUBMITTED: 11/19/2024
PREPARED BY: HOUSING POLICY & ECONOMIC DEVELOPMENT DIVISION,
COMMUNITY & HUMAN SERVICES DIVISION, and AHAC
BACKGROUND
As a recipient of State Housing Initiatives Partnership funds, Collier County established an
Affordable Housing Advisory Committee in 1993 (Ord 93-19) and repealed and replaced early
versions with Ord. 2013-27, further amended by Ord.2020-27 as required by the Florida Statutes,
Sec. 420.9076.
The AHAC is responsible for reviewing and evaluating local plans, policies, procedures, land
development regulations, the Comprehensive Plan, and other aspects of County housing activities
that affect the production of affordable housing. Further, the AHAC is specifically directed by the
SHIP Statute to consider and evaluate the implementation of the incentives set out in Florida
Statutes, Sec. 420.9076 (4)(a)-(k).
Based on the AHAC evaluation, it may recommend to local government that it make modifications
of, exceptions to, or creation of new plans, policies, procedures, and other governing vehicles
which would encourage production of affordable housing.
As approved by the Collier County Board of County Commissioners, the recommendations are
then used to amend the Local Housing Assistance Plan (LHAP) and the local Comprehensive Plan
Housing Element.
COMMITTEE COMPOSITION
The Board of County Commission appointed or re-appointed members to the Committee via
Ordinance 2020-27 recognizing the requirement to appoint an elected official and, on January 09,
2024, appointed a new Board Elected Official. Florida Statutes, Sec. 420.9076 (2) lists the
categories from which committee members must be selected. Each AHAC must have a locally
elected official from the county or municipality participating in the SHIP program. The locally
elected official must be from the County or municipality. The elected official will count as a
member of the AHAC for purposes of meeting the number of members requirements.
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2024 Collier County SHIP Housing Incentives Strategy Report
Page 2 of 16
There must be at least eight committee members but no more than eleven committee members
with representation from at least six of the following categories:
(a) A citizen who is actively engaged in the residential home-building industry in connection with
affordable housing.
(b) A citizen who is actively engaged in the banking or mortgage banking industry in connection
with affordable housing.
(c) A citizen who is a representative of those areas of labor actively engaged in homebuilding in
connection with affordable housing.
(d) A citizen who is actively engaged as an advocate for low-income persons in connection with
affordable housing.
(e) A citizen who is actively engaged as a for-profit provider of affordable housing.
(f) A citizen who is actively engaged as a not-for-profit provider of affordable housing.
(g) A citizen who is actively engaged as a real estate professional in connection with affordable
housing.
(h) A citizen who actively serves on the local planning agency pursuant to s. 163.3174. If the
local planning agency is comprised of the governing board of the county or municipality, the
governing board may appoint a designee who is knowledgeable in the local planning process.
(i) A citizen who resides within the jurisdiction of the local governing body making the
appointments.
(j) A citizen who represents employers within the jurisdiction.
(k) A citizen who represents essential services personnel, as defined in the local housing
assistance plan.
The currently appointed AHAC Committee members are included here, along with their
category affiliation.
Category Represented
Name
Date
Appointed
Term
Expiration
Date
(*proposed)
Elected Official Chris Hall 12/13/2022 01/01/2025
Residential Home Building Industry Stephen J. Hruby 11/08/2022 10/01/2025
Non-Profit Provider Arol I. Buntzman 11/12/2024 10/01/2026*
Labor Engaged in Home Building Gary Hains 11/12/2024 10/01/2026*
Banking Industry Catherine Myers 11/12/2024 10/01/2026*
Employers within Jurisdiction Andrew Terhune 06/13/2023 10/01/2026
Essential Services Personnel Todd Lyon 11/08/2022 10/01/2025
Member of the Collier County Planning Commission Paul Shea 03/08/2022 10/01/2026
Resident in Jurisdiction Mary Waller 10/27/2020 10/01/2026
Employers within Jurisdiction Hannah Roberts 06/13/2023 10/01/2026
Real Estate Professional Jennifer L. Faron 11/08/2022 10/01/2025
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2024 Collier County SHIP Housing Incentives Strategy Report
Page 3 of 16
AFFORDABLE HOUSING RECOMMENDATIONS
The AHAC has reviewed local government plans, policies, procedures, ordinances, regulations,
statutes, and the comprehensive plan, among other documents applicable to affordable housing,
to evaluate their impacts on affordable housing.
Further, the AHAC has specifically considered and evaluated the strategies set out in Florida
Statutes, Sec. 420.9076 (4)(a)-(k).
Based on this review and evaluation, the AHAC has formulated recommendations to the County
Commission that it incorporate into its housing strategy certain changes designed to encourage
production of affordable housing.
The AHAC, from its review, consideration, evaluation, and recommendations, drafts and
submits this report to the County Commission and to Florida Housing Finance Corporation,
which details the scope of its work and the resulting following recommendations.
(Recommendations continue on next page, this space intentionally left blank)
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2024 Collier County SHIP Housing Incentives Strategy Report
Page 4 of 16
RECOMMENDATION 1: Complete the Implementation and Adoption of four (4)
Regulatory Relief Initiatives previously approved through the Collier County Community
Housing Plan. These Initiatives include:
(a) Permit housing that is affordable by right in Commercial Zoning Districts
(b) Increase allowed density in Activity Centers from 16 units per acre (upa) to 25 upa
(c) For any properties designated as Strategic Opportunity Sites (SOS), allow a
maximum density of 25 upa
(d) Establish a policy to encourage higher density along transit corridors.
Meeting Synopsis:
The County's Affordable Housing Advisory Committee (AHAC) has reviewed various staff and
consultant (Johnson Engineering) recommendations to provide development standards and
regulatory relief for housing that is affordable.
AHAC has reviewed and provided input on four (4) additional initiatives during 2024 and will
continue to work to bring forward development standards providing regulatory relief for housing
that is affordable. At their May 2024 AHAC meeting, the text for the implementing Land
Development Code (LDC) amendments was presented to the committee, and the committee voted
to recommend that the Board of County Commissioners approve the LDC Amendments.
Existing Strategy:
Growth Management Plan amendments authorizing these four (4) initiatives were recommended
for adoption by the Collier County Planning Commission on October 5, 2023, and the Board of
County Commissioners (BCC) on November 14, 2023.
Schedule for Implementation:
The Zoning Division is finalizing the LDC amendments to implement the recommended changes
in these four (4) initiatives and preparing for hearings before the CCPC and BCC scheduled for
Fall 2024.
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2024 Collier County SHIP Housing Incentives Strategy Report
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RECOMMENDATION 2: AHAC recommends the creation of a transparent, publicly
accessible database with a corresponding GIS map to identify, locate, and provide data
and long-term monitoring results for all housing that is affordable in Collier County.
Meeting Synopsis:
The County's Affordable Housing Advisory Committee (AHAC) determined a need for citizens
to locate information pertaining to affordable housing within Collier County.
Existing Strategy:
In 2023, staff compiled and verified a database of active, affordable housing commitments in
Collier County. The database’s information was then presented in a visually concise map to the
AHAC at their August meeting. Feedback from the AHAC meeting was incorporated and the final
map brought back to AHAC. The map was then published on the county’s website. The
Community and Human Services Division has also created a website repository for all affordable
housing compliance monitoring reports, making them available for public viewing.
Figure 1: The traffic count from 01/01/2024 through 09/25/2024 for the Affordable Housing webpage
map located on the Housing Policy and Economic Development webpage. This information was pulled
from the County’s traffic recording system Google Analytics.
Schedule for Implementation:
Ongoing annual review and update of the database’s information with corresponding updates to
the affordable housing map is completed by staff. Planned enhancements to the map include
more descriptive status symbols and identifying renter or owner-occupied developments.
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2024 Collier County SHIP Housing Incentives Strategy Report
Page 6 of 16
RECOMMENDATION 3: AHAC should take a greater role in advocacy efforts to review,
recommend, and promote affordable housing issues and developments.
Meeting Synopsis:
The County's Affordable Housing Advisory Committee (AHAC) determined a need to identify
areas of action to facilitate the production of more housing that is affordable.
Existing Strategy:
AHAC formed a sub-committee to create the work plan with assistance from staff. 2023, the work
plan was completed and brought to the AHAC for review and approval. That work plan has now
been incorporated as a recommendation in the Housing Incentives Strategies Report.
Schedule for Implementation:
The AHAC will continue to review, recommend, and promote the development of affordable
housing. On-going discussion in 2024 to include reviewing the SHIP Incentives Report at AHAC’s
every other monthly meeting to assess progress and update associated timelines.
On at least an annual basis, the AHAC will Review:
• The number of newly completed and ongoing projects to build affordable housing in order
to incorporate those findings into its future work plans.
• Data containing the number of available and occupied rental units (“the Apartment
Survey).
• The impact of affordable housing projects that have been completed and are open; and
make recommendations on any changes to plans, programs, policies, and incentives that
will improve outcomes in the future.
• Data containing the annual monitoring for developer compliance to commitments as
completed by CHS and PUD Monitoring.
AHAC will Recommend:
• Approval of developments containing an affordable housing component in Collier County.
• The consideration of policies, plans, and programs by the BCC that will encourage the
development and preservation of affordable housing. Such as:
o The Housing Plan LDC amendments.
o RFMUD Affordable Housing Density Bonus program.
o Accessory Dwelling Units (ADUs) Pilot Program
• Proposed developer presentations to AHAC prior to CCPC and BCC.
• LGAO Applicants to present proposals to AHAC
• Consideration of impact fee policies to promote the construction of more affordable units.
• Consideration of changes to parking requirements for affordable housing developments as
directed by State Statute.
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2024 Collier County SHIP Housing Incentives Strategy Report
Page 7 of 16
AHAC will Promote:
• Substantive and impactful policies and programs through active participation and
engagement in the community.
• Community support for projects under consideration at Neighborhood Information
Meetings (NIMS). AHAC members will volunteer to participate in NIMS for
developments related to affordable housing and report back to AHAC at the next meeting.
• The understanding of local employer needs and plans for workforce housing.
• The construction of workforce housing by positively engaging developers in official and
unofficial communications.
RECOMMENDATION 4: AHAC recommends staff identify challenges and opportunities presented
through the State’s recent adoption of the Live Local Act (LLA), including:
a) Identify parcels eligible for use with the Live Local Act.
b) Identification of areas where the Live Local Act conflicts with existing local development
regulations.
c) Develop solutions to resolve these conflicts while ensuring all life/safety regulations are
appropriately adhered to and unintended detrimental impact is mitigated.
d) Participate in a public forum with all stakeholders to brainstorm the issues developers are
facing in relation to implementing the Live Local Act.
Meeting Synopsis:
The County's Affordable Housing Advisory Committee (AHAC) determined a need to evaluate
the Live Local Act (LLA). LLA offers certain benefits regarding maximum densities and building
height within a one-mile radius to developers who agree to abide by the 30-year affordability
restriction and other requirements. The AHAC generated the need and outsourced the coordination
and hosting of a meeting to discuss the impact and practicality of the LLA and identify obstacles
existing in the present codes that will hinder its use.
Existing Strategy:
Staff compiled and provided AHAC a map of all properties zoned commercial, industrial, and
mixed-use eligible for LLA. The County and AHAC identified areas where the LLA benefits
cannot be maximized due to conflicts with other existing regulations such as parking, setback, and
street requirements.
Schedule for Implementation:
AHAC supported a forum with all stakeholders to brainstorm the issues developers are facing in
relation to implementing the LLA; a follow-up discussion ensued to further discuss the problem
areas. On-going discussion in 2024 to include reviewing and evaluating proposed regulations and
developments on a rolling and as-requested basis.
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2024 Collier County SHIP Housing Incentives Strategy Report
Page 8 of 16
On April 9, 2024, the BCC issued guidance to staff to interpret the Live Local Act to exclude
PUDs from consideration. The result of this action is twofold, 1) Live Local may no longer be
used within commercial areas of PUDs, and 2) the maximum density and height allowed through
Live Local will be limited to only those allowed by straight zoning districts in the Land
Development Code (i.e.: 25 units per acre maximum). The result of this guidance has made the
Live Local Act less useful in Collier County.
RECOMMENDATION 5: Continued Use of Collier County Surtax Funding for Affordable
Housing Land Acquisition, including the development and use of evaluation criteria for
reviewing parcels and proposed developments.
Meeting Synopsis:
Ordinance 2018-21 imposed a countywide local government infrastructure surtax of one percent
(1%) (commonly referred to as the Surtax funds) collected on all authorized taxable transactions
occurring within Collier County as authorized by F.S. 212.055(2). The tax was authorized to begin
on January 1, 2019, and continue for seven years or until the aggregate funds of $490 million were
collected, whichever was sooner. Of the aggregate $490 million, $20 million is allocated for land
acquisition specifically for affordable housing—the Surtax Fund sunset on December 31, 2023.
In 2023, oversight of the Surtax Affordable Housing Land Acquisition program was transferred to
the Growth Management and Community Development Department, and the Department engaged
with AHAC to establish a process to expend the funding, including creation of review criteria. The
Board of County Commissioners adopted these evaluation criteria in March 2023 and the
Infrastructure Surtax Citizen Oversight Committee in June 2023. An application for developers to
request surtax funds was created and released in September 2023 by the Housing Policy and
Economic Development Division.
Existing Strategy:
Evaluation criteria for acquiring lands using surtax funds were created in 2023 and are comprised
of a multifaceted approach, including reviews conducted by multiple divisions within the Growth
Management and Community Development Department. On an as-needed basis, proposed
acquisitions are brought to the AHAC and the Surtax Oversight Committee for recommendations
and ultimately to the Board of County Commissioners for approval.
Schedule for Implementation:
At this point, land acquisition for two developments has been approved to use surtax funds:
Renaissance Hall, located on the Golden Gate Golf Course ($4,605,900), and Ekos on Collier
($3,750,000). The BCC has also directed that an additional $5,950,000 in surtax funding be used
in the Williams property Acquisition. Approximately $5,700,000 remains available for allocation
in the land acquisition fund.
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2024 Collier County SHIP Housing Incentives Strategy Report
Page 9 of 16
Statute Required Incentives
The AHAC has reviewed, considered, and evaluated the following required strategies provided in
the SHIP Statute at Florida Statutes, Sec. 420.9076(4):
(a) The processing of approvals of development orders or permits for affordable housing projects
is expedited to a greater degree than other projects, as provided in s. 163.3177(6)(f)3.
(b) All allowable fee waivers provided for the development or construction of affordable housing.
(c) The allowance of flexibility in densities for affordable housing.
(d) The reservation of infrastructure capacity for housing for very low-income, low-income, and
moderate-income persons.
(e) Affordable accessory residential units.
(f) The reduction of parking and setback requirements for affordable housing.
(g) The allowance of flexible lot configurations, including zero-lot-line configurations for
affordable housing.
(h) The modification of street requirements for affordable housing.
(i) The establishment of a process by which a local government considers, before adoption, policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing.
(j) Preparing a printed inventory of locally owned public lands suitable for affordable housing.
(k) The support of development near transportation hubs, major employment centers, and
mixed-use developments.
420.9076(4)(a)
EXPEDITED PERMITTING
Meeting Synopsis:
No meetings.
Existing Strategy:
Collier County has had an Expedited/Fast-Track permitting process in place for housing that is
affordable since 2007. Based upon AHAC and community stakeholders' input during the
development of the 2017 Community Housing Plan (CHP), the Expedited Permitting process was
reviewed and updated with the adoption of Resolution 2018-40 on February 27, 2018.
Schedule for Implementation:
Resolution 2018-40 has been implemented, and affordable housing developers have successfully
utilized the improved process.
AHAC Recommendation:
Existing programs and policies are working as intended; no changes are recommended at
the present time. AHAC encourages State and Federal Government partners to
implement expedited review permitting processes and the BCC to make expedited review
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2024 Collier County SHIP Housing Incentives Strategy Report
Page 10 of 16
permitting processes a legislative priority.
420.9076(4)(b)
ALLOWABLE FEE WAIVERS
Meeting Synopsis:
Impact Fees have been discussed during various meetings since 2023. Some members were aware
of communities that base impact fees on the square footage of each home, thereby having a lower
impact fee for housing that is affordable. Other members indicated that discounting impact fees
would be helpful for a reduction of the total cost of homes that are affordable. However,
eliminating impact fees can lead to a structure that does not provide enough revenue to provide the
basic infrastructure necessary to cover the cost of streets, water, sewer, etc. Some believe that
homes that are affordable should contribute to the infrastructure of the community. Other members
have noted that the current Impact Fee Deferral system does not work well for affordable rental
housing development and should be modified to better match the financing timeframes of Low-
Income Housing Tax Credit (LIHTC) properties and other affordable rental developments.
Existing Strategy:
Collier County has had an Impact Fee Deferral program in place for housing that is affordable
since the late 1980s. Based upon recommendations from the 2017 Community Housing Plan, the
Impact Fees Deferral program was modified and improved via Ordinance #2018-28 on February
27, 2018. The Impact Fee Deferral program granted 24 rental deferrals in Fiscal Year (FY) 2024
year to date and 0 rental deferrals in FY 2023. Deferrals are available on a first-come, first-served
basis. The aggregate amount of impact fee rental deferrals granted shall be limited, in total, to 225
units per fiscal year with no rollover of units. For FY 2023, Collier County issued Impact Fee
Deferrals for 86 ownership units totaling $1,071,536.97. For FY 2024, Collier County issued
Impact Fee Deferrals for 88 ownership units totaling $1,123,104.33.
Schedule for Implementation:
Collier County Board of Commissioners approved the use of grant funds as an alternative funding
source to support developments principally financed with Low-Income Housing Tax Credit
Projects, Tax Exempt Bond Financing, or other qualifying affordable housing developments. In
2024, AHAC will consider rental housing developer needs related to the existing Impact Fee
Deferral program.
AHAC Recommendation:
In 2025, explore an Impact Fee Deferral Pilot Program utilizing alternative funding sources
to support long-term affordable rental housing.
Further, it is recommended that the County should review opportunities to increase the
length of the deferral period available for rental housing to align with various financing
sources.
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2024 Collier County SHIP Housing Incentives Strategy Report
Page 11 of 16
420.9076(4)(c)
FLEXIBLE DENSITIES
Meeting Synopsis:
AHAC has discussed densities since 2023. Many in Collier County have come to the realization
that increased density is needed to produce more housing that is affordable The Collier County Land
Development Code has recently been amended to allow for greater density bonuses for affordable
developments. Continued implementation of the Housing Plan recommendations will explore
additional density opportunities.
Existing Strategy:
Throughout most of Collier County, residential zoning has a base density of 4 units per acre.
Collier County has had an affordable housing density bonus program since 1990 Ord.#90-89. As
a result of the 2017 Community Housing Plan and AHAC, Collier County amended its Land
Development Code to increase density for units that are affordable through Ordinance #2019-02,
adopted on February 12, 2019. The Affordable Housing Density Bonus (AHDB) program now
provides up to 16 units per acre.
Applicants who have requested additional density above base residential zoning and require a
Growth Management Plan Amendment have been recommended by the Collier County Planning
Commission and required by the Board of County Commissioners to set aside a minimum number
of units in proposed developments that will be made affordable for a minimum of 30 years to
households earning at or below 120% of the Area Median Income. This process has allowed for
the approval of several hundred new affordable units this year alone.
Schedule for Implementation:
The proposed increases in density were heard by the Planning Commission and the BCC in the
fourth quarter of 2023 and throughout 2024 on a requested basis.
AHAC Recommendation:
Recommend approval of the proposed regulatory relief initiatives to increase density in
Collier County for Housing that is Affordable.
AHAC further supports CPCC and Board policy that negotiates a public good for those
applicants requesting density with a minimum of 30% of units developed to be provided to
households at or below 100% of the Area Median Income (with emphasis on rental units at
the 50% and 80%AMI levels) and encourages the development of a written policy
formalizing this policy.
Page 71 of 842
2024 Collier County SHIP Housing Incentives Strategy Report
Page 12 of 16
420.9076(4)(d)
RESERVATION OF INFRASTRUCTURE CAPACITY
Meeting Synopsis:
Collier County does not reserve infrastructure capacity. Collier County is not experiencing any
capacity limitations.
Existing Strategy:
Collier County does not need to reserve infrastructure capacity at this time.
Implementation:
None needed.
AHAC Recommendation:
No changes are recommended at the present time.
420.9076(4)(e)
PARKING AND SETBACK REQUIREMENTS
Meeting Synopsis:
AHAC has regularly discussed these topics since the development of the Community Housing Plan
(CHP) in 2017.
Existing Strategy:
The County currently has two processes where developers can request a reduction of parking and
setback requirements. Deviations from existing requirements can be requested through the Site
Development Plan (SDP) process or the rezoning to Planned Unit Development (PUD) process.
Recommendations to modify some setback requirements for housing that is affordable were
included in Ordinance 2021-05 amending the Land Development Code, adopted February 9, 2021.
Schedule for Implementation:
On-going discussion in 2024. Reduction of parking and setback requirements are on an as-
requested basis.
AHAC Recommendation:
In 2025, the AHAC will recommend practical application of The Live Local Act (LLA) for
parcels not meeting parking and setback requirements. LLA may require additional parking
and setback relief for developments in compliance with State Statute.
420.9076(4)(f)
AFFORDABLE ACCESSORY DWELLING UNITS
Meeting Synopsis:
Accessory Dwelling Units (ADUs) have been discussed at multiple meetings since 2023 by AHAC
Page 72 of 842
2024 Collier County SHIP Housing Incentives Strategy Report
Page 13 of 16
members. In 2023 County staff was directed by the Board of County Commissioners to determine
the feasibility of ADUs in the Urban Golden Gate Estates area. County staff are evaluating this
option, developing a program to seek input from area residents to see if residents are interested in
building ADUs on their property, and determining how the ADUs would be incorporated into the
LDC and monitored for affordability. AHAC and County staff discussed whether having income
restrictions on the ADUs would be a benefit or hindrance to the program. County staff conducted
a pilot study of residents seeking feedback about ADUs, and the collected information will be used
to develop a recommendation for ADUs. The County’s Land Development Code (LDC)
Amendment staff has drafted amendments to allow for renting guest houses for properties that are
zoned Estates and located west of Collier Boulevard. This modification will allow for properties
that are homesteaded to participate in the Pilot program, which is proposed to run for 5 years from
the date the Board approves the LDC amendments. Additionally, Staff will bring to the Board
annually a report on the participation of the program to inform of its utilization and determination
as to the possibility of transitioning the Pilot program to a permanent program. Currently, there
are 3,558 parcels zoned Estates within the Urban Area, of which 400 have guest houses. If adopted
by the Board as a Pilot Program, this would include existing ADUs and newly built ADUs.
Existing Strategy: Collier County does not allow for the rental of Accessory Dwelling Units (ADUs) LDC Section 5. 03.03. The County only allows construction of "Guesthouses" on large single-family lots of with a minimum lot size of one acre or more. Furthermore, the LDC prohibits the rental of any guesthouse as they are to be used for personal reasons only.
Schedule for Implementation:
On-going discussion in 2024.
AHAC Recommendation:
AHAC supports the efforts of County Staff and the Board of County Commissions (BCC) to
determine whether ADUs would be accepted by residents and a meaningful source of
additional attainable housing or a source that frees up other attainable housing units. AHAC
encourages the BCC to fully explore this option and recognizes that feedback from residents
is an important part of this issue. AHAC recommends allowing ADUs to be built on Urban
Golden Gate Estates properties and recommends the use of ADUs as affordable housing to
increase the affordable housing rental inventory on a trial period to determine and assess
feasibility.
420.9076(4)(g)
FLEXIBLE LOT CONFIGURATIONS
Meeting Synopsis:
This strategy was discussed extensively with the adoption of the 2017 Community Housing Plan.
At that time, it was recommended that the County consider adopting some elements of "smart
code". Through this process, amendments were made to the Land Development Code in February
2021 with the adoption of Ord. 2021-05.
Existing Strategy:
Page 73 of 842
2024 Collier County SHIP Housing Incentives Strategy Report
Page 14 of 16
Zero lot line development is allowed in Planned Unit Development (PUDs) and as a Conditional
Use under Cluster Housing. Recently Ordinance 2021-05 clarified that Cluster Development of
affordable housing is allowed by right in the RMF-6 Zoning District.
Schedule for Implementation:
None
AHAC Recommendation:
No changes are recommended at the present time.
420.9076(4)(h)
MODIFICATION OF STREET REQUIREMENTS
Meeting Synopsis:
As part of the regulatory relief proposed in the 2017 Community Housing Plan, modifications to
street requirements have been discussed in 2019-2021.
Existing Strategy:
Historically, street requirements for affordable housing developments are considered, on a case-
by-case basis, as deviations in the PUD approval process or variances in the conventional zoning
process. In February 2021, Ordinance 2021-05 added a new section to the LDC to allow design
deviations for housing that is affordable, including modifications to internal, privately maintained
roadways and sidewalks.
Schedule for Implementation:
On-going discussion in 2024. Modifications of street requirements are approved on an as-needed
basis.
AHAC Recommendation:
In 2025, AHAC recommends evaluating the effectiveness of Ordinance 2021-05.
420.9076(4)(i)
PROCESS OF ONGOING REVIEW
Meeting Synopsis:
Previous AHAC discussions on this topic included the following comments: Ongoing
implementation and enforcement for new processes and Land Development Code (LDC)
regulation require permanent, dedicated County staff. Any changes made will require monitoring
to ensure the rules continue to be followed. Monitoring uses resources both from the County and
the developers. In addition, educating and promoting a favorable environment for developers and
builders will draw more partners into working in the County. Closer coordination between growth
management planning, zoning, development review, housing policy, and economic development,
and the Community & Human Services (CHS) is critical for the success of process changes and
approval for developments. New coordination created will reduce or eliminate many of the
Page 74 of 842
2024 Collier County SHIP Housing Incentives Strategy Report
Page 15 of 16
repeated review cycles.
Existing Strategy:
Housing Policy responsibilities previously located within the Community & Human Services
(CHS) Division under the Public Services Department were transitioned and elevated as its own
division under the Growth Management Community Development Department (GMCDD) as the
Housing Policy and Economic Development Division. This move enables closer collaboration and
communication between housing policy staff and planners within areas such as zoning,
comprehensive planning, and coastal resiliency. Long-term monitoring will remain with CHS, and
CHS will remain included in and privy to affordable housing commitments drafted by the Housing
Policy and Economic Development Division.
Schedule for Implementation:
Ongoing
AHAC Recommendation:
No changes are recommended at the present time.
420.9076(4)(j)
PUBLIC LAND INVENTORY
Meeting Synopsis:
Since 2018, AHAC meetings have regularly discussed public lands. In 2023, AHAC members
reviewed the list of County-Owned lands.
Existing Strategy:
The County's Real Property office maintains a list of county-owned properties as required by F.S.
125.379. This inventory is circulated to county departments for review and determination of
whether properties are needed to implement department operations or program mandates.
Available properties are presented to the Board of County Commissioners (BCC) and advertised
for sale in the local newspaper.
The BCC adopted Resolution 2018-39 to encourage the co-location of public facilities and housing
that is affordable. In 2018, two County-owned parcels known as Bembridge and Manatee were
part of a Request for Information (RFI) process, with multiple developers submitting proposals for
the development of the 5-acre Bembridge site. In 2019, through an Invitation to Negotiate (ITN)
process, the County selected McDowell Housing Partners to construct 82 units of affordable rental
housing. This project, called Ekos, on Santa Barbara, opened in 2024 and is governed by a
Developer Agreement with a 99-year ground lease ensuring long term affordability. During 2018-
2019, the BCC decided not to move forward with proposals for the Manatee site.
In 2019, the County acquired the defunct Golden Gate Golf Course. In 2020 through an ITN
process, the County selected Rural Neighborhoods, Inc. to develop a portion (25+/- acres) of this
publicly owned property for affordable rental housing for seniors, veterans, and Essential Service
Page 75 of 842
2024 Collier County SHIP Housing Incentives Strategy Report
Page 16 of 16
Personnel (ESP). A long-term land lease and developer agreement have been executed, and
construction on 252 apartments and 120 senior housing units is expected to commence in the
summer of 2024.
Schedule for Implementation:
An annual review of county-owned lands list has been implemented. Promotion and advertisement
of the county-owned lands eligible for construction of affordable housing to developers is ongoing.
Use of surtax funding to purchase new properties will assist in adding to the inventory.
AHAC Recommendation:
While an annual review of and frequent discussion about the county-owned lands list
occurred in 2023 and 2024, AHAC recommends formalizing a process to include an
evaluation of the properties by the County’s Real Property Division for the annual review of
the county-owned surplus lands eligible for constructing affordable housing. AHAC also
recommends promoting and advertising the surplus public inventory lands eligible for
constructing affordable housing.
420.9076(4)(k)
SUPPORT OF DEVELOPMENT NEAR TRANSPORTATION HUBS
Meeting Synopsis:
Discussed during the spring and summer of 2021 as part of the Community Housing Plan,
regulatory relief, and development standards modifications to the Land Development Code (LDC).
Existing Strategy:
This issue was reviewed during the development of the 2017 Community Housing Plan (CHP)
with recommendations for the County to consider integration of bus routes (Collier Area Transit,
CAT) with affordable housing locations, development of Strategic Opportunity Sites, and higher
housing densities in existing Activity Centers.
Schedule for Implementation:
This recommendation was heard and recommended for adoption by the Planning Commission on
October 5, 2023, and scheduled for presentation to the Board of County Commissioners during the
fourth quarter of 2023. Implementing LDC amendments is scheduled for CCPC and BCC public
hearings in the Fall of 2024.
AHAC Recommendation:
Approve the recommended LDC Amendments to prioritize higher density along transit
corridors ranging from 13 units per acre (upa) to 25 upa.
Page 76 of 842
11/12/2024
Item # 16.A.8
ID# 2024-1596
Executive Summary
Recommendation to approve and submit the 2024 State Housing Initiatives Partnership Incentive Strategies Report to
Florida Housing Finance Corporation and Florida Housing Coalition as required by section 420.9076, Florida Statutes.
OBJECTIVE: To comply with section 420.9076, Florida Statutes, and provide an annual report that evaluates the
implementation of affordable housing incentives in eleven (11) required areas.
CONSIDERATIONS:
Collier County, as a State Housing Initiatives Partnership (SHIP) program recipient, must prepare an annual
report that reviews established policies, procedures, ordinances, land development regulations, and the local
Comprehensive Plan. At a minimum, the Affordable Housing Advisory Committee (AHAC) shall submit a
report to the local governing body, the Board of County Commissioners (BCC), that evaluates the
implementation of the eleven (11) required affordable housing incentives required by statute. This required
incentives strategies report had been due to the Florida Housing Finance Corporation (FHFC) every three (3)
years until, in 2020, House Bill 1339 made this an annual requirement of the SHIP program.
The eleven (11) incentives required to be reviewed are:
1. Expedited Permitting (for housing that is affordable)
2. Modification of Impact Fees
3. Flexible Densities
4. Reservation of Infrastructure Capacity
5. Parking and Setback Requirements
6. Accessory Dwelling Units
7. Flexible Lot Configurations
8. Modification of Street Requirements
9. Process of Ongoing Review (provisions that could impact housing affordability)
10. Public Land Inventory and
11. Development Near Transportation.
In addition to the required incentives, AHAC has made recommendations on the following five (5) additional
topics:
1. AHAC requests the completion of the implementation and adoption of four (4) regulatory relief initiatives
previously approved through the Collier County Community Housing Plan.
2. AHAC recommends the creation of a transparent publicly accessible database with a corresponding GIS
map to identify, locate, and provide data and long-term monitoring results for all housing that is affordable
in Collier County.
3. AHAC desires to take a greater role in advocacy efforts to review, recommend, and promote affordable
housing issues and developments.
4. AHAC requests that staff identify challenges and opportunities presented through the State's recent adoption
of the Live Local Act (LLA).
5. AHAC recommends the continued use of Collier County Surtax funding for affordable housing land
acquisition, including the development and use of evaluation criteria for reviewing parcels and proposed
developments.
The AHAC may also explore and report on other incentives as directed by the Board.
The AHAC meets every other month and has reviewed the above-noted incentives. Some of these eleven (11)
Page 77 of 842
11/12/2024
Item # 16.A.8
ID# 2024-1596
required areas of incentives were addressed through the 2017 Collier County Community Housing Plan
(CHP). Based upon the recommendations in the 2017 CHP, some of the required incentives are either recently
completed or are in the process of being implemented or have already been reviewed and evaluated by County
staff, the Development Services Advisory Committee (DSAC), and forwarded to the Planning Commission
and the BCC for review and approval.
A draft SHIP Incentives Strategies Report was presented at AHAC's public hearings on July 16 and
September 19, 2024. On October 3, 2024, the Naples Daily News published an advertisement and summary of
the report with notice of the November 19, 2024, AHAC meeting. In addition, the report was also made
available on the Collier County website.
No public comments were received at the public hearing or before the meeting. The SHIP Incentives
Strategies Report was reviewed and discussed by AHAC on September 19, 2024, to forward the report to the
BCC for acceptance and submittal to FHFC.
The BCC has ninety (90) days from the submittal of the SHIP Incentives Report to act on the
recommendations and amend the Local Housing Assistance Plan (LHAP) to include any new or amended
incentives.
FISCAL IMPACT: Costs associated with the SHIP Incentives Strategies Report, including advertising fees, in addition
to staff time and resources for compiling the report. Execution of this report will ensure that Collier County continues to
participate in and receive future funding for the SHIP Program, which is budgeted in the SHIP Fund (1053). The SHIP
Incentives Strategies Report outlined in the report may assist in the development of future housing initiatives, which
may budgeted in the Affordable Workforce Housing Fund (1075).
GROWTH MANAGEMENT IMPACT: The State Housing Initiatives Partnership (SHIP) program assists Collier
County in addressing goals and objectives in the Housing Element of the Growth Management Plan.
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board
approval. –DDP
RECOMMENDATIONS: To approve and submit the 2024 State Housing Initiatives Partnership Incentive Strategies
Report to Florida Housing Finance Corporation and Florida Housing Coalition as required by section 420.9076, Florida
Statutes.
PREPARED BY: Sarah Harrington, Planning Manager, Housing Policy and Economic Development Division
ATTACHMENTS:
1. 2024 State Housing Initiatives Partnership Incentive Strategies Report 100724-1134
Page 78 of 842
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All classified ads are subject to the applicable rate card, copies of which are available from our Advertising Dept. All ads are subject to approval before publication. Naples Daily News reserves the
right to edit, refuse, reject, classify or cancel any ad at any time. Errors must be reported in the first day of publication. Naples Daily News shall not be liable for any loss or expense that results from
an error in or omission of an advertisement. No refunds for early cancellation of order.
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IN THE CIRCUIT COURT FOR
COLLLIER COUNTY, FLORIDA
PROBATE DIVISION
File No. 2024 CP 2787
IN RE: Estate of Faith H. Manno
NOTICE TO CREDITORS
The administration of the estate of
Faith H. Manno, deceased, whose
date of death was January 23, 2023,
is pending in the Circuit Court for
Colllier, Florida, Probate Division,
the address of which is 2335 Orange
Blossom Drive, Naples, Florida
34109. The names and addresses of
the personal representative and the
personal representative’s attorney
are set forth below.
All creditors of the decedent and
other persons having claims or
demands against decedent’s estate
on whom a copy of this notice is
required to be served must file
their claims with this court ON
OR BEFORE THE LATER OF
3 MONTHS AFTER THE TIME
OF THE FIRST PUBLICATION
OF THIS NOTICE OR 30 DAYS
AFTER THE DATE OF SERVICE
OF A COPY OF THIS NOTICE ON
THEM.
All other creditors of the decedent
and other persons having claims or
demands against decedent’s estate
must file their claims with this court
WITHIN 3 MONTHS AFTER THE
DATE OF THE FIRST PUBLICA-
TION OF THIS NOTICE.
ALL CLAIMS NOT FILED WITHIN
THE TIME PERIODS SET FORTH
IN FLORIDA STATUTES 733.702
WILL BE FOREVER BARRED.
NOTWITHSTANDING THE TIME
PERIODS SET FORTH ABOVE,
ANY CLAIM FILED TWO (2)
YEARS OR MORE AFTER THE
DECEDENT’S DATE OF DEATH
IS BARRED.
The personal representative or
curator has no duty to discover
whether any property held at the
time of the decedent’s death by the
decedent or the decedent’s surviv-
ing spouse is property to which
the Florida Community Property
Rights at Death Act as described in
ss. 732.216-732.228 applies, or may
apply, unless a written demand is
made by a creditor or a beneficiary
as specified under s. 732.2211.
The date of first publication of this
notice is October 3, 2024.
Notice To Creditors
NOTICE IS HEREBY GIVEN that
the undersigned desiring to engage
in business under fictitious name
of Elizabeth Gorman Nutrition &
Fitness located at 1522 13th Ave N
in the County of Collier in the City
of Naples, FL 34102, intends to
register the said name with the Divi-
sion of Corporations of The Florida
Department of State, Tallahassee,
Florida.
Dated at Tallahassee, Florida, this
1st, day of October, 2024.
Owner, Happy Health LLC
October 3 2024
LSAR0169235
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Excellent Condition $12,900.
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2004 Great car owned by old
lady. Needs a little TLC with
the exterior paint job; 68,194
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The date of first publication of this
notice is October 3, 2024.
Attorney for Personal Representa-
tive:
Terrence T. Dariotis
Florida Bar No. 190057
Dariotis Law
1695 Metropolitan Circle, Suite 6
Tallahassee, Florida 32308-8722
Telephone: (850) 523-9300
E-mail: terry@dariotislaw.com
Personal Representative:
Nicholas J. Manno
174 South Collier Boulevard, Unit 206
Marco Island, Florida 34145-4301
October 3, 10 2024
LSAR0169408
Notice To Creditors
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1
An act relating to affordable housing; amending ss. 2
125.01055 and 166.04151, F.S.; authorizing the board 3
of county commissioners and the governing board of a 4
municipality, respectively, to approve the development 5
of housing that is affordable, including mixed-use 6
residential, on any parcel owned by religious 7
institutions; requiring counties and municipalities to 8
authorize multifamily and mixed-use residential as 9
allowable uses in portions of flexibly zoned areas 10
under certain circumstances; prohibiting counties and 11
municipalities from imposing certain requirements on 12
proposed multifamily developments; prohibiting 13
counties and municipalities from requiring that more 14
than a specified percentage of a mixed-use residential 15
project be used for certain purposes; revising the 16
density, floor area ratio, or height below which 17
counties and municipalities may not restrict certain 18
developments; defining the term “highest currently 19
allowed, or allowed on July 1, 2023”; revising the 20
definition of the term “floor area ratio”; authorizing 21
counties and municipalities to restrict the height of 22
proposed developments on certain parcels with 23
structures or buildings listed in the National 24
Register of Historic Places; requiring the 25
administrative approval of certain proposed 26
developments without further action by a quasi-27
judicial or administrative board or reviewing body 28
under certain circumstances; defining the term 29
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“allowable density”; requiring the administrative 30
approval of the demolition of an existing structure 31
associated with a proposed development in certain 32
circumstances; providing construction; authorizing 33
counties and municipalities to administratively 34
require that certain proposed developments comply with 35
architectural design regulations under certain 36
circumstances; requiring counties and municipalities 37
to reduce parking requirements by a specified 38
percentage for certain proposed developments under 39
certain circumstances; authorizing counties and 40
municipalities to allow adjacent parcels of land to be 41
included within certain proposed developments; 42
requiring a court to give priority to and render 43
expeditious decisions in certain civil actions; 44
requiring a court to award reasonable attorney fees 45
and costs to a prevailing party in certain civil 46
actions; providing that such attorney fees or costs 47
may not exceed a specified dollar amount; prohibiting 48
the prevailing party from recovering certain other 49
fees or costs; defining terms; revising applicability; 50
prohibiting counties and municipalities from enforcing 51
certain building moratoriums; providing an exception, 52
subject to certain requirements; requiring the court 53
to assess and award reasonable attorney fees and costs 54
to the prevailing party in certain civil actions; 55
providing that such attorney fees or costs may not 56
exceed a specified dollar amount; prohibiting the 57
prevailing party from recovering certain other fees or 58
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costs; providing applicability; providing annual 59
reporting requirements beginning on specified dates; 60
authorizing applicants for certain proposed 61
developments to notify the county or municipality, as 62
applicable, by a specified date of its intent to 63
proceed under certain provisions; requiring counties 64
and municipalities to allow certain applicants to 65
submit revised applications, written requests, and 66
notices of intent to account for changes made by the 67
act; creating s. 420.5098, F.S.; providing legislative 68
findings and intent; defining terms; providing that it 69
is the policy of the state to support housing for 70
certain employees and to allow developers in receipt 71
of certain tax credits and funds to create a specified 72
preference for housing certain employees; requiring 73
that such preference conform to certain requirements; 74
providing an effective date. 75
76
Be It Enacted by the Legislature of the State of Florida: 77
78
Section 1. Subsection (6) and paragraphs (a) through (f), 79
(k), and (l) of subsection (7) of section 125.01055, Florida 80
Statutes, are amended, new paragraphs (k) through (n) are added 81
to subsection (7), and subsections (9) and (10) are added to 82
that section, to read: 83
125.01055 Affordable housing.— 84
(6) Notwithstanding any other law or local ordinance or 85
regulation to the contrary, the board of county commissioners 86
may approve the development of housing that is affordable, as 87
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defined in s. 420.0004, including, but not limited to, a mixed-88
use residential development, on any parcel zoned for commercial 89
or industrial use, or on any parcel, including any contiguous 90
parcel connected thereto, which is owned by a religious 91
institution as defined in s. 170.201(2) which contains a house 92
of public worship, regardless of underlying zoning, so long as 93
at least 10 percent of the units included in the project are for 94
housing that is affordable. The provisions of this subsection 95
are self-executing and do not require the board of county 96
commissioners to adopt an ordinance or a regulation before using 97
the approval process in this subsection. 98
(7)(a) A county must authorize multifamily and mixed-use 99
residential as allowable uses in any area zoned for commercial, 100
industrial, or mixed use, and in portions of any flexibly zoned 101
area such as a planned unit development permitted for 102
commercial, industrial, or mixed use, if at least 40 percent of 103
the residential units in a proposed multifamily development are 104
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, transfer of density or development units, 110
amendment to a development of regional impact, or comprehensive 111
plan amendment for the building height, zoning, and densities 112
authorized under this subsection. For mixed-use residential 113
projects, at least 65 percent of the total square footage must 114
be used for residential purposes. The county may not require 115
that more than 10 percent of the total square footage of such 116
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mixed-use residential projects be used for nonresidential 117
purposes. 118
(b) A county may not restrict the density of a proposed 119
development authorized under this subsection below the highest 120
currently allowed, or allowed on July 1, 2023, density on any 121
unincorporated land in the county where residential development 122
is allowed under the county’s land development regulations. For 123
purposes of this paragraph, the term “highest currently allowed 124
density” does not include the density of any building that met 125
the requirements of this subsection or the density of any 126
building that has received any bonus, variance, or other special 127
exception for density provided in the county’s land development 128
regulations as an incentive for development. For purposes of 129
this paragraph, “highest currently allowed, or allowed on July 130
1, 2023,” means whichever is least restrictive at the time of 131
development. 132
(c) A county may not restrict the floor area ratio of a 133
proposed development authorized under this subsection below 150 134
percent of the highest currently allowed, or allowed on July 1, 135
2023, floor area ratio on any unincorporated land in the county 136
where development is allowed under the county’s land development 137
regulations. For purposes of this paragraph, the term “highest 138
currently allowed floor area ratio” does not include the floor 139
area ratio of any building that met the requirements of this 140
subsection or the floor area ratio of any building that has 141
received any bonus, variance, or other special exception for 142
floor area ratio provided in the county’s land development 143
regulations as an incentive for development. For purposes of 144
this subsection, the term “floor area ratio” includes floor lot 145
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ratio and lot coverage. 146
(d)1. A county may not restrict the height of a proposed 147
development authorized under this subsection below the highest 148
currently allowed, or allowed on July 1, 2023, height for a 149
commercial or residential building located in its jurisdiction 150
within 1 mile of the proposed development or 3 stories, 151
whichever is higher. For purposes of this paragraph, the term 152
“highest currently allowed height” does not include the height 153
of any building that met the requirements of this subsection or 154
the height of any building that has received any bonus, 155
variance, or other special exception for height provided in the 156
county’s land development regulations as an incentive for 157
development. 158
2. If the proposed development is adjacent to, on two or 159
more sides, a parcel zoned for single-family residential use 160
which is within a single-family residential development with at 161
least 25 contiguous single-family homes, the county may restrict 162
the height of the proposed development to 150 percent of the 163
tallest building on any property adjacent to the proposed 164
development, the highest currently allowed, or allowed on July 165
1, 2023, height for the property provided in the county’s land 166
development regulations, or 3 stories, whichever is higher, not 167
to exceed 10 stories. For the purposes of this paragraph, the 168
term “adjacent to” means those properties sharing more than one 169
point of a property line, but does not include properties 170
separated by a public road. 171
3. If the proposed development is on a parcel with a 172
contributing structure or building within a historic district 173
which was listed in the National Register of Historic Places 174
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before January 1, 2000, or is on a parcel with a structure or 175
building individually listed in the National Register of 176
Historic Places, the county may restrict the height of the 177
proposed development to the highest currently allowed, or 178
allowed on July 1, 2023, height for a commercial or residential 179
building located in its jurisdiction within three-fourths of a 180
mile of the proposed development or 3 stories, whichever is 181
higher. The term “highest currently allowed” in this paragraph 182
includes the maximum height allowed for any building in a zoning 183
district irrespective of any conditions. 184
(e)1. A proposed development authorized under this 185
subsection must be administratively approved without and no 186
further action by the board of county commissioners or any 187
quasi-judicial or administrative board or reviewing body is 188
required if the development satisfies the county’s land 189
development regulations for multifamily developments in areas 190
zoned for such use and is otherwise consistent with the 191
comprehensive plan, with the exception of provisions 192
establishing allowable densities, floor area ratios, height, and 193
land use. Such land development regulations include, but are not 194
limited to, regulations relating to setbacks and parking 195
requirements. A proposed development located within one-quarter 196
mile of a military installation identified in s. 163.3175(2) may 197
not be administratively approved. Each county shall maintain on 198
its website a policy containing procedures and expectations for 199
administrative approval pursuant to this subsection. For 200
purposes of this subparagraph, the term “allowable density” 201
means the density prescribed for the property in accordance with 202
this subsection without additional requirements to procure and 203
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transfer density units or development units from other 204
properties. 205
2. The county must administratively approve the demolition 206
of an existing structure associated with a proposed development 207
under this subsection, without further action by the board of 208
county commissioners or any quasi-judicial or administrative 209
board or reviewing body, if the proposed demolition otherwise 210
complies with all state and local regulations. 211
3. If the proposed development is on a parcel with a 212
contributing structure or building within a historic district 213
which was listed in the National Register of Historic Places 214
before January 1, 2000, or is on a parcel with a structure or 215
building individually listed in the National Register of 216
Historic Places, the county may administratively require the 217
proposed development to comply with local regulations relating 218
to architectural design, such as facade replication, provided it 219
does not affect height, floor area ratio, of density of the 220
proposed development. 221
(f)1. A county must, upon request of an applicant, reduce 222
consider reducing parking requirements by 15 percent for a 223
proposed development authorized under this subsection if the 224
development: 225
a. Is located within one-quarter mile of a transit stop, as 226
defined in the county’s land development code, and the transit 227
stop is accessible from the development;. 228
2. A county must reduce parking requirements by at least 20 229
percent for a proposed development authorized under this 230
subsection if the development: 231
b.a. Is located within one-half mile of a major 232
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transportation hub that is accessible from the proposed 233
development by safe, pedestrian-friendly means, such as 234
sidewalks, crosswalks, elevated pedestrian or bike paths, or 235
other multimodal design features; or and 236
c.b. Has available parking within 600 feet of the proposed 237
development which may consist of options such as on-street 238
parking, parking lots, or parking garages available for use by 239
residents of the proposed development. However, a county may not 240
require that the available parking compensate for the reduction 241
in parking requirements. 242
2.3. A county must eliminate parking requirements for a 243
proposed mixed-use residential development authorized under this 244
subsection within an area recognized by the county as a transit-245
oriented development or area, as provided in paragraph (h). 246
3.4. For purposes of this paragraph, the term “major 247
transportation hub” means any transit station, whether bus, 248
train, or light rail, which is served by public transit with a 249
mix of other transportation options. 250
(k) Notwithstanding any other law or local ordinance or 251
regulation to the contrary, a county may allow an adjacent 252
parcel of land to be included within a proposed multifamily 253
development authorized under this subsection. 254
(l) The court shall give any civil action filed against a 255
county for a violation of this subsection priority over other 256
pending cases and render a preliminary or final decision as 257
expeditiously as possible. 258
(m) If a civil action is filed against a county for a 259
violation of this subsection, the court must assess and award 260
reasonable attorney fees and costs to the prevailing party. An 261
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award of reasonable attorney fees or costs pursuant to this 262
subsection may not exceed $250,000. In addition, a prevailing 263
party may not recover any attorney fees or costs directly 264
incurred by or associated with litigation to determine an award 265
of reasonable attorney fees or costs. 266
(n) As used in this subsection, the term: 267
1. “Commercial use” means activities associated with the 268
sale, rental, or distribution of products or the performance of 269
services related thereto. The term includes, but is not limited 270
to, such uses or activities as retail sales; wholesale sales; 271
rentals of equipment, goods, or products; offices; restaurants; 272
public lodging establishments as described in s. 509.242(1)(a); 273
food service vendors; sports arenas; theaters; tourist 274
attractions; and other for-profit business activities. A parcel 275
zoned to permit such uses by right without the requirement to 276
obtain a variance or waiver is considered commercial use for the 277
purposes of this section, irrespective of the local land 278
development regulation’s listed category or title. The term does 279
not include home-based businesses or cottage food operations 280
undertaken on residential property, public lodging 281
establishments as described in s. 509.242(1)(c), or uses that 282
are accessory, ancillary, incidental to the allowable uses, or 283
allowed only on a temporary basis. Recreational uses, such as 284
golf courses, tennis courts, swimming pools, and clubhouses, 285
within an area designated for residential use are not commercial 286
use, irrespective of how they are operated. 287
2. “Industrial use” means activities associated with the 288
manufacture, assembly, processing, or storage of products or the 289
performance of services related thereto. The term includes, but 290
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is not limited to, such uses or activities as automobile 291
manufacturing or repair, boat manufacturing or repair, junk 292
yards, meat packing facilities, citrus processing and packing 293
facilities, produce processing and packing facilities, 294
electrical generating plants, water treatment plants, sewage 295
treatment plants, and solid waste disposal sites. A parcel zoned 296
to permit such uses by right without the requirement to obtain a 297
variance or waiver is considered industrial use for the purposes 298
of this section, irrespective of the local land development 299
regulation’s listed category or title. The term does not include 300
uses that are accessory, ancillary, incidental to the allowable 301
uses, or allowed only on a temporary basis. Recreational uses, 302
such as golf courses, tennis courts, swimming pools, and 303
clubhouses, within an area designated for residential use are 304
not industrial use, irrespective of how they are operated. 305
3. “Mixed use” means any use that combines multiple types 306
of approved land uses from at least two of the residential use, 307
commercial use, and industrial use categories. The term does not 308
include uses that are accessory, ancillary, incidental to the 309
allowable uses, or allowed only on a temporary basis. 310
Recreational uses, such as golf courses, tennis courts, swimming 311
pools, and clubhouses, within an area designated for residential 312
use are not mixed use, irrespective of how they are operated. 313
4. “Planned unit development” has the same meaning as 314
provided in s. 163.3202(5)(b). 315
(o)(k) This subsection does not apply to: 316
1. Airport-impacted areas as provided in s. 333.03. 317
2. Property defined as recreational and commercial working 318
waterfront in s. 342.201(2)(b) in any area zoned as industrial. 319
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3. The Wekiva Study Area, as described in s. 369.316. 320
4. The Everglades Protection Area, as defined in s. 321
373.4592(2). 322
(p)(l) This subsection expires October 1, 2033. 323
(9)(a) Except as provided in paragraphs (b) and (d), a 324
county may not enforce a building moratorium that has the effect 325
of delaying the permitting or construction of a multifamily 326
residential or mixed-use residential development authorized 327
under subsection (7). 328
(b) A county may, by ordinance, impose or enforce such a 329
building moratorium for no more than 90 days in any 3-year 330
period. Before adoption of such a building moratorium, the 331
county shall prepare or cause to be prepared an assessment of 332
the county’s need for affordable housing at the extremely-low-333
income, very-low-income, low-income, or moderate-income limits 334
specified in s. 420.0004, including projections of such need for 335
the next 5 years. This assessment must be posted on the county’s 336
website by the date the notice of proposed enactment is 337
published, and presented at the same public meeting at which the 338
proposed ordinance imposing the building moratorium is adopted 339
by the board of county commissioners. This assessment must be 340
included in the business impact estimate for the ordinance 341
imposing such a moratorium required by s. 125.66(3). 342
(c) If a civil action is filed against a county for a 343
violation of this subsection, the court must assess and award 344
reasonable attorney fees and costs to the prevailing party. An 345
award of reasonable attorney fees or costs pursuant to this 346
subsection may not exceed $250,000. In addition, a prevailing 347
party may not recover any attorney fees or costs directly 348
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incurred by or associated with litigation to determine an award 349
of reasonable attorney fees or costs. 350
(d) This subsection does not apply to moratoria imposed or 351
enforced to address stormwater or flood water management, to 352
address the supply of potable water, or due to the necessary 353
repair of sanitary sewer systems, if such moratoria apply 354
equally to all types of multifamily or mixed-use residential 355
development. 356
(10)(a) Beginning November 1, 2026, each county must 357
provide an annual report to the state land planning agency which 358
includes: 359
1. A summary of litigation relating to subsection (7) that 360
was initiated, remains pending, or was resolved during the 361
previous fiscal year. 362
2. A list of all projects proposed or approved under 363
subsection (7) during the previous fiscal year. For each 364
project, the report must include, at a minimum, the project’s 365
size, density, and intensity and the total number of units 366
proposed, including the number of affordable units and 367
associated targeted household incomes. 368
(b) The state land planning agency shall compile the 369
information received under this subsection and submit the 370
information to the Governor, the President of the Senate, and 371
the Speaker of the House of Representatives annually by February 372
1. 373
Section 2. Subsection (6) and paragraphs (a) through (f), 374
(k), and (l) of subsection (7) of section 166.04151, Florida 375
Statutes, are amended, new paragraphs (k) through (n) are added 376
to subsection (7), and subsections (9) and (10) are added to 377
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that section, to read: 378
166.04151 Affordable housing.— 379
(6) Notwithstanding any other law or local ordinance or 380
regulation to the contrary, the governing body of a municipality 381
may approve the development of housing that is affordable, as 382
defined in s. 420.0004, including, but not limited to, a mixed-383
use residential development, on any parcel zoned for commercial 384
or industrial use, or on any parcel, including any contiguous 385
parcel connected thereto, which is owned by a religious 386
institution as defined in s. 170.201(2) which contains a house 387
of public worship, regardless of underlying zoning, so long as 388
at least 10 percent of the units included in the project are for 389
housing that is affordable. The provisions of this subsection 390
are self-executing and do not require the governing body to 391
adopt an ordinance or a regulation before using the approval 392
process in this subsection. 393
(7)(a) A municipality must authorize multifamily and mixed-394
use residential as allowable uses in any area zoned for 395
commercial, industrial, or mixed use, and in portions of any 396
flexibly zoned area such as a planned unit development permitted 397
for commercial, industrial, or mixed use, if at least 40 percent 398
of the residential units in a proposed multifamily development 399
are rental units that, for a period of at least 30 years, are 400
affordable as defined in s. 420.0004. Notwithstanding any other 401
law, local ordinance, or regulation to the contrary, a 402
municipality may not require a proposed multifamily development 403
to obtain a zoning or land use change, special exception, 404
conditional use approval, variance, transfer of density or 405
development units, amendment to a development of regional 406
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impact, amendment to a municipal charter, or comprehensive plan 407
amendment for the building height, zoning, and densities 408
authorized under this subsection. For mixed-use residential 409
projects, at least 65 percent of the total square footage must 410
be used for residential purposes. The municipality may not 411
require that more than 10 percent of the total square footage of 412
such mixed-use residential projects be used for nonresidential 413
purposes. 414
(b) A municipality may not restrict the density of a 415
proposed development authorized under this subsection below the 416
highest currently allowed, or allowed on July 1, 2023, density 417
on any land in the municipality where residential development is 418
allowed under the municipality’s land development regulations. 419
For purposes of this paragraph, the term “highest currently 420
allowed density” does not include the density of any building 421
that met the requirements of this subsection or the density of 422
any building that has received any bonus, variance, or other 423
special exception for density provided in the municipality’s 424
land development regulations as an incentive for development. 425
For purposes of this paragraph, “highest currently allowed, or 426
allowed on July 1, 2023,” means whichever is least restrictive 427
at the time of development. 428
(c) A municipality may not restrict the floor area ratio of 429
a proposed development authorized under this subsection below 430
150 percent of the highest currently allowed, or allowed on July 431
1, 2023, floor area ratio on any land in the municipality where 432
development is allowed under the municipality’s land development 433
regulations. For purposes of this paragraph, the term “highest 434
currently allowed floor area ratio” does not include the floor 435
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area ratio of any building that met the requirements of this 436
subsection or the floor area ratio of any building that has 437
received any bonus, variance, or other special exception for 438
floor area ratio provided in the municipality’s land development 439
regulations as an incentive for development. For purposes of 440
this subsection, the term “floor area ratio” includes floor lot 441
ratio and lot coverage. 442
(d)1. A municipality may not restrict the height of a 443
proposed development authorized under this subsection below the 444
highest currently allowed, or allowed on July 1, 2023, height 445
for a commercial or residential building located in its 446
jurisdiction within 1 mile of the proposed development or 3 447
stories, whichever is higher. For purposes of this paragraph, 448
the term “highest currently allowed height” does not include the 449
height of any building that met the requirements of this 450
subsection or the height of any building that has received any 451
bonus, variance, or other special exception for height provided 452
in the municipality’s land development regulations as an 453
incentive for development. 454
2. If the proposed development is adjacent to, on two or 455
more sides, a parcel zoned for single-family residential use 456
that is within a single-family residential development with at 457
least 25 contiguous single-family homes, the municipality may 458
restrict the height of the proposed development to 150 percent 459
of the tallest building on any property adjacent to the proposed 460
development, the highest currently allowed, or allowed on July 461
1, 2023, height for the property provided in the municipality’s 462
land development regulations, or 3 stories, whichever is higher, 463
not to exceed 10 stories. For the purposes of this paragraph, 464
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the term “adjacent to” means those properties sharing more than 465
one point of a property line, but does not include properties 466
separated by a public road or body of water, including manmade 467
lakes or ponds. For a proposed development located within a 468
municipality within an area of critical state concern as 469
designated by s. 380.0552 or chapter 28-36, Florida 470
Administrative Code, the term “story” includes only the 471
habitable space above the base flood elevation as designated by 472
the Federal Emergency Management Agency in the most current 473
Flood Insurance Rate Map. A story may not exceed 10 feet in 474
height measured from finished floor to finished floor, including 475
space for mechanical equipment. The highest story may not exceed 476
10 feet from finished floor to the top plate. 477
3. If the proposed development is on a parcel with a 478
contributing structure or building within a historic district 479
which was listed in the National Register of Historic Places 480
before January 1, 2000, or is on a parcel with a structure or 481
building individually listed in the National Register of 482
Historic Places, the municipality may restrict the height of the 483
proposed development to the highest currently allowed, or 484
allowed on July 1, 2023, height for a commercial or residential 485
building located in its jurisdiction within three-fourths of a 486
mile of the proposed development or 3 stories, whichever is 487
higher. The term “highest currently allowed” in this paragraph 488
includes the maximum height allowed for any building in a zoning 489
district irrespective of any conditions. 490
(e)1. A proposed development authorized under this 491
subsection must be administratively approved without and no 492
further action by the governing body of the municipality or any 493
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quasi-judicial or administrative board or reviewing body is 494
required if the development satisfies the municipality’s land 495
development regulations for multifamily developments in areas 496
zoned for such use and is otherwise consistent with the 497
comprehensive plan, with the exception of provisions 498
establishing allowable densities, floor area ratios, height, and 499
land use. Such land development regulations include, but are not 500
limited to, regulations relating to setbacks and parking 501
requirements. A proposed development located within one-quarter 502
mile of a military installation identified in s. 163.3175(2) may 503
not be administratively approved. Each municipality shall 504
maintain on its website a policy containing procedures and 505
expectations for administrative approval pursuant to this 506
subsection. For purposes of this paragraph, the term “allowable 507
density” means the density prescribed for the property in 508
accordance with this subsection without additional requirements 509
to procure and transfer density units or development units from 510
other properties. 511
2. The municipality must administratively approve the 512
demolition of an existing structure associated with a proposed 513
development under this subsection, without further action by the 514
governing body of the municipality or any quasi-judicial or 515
administrative board or reviewing body, if the proposed 516
demolition otherwise complies with all state and local 517
regulations. 518
3. If the proposed development is on a parcel with a 519
contributing structure or building within a historic district 520
which was listed in the National Register of Historic Places 521
before January 1, 2000, or is on a parcel with a structure or 522
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building individually listed in the National Register of 523
Historic Places, the municipality may administratively require 524
the proposed development to comply with local regulations 525
relating to architectural design, such as facade replication, 526
provided it does not affect height, floor area ratio, of density 527
of the proposed development. 528
(f)1. A municipality must, upon request of an applicant, 529
reduce consider reducing parking requirements for a proposed 530
development authorized under this subsection by 15 percent if 531
the development: 532
a. Is located within one-quarter mile of a transit stop, as 533
defined in the municipality’s land development code, and the 534
transit stop is accessible from the development;. 535
2. A municipality must reduce parking requirements by at 536
least 20 percent for a proposed development authorized under 537
this subsection if the development: 538
b.a. Is located within one-half mile of a major 539
transportation hub that is accessible from the proposed 540
development by safe, pedestrian-friendly means, such as 541
sidewalks, crosswalks, elevated pedestrian or bike paths, or 542
other multimodal design features; or. 543
c.b. Has available parking within 600 feet of the proposed 544
development which may consist of options such as on-street 545
parking, parking lots, or parking garages available for use by 546
residents of the proposed development. However, a municipality 547
may not require that the available parking compensate for the 548
reduction in parking requirements. 549
2.3. A municipality must eliminate parking requirements for 550
a proposed mixed-use residential development authorized under 551
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this subsection within an area recognized by the municipality as 552
a transit-oriented development or area, as provided in paragraph 553
(h). 554
3.4. For purposes of this paragraph, the term “major 555
transportation hub” means any transit station, whether bus, 556
train, or light rail, which is served by public transit with a 557
mix of other transportation options. 558
(k) Notwithstanding any other law or local ordinance or 559
regulation to the contrary, a municipality may allow an adjacent 560
parcel of land to be included within a proposed multifamily 561
development authorized under this subsection. 562
(l) The court shall give any civil action filed against a 563
municipality for a violation of this subsection priority over 564
other pending cases and render a preliminary or final decision 565
as expeditiously as possible. 566
(m) If a civil action is filed against a municipality for a 567
violation of this subsection, the court must assess and award 568
reasonable attorney fees and costs to the prevailing party. An 569
award of reasonable attorney fees or costs pursuant to this 570
subsection may not exceed $250,000. In addition, a prevailing 571
party may not recover any attorney fees or costs directly 572
incurred by or associated with litigation to determine an award 573
of reasonable attorney fees or costs. 574
(n) As used in this subsection, the term: 575
1. “Commercial use” means activities associated with the 576
sale, rental, or distribution of products or the performance of 577
services related thereto. The term includes, but is not limited 578
to, such uses or activities as retail sales; wholesale sales; 579
rentals of equipment, goods, or products; offices; restaurants; 580
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public lodging establishments as described in s. 509.242(1)(a); 581
food service vendors; sports arenas; theaters; tourist 582
attractions; and other for-profit business activities. A parcel 583
zoned to permit such uses by right without the requirement to 584
obtain a variance or waiver is considered commercial use for the 585
purposes of this section, irrespective of the local land 586
development regulation’s listed category or title. The term does 587
not include home-based businesses or cottage food operations 588
undertaken on residential property, public lodging 589
establishments as described in s. 509.242(1)(c), or uses that 590
are accessory, ancillary, incidental to the allowable uses, or 591
allowed only on a temporary basis. Recreational uses, such as 592
golf courses, tennis courts, swimming pools, and clubhouses, 593
within an area designated for residential use are not commercial 594
use, irrespective of how they are operated. 595
2. “Industrial use” means activities associated with the 596
manufacture, assembly, processing, or storage of products or the 597
performance of services related thereto. The term includes, but 598
is not limited to, such uses or activities as automobile 599
manufacturing or repair, boat manufacturing or repair, junk 600
yards, meat packing facilities, citrus processing and packing 601
facilities, produce processing and packing facilities, 602
electrical generating plants, water treatment plants, sewage 603
treatment plants, and solid waste disposal sites. A parcel zoned 604
to permit such uses by right without the requirement to obtain a 605
variance or waiver is considered industrial use for the purposes 606
of this section, irrespective of the local land development 607
regulation’s listed category or title. The term does not include 608
uses that are accessory, ancillary, incidental to the allowable 609
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uses, or allowed only on a temporary basis. Recreational uses, 610
such as golf courses, tennis courts, swimming pools, and 611
clubhouses, within an area designated for residential use are 612
not industrial use, irrespective of how they are operated. 613
3. “Mixed use” means any use that combines multiple types 614
of approved land uses from at least two of the residential use, 615
commercial use, and industrial use categories. The term does not 616
include uses that are accessory, ancillary, incidental to the 617
allowable uses, or allowed only on a temporary basis. 618
Recreational uses, such as golf courses, tennis courts, swimming 619
pools, and clubhouses, within an area designated for residential 620
use are not mixed use, irrespective of how they are operated. 621
4. “Planned unit development” has the same meaning as 622
provided in s. 163.3202(5)(b). 623
(o)(k) This subsection does not apply to: 624
1. Airport-impacted areas as provided in s. 333.03. 625
2. Property defined as recreational and commercial working 626
waterfront in s. 342.201(2)(b) in any area zoned as industrial. 627
3. The Wekiva Study Area, as described in s. 369.316. 628
4. The Everglades Protection Area, as defined in s. 629
373.4592(2). 630
(p)(l) This subsection expires October 1, 2033. 631
(9)(a) Except as provided in paragraphs (b) and (d), a 632
municipality may not enforce a building moratorium that has the 633
effect of delaying the permitting or construction of a 634
multifamily residential or mixed-use residential development 635
authorized under subsection (7). 636
(b) A municipality may, by ordinance, impose or enforce 637
such a building moratorium for no more than 90 days in any 3-638
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year period. Before adoption of such a building moratorium, the 639
municipality shall prepare or cause to be prepared an assessment 640
of the municipality’s need for affordable housing at the 641
extremely-low-income, very-low-income, low-income, or moderate-642
income limits specified in s. 420.0004, including projections of 643
such need for the next 5 years. This assessment must be posted 644
on the municipality’s website by the date the notice of proposed 645
enactment is published and must be presented at the same public 646
meeting at which the proposed ordinance imposing the building 647
moratorium is adopted by the governing body of the municipality. 648
This assessment must be included in the business impact estimate 649
for the ordinance imposing such a moratorium required by s. 650
166.041(4). 651
(c) If a civil action is filed against a municipality for a 652
violation of this subsection, the court must assess and award 653
reasonable attorney fees and costs to the prevailing party. An 654
award of reasonable attorney fees or costs pursuant to this 655
subsection may not exceed $250,000. In addition, a prevailing 656
party may not recover any attorney fees or costs directly 657
incurred by or associated with litigation to determine an award 658
of reasonable attorney fees or costs. 659
(d) This subsection does not apply to moratoria imposed or 660
enforced to address stormwater or flood water management, to 661
address the supply of potable water, or due to the necessary 662
repair of sanitary sewer systems, if such moratoria apply 663
equally to all types of multifamily or mixed-use residential 664
development. 665
(10)(a) Beginning November 1, 2026, each municipality must 666
provide an annual report to the state land planning agency which 667
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includes: 668
1. A summary of litigation relating to subsection (7) that 669
was initiated, remains pending, or was resolved during the 670
previous fiscal year. 671
2. A list of all projects proposed or approved under 672
subsection (7) during the previous fiscal year. For each 673
project, the report must include, at a minimum, the project’s 674
size, density, and intensity and the total number of units 675
proposed, including the number of affordable units and 676
associated targeted household incomes. 677
(b) The state land planning agency shall compile the 678
information received under this subsection and submit the 679
information to the Governor, the President of the Senate, and 680
the Speaker of the House of Representatives annually by February 681
1. 682
Section 3. An applicant for a proposed development 683
authorized under s. 125.01055(7), Florida Statutes, or s. 684
166.04151(7), Florida Statutes, who submitted an application, a 685
written request, or a notice of intent to use such provisions to 686
the county or municipality and which application, written 687
request, or notice of intent has been received by the county or 688
municipality, as applicable, before July 1, 2025, may notify the 689
county or municipality by July 1, 2025, of its intent to proceed 690
under the provisions of s. 125.01055(7), Florida Statutes, or s. 691
166.04151(7), Florida Statutes, as they existed at the time of 692
submittal. A county or municipality, as applicable, shall allow 693
an applicant who submitted such application, written request, or 694
notice of intent before July 1, 2025, the opportunity to submit 695
a revised application, written request, or notice of intent to 696
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account for the changes made by this act. 697
Section 4. Section 420.5098, Florida Statutes, is created 698
to read: 699
420.5098 Public sector and hospital employer-sponsored 700
housing policy.— 701
(1) The Legislature finds that it is in the best interests 702
of the state and the state’s economy to provide affordable 703
housing to state residents employed by hospitals, health care 704
facilities, and governmental entities in order to attract and 705
maintain the highest quality labor by incentivizing such 706
employers to sponsor affordable housing opportunities. Section 707
42(g)(9)(B) of the Internal Revenue Code provides that a 708
qualified low-income housing project does not fail to meet the 709
general public use requirement solely because of occupancy 710
restrictions or preferences that favor tenants who are members 711
of a specified group under a state program or policy that 712
supports housing for such specified group. Therefore, it is the 713
intent of the Legislature to establish a policy that supports 714
the development of affordable workforce housing for employees of 715
hospitals, health care facilities, and governmental entities. 716
(2) For purposes of this section, the term: 717
(a) “Governmental entity” means any state, regional, 718
county, local, or municipal governmental entity of this state, 719
whether executive, judicial, or legislative; any department, 720
division, bureau, commission, authority, or political 721
subdivision of the state; any public school, state university, 722
or Florida College System institution; or any special district 723
as defined in s. 189.012. 724
(b) “Health care facility” has the same meaning as provided 725
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in s. 159.27(16). 726
(c) “Hospital” means a hospital under chapter 155, a 727
hospital district created pursuant to chapter 189, or a hospital 728
licensed pursuant to chapter 395, including corporations not for 729
profit that are qualified as charitable under s. 501(c)(3) of 730
the Internal Revenue Code and for-profit entities. 731
(3) It is the policy of the state to support housing for 732
employees of hospitals, health care facilities, and governmental 733
entities and to allow developers in receipt of federal low-734
income housing tax credits allocated pursuant to s. 420.5099, 735
local or state funds, or other sources of funding available to 736
finance the development of affordable housing to create a 737
preference for housing for such employees. Such preference must 738
conform to the requirements of s. 42(g)(9) of the Internal 739
Revenue Code. 740
Section 5. This act shall take effect July 1, 2025. 741
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