Affordable Housing
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SB 328 — Affordable Housing
Last action — Chapter No. 2024-188, companion bill(s) passed, see CS/HB 7073 (Ch. 2024-158)
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 04, 2024. Enacted.
Signed by Governor Ron DeSantis (Republican) on May 16, 2024.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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5 sponsors
3 primary, 2 co-sponsors signed on.
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Bipartisan support
Sponsored across 2 parties (1 R · 1 D) — cross-party backing.
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Cleared a recorded vote
Passed 4 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Affordable Housing; Prohibiting counties and municipalities, respectively, from restricting the floor area ratio of certain proposed developments under certain circumstances; authorizing counties and municipalities, respectively, to restrict the height of proposed developments under certain circumstances; requiring counties and municipalities, respectively, to maintain a certain policy on their websites; revising conditions for when multifamily projects are considered property used for a charitable purpose and are eligible to receive an ad valorem property tax exemption, etc. APPROPRIATION: $100,000,000
Bill Text
What changed in the latest version
665 added · 810 removed665 line(s) added, 810 removed.
Florida Senate - 2024 CS(Corrected forCopy) CS for SB 328 By the CommitteesCommittee on FiscalCommunity Policy;Affairs;
and CommunitySenator Affairs;Calatayud 578-01993-24 2024328c1 A bill to be entitled An act relating to affordable housing;
and Senators Calatayud, Osgood, and Stewart 594-02702A-24 2024328c2 A bill to be entitled An act relating to affordable housing;
clarifyingdeleting application;a provision related to the authorization of multifamily and mixed- use residential development uses in any area zoned for industrial use;
providing that the density,density or floor area ratio,ratio or height of certain developments, bonuses, variances, or other special exceptions are not included in the calculation of the currently allowed density,density or floor area ratio,ratio or height by counties and municipalities, respectively;
revising prohibitions relating to counties’ and municipalities’ restrictions of the height of certain proposed developments, respectively;
providing that certain factors may not be taken into account in the calculation of the currently allowed height;
requiring countiesPage and1 municipalities,of respectively,22 toCODING: reduce or eliminate parking requirements for certain proposed mixed-use developments that meet certain requirements;
providing certain requirements for developments located within a transit-oriented development or area;
defining the term “major transportation hub”;
making technical changes;
providing requirements for Page 1 of 26 CODING:
Florida Senate - 2024 CS(Corrected forCopy) CS for SB 328 594-02702A-24578-01993-24 2024328c22024328c1 developmentscounties authorizedand locatedmunicipalities, withinrespectively, ato transit-reduce orientedor developmenteliminate orparking area;requirements for certain proposed mixed-use developments that meet certain requirements;
clarifyingdefining thatthe aterm county“major ortransportation municipality,hub”; respectively, is not precluded from granting additional exceptions;
clarifyingproviding thatcertain arequirements proposedfor developmentdevelopments islocated notwithin precluded from receiving a bonustransit-oriented fordevelopment density, height, or floorarea; area ratio if specified conditions are satisfied;
making technical changes;
providing requirements for developments authorized as a transit-oriented development or area;
authorizing specified developments to be treated as a conforming useuse; under certain circumstances;
authorizing specified developments to be treated as a nonconforming use under certain circumstances;
defining the term “substantial rehabilitation”;
providing that a certain determination by the corporation does not constitute Page 2 of 2622 CODING:
Florida Senate - 2024 CS(Corrected forCopy) CS for SB 328 594-02702A-24578-01993-24 2024328c22024328c1 an exemption;
specifying requirements for a market value analysis;
amending s.
196.1979, F.S.;
revising the value to which a certain ad valorem property tax exemption applies;
revising a condition of eligibility for vacant residential units to qualify for a certain ad valorem property tax exemption;
making technical changes;
revising the deadline for an application for exemption;
revising deadlines by which boards and governing bodies must deliver to or notify the Department of Revenue of the adoption, repeal, or expiration of certain ordinances;
requiring property appraisers to review certain applications and make certain determinations;
authorizing property appraisers to request and review additional information;
authorizing property appraisers to grant exemptions only under certain conditions;
providing the method for determining the value of a unit for certain purposes;
revising the enumerated powers of the corporation;Florida Housing Finance Corporation;
specifying conditions under which the corporationFlorida Housing Finance Corporation may preclude applicants from corporation programs;
PageSection 31. of 26 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 CS for CS for SB 328 594-02702A-24 2024328c2 89 Section 1.
Show all 262 changed lines (222 more)
Notwithstanding any other law, local ordinance, or regulation to the contrary, a county may not require a proposed multifamily development to obtain a zoning or land use change, special exception, conditional use approval,Page variance,3 orof comprehensive22 planCODING: amendment for the building height, zoning, and densities authorized under this subsection.
For mixed-use residential projects, at least 65 percent of the total square footage must be used for residential purposes.
(b) A county may not restrict the density of a proposed development authorized under this subsection below the highest currently allowed density on any unincorporated land in the county where residential development is allowed under the county’s land development regulations.
For purposes of this paragraph, the term “highest currently allowed density” does not include the density of any development that met the requirements of this subsection or the density of any development which has received any bonus, variance, or other special exception for density provided in the county’s land development regulations as Page 4 of 26 CODING:
Florida Senate - 2024 CS(Corrected forCopy) CS for SB 328 594-02702A-24578-01993-24 2024328c22024328c1 anapproval, incentivevariance, or comprehensive plan amendment for development.the building height, zoning, and densities authorized under this subsection.
(c)For Amixed-use countyresidential mayprojects, notat restrictleast the65 floorpercent area ratio of a proposed development authorized under this subsection below the highesttotal currentlysquare allowedfootage floormust areabe ratioused onfor anyresidential unincorporatedpurposes. land in the county where development is allowed under the county’s land development regulations.
For(b) purposesA ofcounty thismay paragraph,not restrict the termdensity “highestor currently allowed floor area ratio”ratio doesof nota includeproposed thedevelopment floorauthorized areaunder ratiothis ofsubsection anybelow development that met the requirementshighest ofcurrently thisallowed subsectiondensity or the floor area ratio ofon any developmentunincorporated whichland hasin receivedthe anycounty bonus,where variance,residential ordevelopment otheris specialallowed exceptionunder for floor area ratio provided in the county’s land development regulationsregulations. as an incentive for development.
ForThe purposescurrently ofallowed thisdensity subsection,or floor area ratio does not include the termdensity or floor area ratio includesof any development that meets the requirements of this subsection or any bonus, variance, or other special exception for density or floor lotarea ratio.ratio provided in the county’s land development regulations as an incentive for development.
(d)1.(c)(c) A county may not restrict the height of a proposed development authorized under this subsection below the highest currently allowed height for a commercial or residential building development located in its jurisdiction within one- quarter 1 mile of the proposed development or 3 stories, whichever is higher.
ForIf purposes of this paragraph, the termheight “highestof currentlyeach allowedbuilding height”on doesproperty notadjacent includeto the heightproposed of any development thatis met3 thestories requirementsor ofless, thisthe subsectioncounty ormay restrict the height of anythe proposed development whichto has135 receivedpercent anyof bonus,the variance,tallest orbuilding otheron specialproperty exceptionadjacent forto height provided in the county’sproposed land development regulationsor as3 anstories, incentivewhichever foris development.higher.
2.The currently allowed height does not include the height of any development that meets the requirements of this subsection or any bonus, variance, or other special exception for height Page 4 of 22 CODING:
If the proposed development is adjacent to, on two or more sides, a parcel zoned for single-family residential use that is within a single-family residential development with at least 25 contiguous single-family homes, the county may restrict Page 5 of 26 CODING:
Florida Senate - 2024 CS(Corrected forCopy) CS for SB 328 594-02702A-24578-01993-24 2024328c22024328c1 theprovided heightin of the proposedcounty’s developmentland to 150 percent of the tallest building on property within one-quarter mile of the proposed development orregulations 3as stories,an whicheverincentive isfor higher.development.
(e)(d)(d) A proposed development authorized under this subsection must be administratively approved and no further action by the board of county commissioners is required if the development satisfies the county’s land development regulations for multifamily developments in areas zoned for such use and is otherwise consistent with the comprehensive plan, with the exception of provisions establishing allowable densities, floor area ratios, height, and land use.
A proposed development located within one-quarterone- quarter mile of a military installation identified in s.
(f)1.(e)(e)1. A county must consider reducing parking requirements for a proposed development authorized under this subsection if the development is located within one-quarter one- half mile of a major transit stop, as defined in the county’s land development code, and the major transit stop is accessible from the development.
A county must consider reducing parking requirements for a proposed development authorized under this subsection if the development is located within one-quarter one-half mile of a major transit stop, as defined in the county’s land development code, and the major transit stop is accessible from the development.
A county must reduce parking requirements by 20 percent for a proposed development authorized under this subsection if the development:development is located within one-half mile of a major transportation hub that is accessible from the development by safe, pedestrian- friendly means, such as sidewalks, crosswalks, elevated pedestrian or bike paths, or other multimodal design features.
a.Page 5 of 22 CODING:
Is located within one-half mile of a major transportation hub that is accessible from the proposed Page 6 of 26 CODING:
Florida Senate - 2024 CS(Corrected forCopy) CS for SB 328 594-02702A-24578-01993-24 2024328c22024328c1 development3. by safe, pedestrian-friendly means, such as sidewalks, crosswalks, elevated pedestrian or bike paths, or other multimodal design features;
andA b.county must eliminate parking requirements for a proposed mixed-use residential development authorized under this subsection within an area recognized by the county as a transit- oriented development or area, as provided in paragraph (g).
Has available parking within 600 feet of the proposed development which may consist of options such as on-street parking, parking lots, or parking garages available for use by residents of the proposed development.
3.
A county must eliminate parking requirements for a proposed mixed-use residential development authorized under this subsection within an area recognized by the county as a transit- oriented development or area, as provided in paragraph (h).
(g)(f)(f) For proposed multifamily developments in an unincorporated area zoned for commercial or industrial use which is within the boundaries of a multicounty independent special district that was created to provide municipal services and is not authorized to levy ad valorem taxes, and less than 20 percent of the land area within such district is designated for commercial or industrial use, a county must authorize, as provided in this subsection, such development only if the development is mixed-use residential.
(h)(g) A proposed development authorized under this subsectionsection which is located within a transit-oriented development or area, as recognized by the county, must be mixed-use residential and otherwise comply with requirements of the county’s regulations applicable to the transit-oriented development or area except Pagefor 7use, ofheight, 26density, CODING:and floor area ratio as provided in this section or as otherwise agreed to by the county and the applicant for the development.
(h) Except as otherwise provided in this subsection, a development authorized under this subsection must comply with all applicable state and local laws and regulations.
(i)(h) This subsection does not apply to airport-impacted Page 6 of 22 CODING:
Florida Senate - 2024 CS(Corrected forCopy) CS for SB 328 594-02702A-24578-01993-24 2024328c22024328c1 forareas use, height, density, and floor area ratio as provided in thiss. subsection or as otherwise agreed to by the county and the applicant for the development.
(i)(g)333.03 Exceptproperty defined as otherwiserecreational provided in this subsection, a development authorized under this subsection must comply with all applicable state and localcommercial lawsworking andwaterfront regulations.in s.
(j)1.
Nothing in this subsection precludes a county from granting a bonus, variance, conditional use, or other special exception for height, density, or floor area ratio in addition to the height, density, and floor area ratio requirements in this subsection.
2.
Nothing in this subsection precludes a proposed development authorized under this subsection from receiving a bonus for density, height, or floor area ratio pursuant to an ordinance or regulation of the jurisdiction where the proposed development is located if the proposed development satisfies the conditions to receive the bonus except for any condition which conflicts with this subsection.
(k)(h) This subsection does not apply to:
1.
Airport-impacted areas as provided in s.
333.03.
2.
Property defined as recreational and commercial working waterfront in s.
(l)(i)(j)(i) This subsection expires October 1, 2033.
If at any point during the development’s affordability period the Pagedevelopment 8violates ofthe 26affordability CODING:period requirement provided in paragraph (7)(a), the development must be allowed a reasonable time to cure such violation.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 CS for CS for SB 328 594-02702A-24 2024328c2 development violates the affordability period requirement provided in paragraph (7)(a), the development must be allowed a reasonable time to cure such violation.
Notwithstanding any other law, local ordinance, or regulation to the contrary, a municipality may not require a proposed multifamily development to obtain a zoning or land use change, special exception, conditional use approval, variance, or comprehensive plan amendmentPage for7 theof building22 height,CODING: zoning, and densities authorized under this subsection.
For mixed-use residential projects, at least 65 percent of the total square footage must be used for residential purposes.
(b) A municipality may not restrict the density of a proposed development authorized under this subsection below the highest currently allowed density on any land in the municipality where residential development is allowed under the municipality’s land development regulations.
For purposes of this paragraph, the term “highest currently allowed density” Page 9 of 26 CODING:
Florida Senate - 2024 CS(Corrected forCopy) CS for SB 328 594-02702A-24578-01993-24 2024328c22024328c1 doesamendment notfor include the densitybuilding ofheight, anyzoning, developmentand thatdensities metauthorized theunder requirements of this subsectionsubsection. or the density of any development which has received any bonus, variance, or other special exception for density provided in the municipality’s land development regulations as an incentive for development.
(c)For Amixed-use municipalityresidential mayprojects, notat restrictleast the65 floorpercent area ratio of a proposed development authorized under this subsection below the highesttotal currentlysquare allowedfootage floormust areabe ratioused onfor anyresidential landpurposes. in the municipality where development is allowed under the municipality’s land development regulations.
For(b) purposesA ofmunicipality thismay paragraph,not restrict the termdensity “highestor currently allowed floor area ratio”ratio doesof nota includeproposed thedevelopment floorauthorized areaunder ratiothis ofsubsection anybelow development that met the requirementshighest ofcurrently thisallowed subsectiondensity or the floor area ratio ofon any developmentland whichin hasthe receivedmunicipality anywhere bonus,residential variance,development oris otherallowed specialunder exception for floor area ratio provided in the municipality’s land development regulationsregulations. as an incentive for development.
ForThe purposescurrently ofallowed thisdensity subsection,or floor area ratio does not include the termdensity “flooror floor area ratio”ratio includesof any development that meets the requirements of this subsection or any bonus, variance, or other special exception for density or floor lotarea ratio.ratio provided in the municipality’s land development regulations as an incentive for development.
(d)1.(c)(c) A municipality may not restrict the height of a proposed development authorized under this subsection below the highest currently allowed height for a commercial or residential building development located in its jurisdiction within one- quarter 1 mile of the proposed development or 3 stories, whichever is higher.
ForIf purposes of this paragraph, the termheight “highestof currentlyeach allowedbuilding height”on doesproperty notadjacent includeto the heightproposed of any development thatis met3 thestories requirementsor ofless, thisthe subsectionmunicipality ormay restrict the height ofto any135 developmentpercent whichof hasthe receivedtallest anybuilding bonus,on variance,property oradjacent otherto special exception for height provided in the municipality’sproposed land development regulationsor as3 anstories, incentivewhichever foris development.higher.
The currently allowed height does not include the height of any development that meets the requirements of this subsection or any bonus, variance, or other special exception for height provided in the municipality’s land development regulations as an incentive for Page 108 of 2622 CODING:
Florida Senate - 2024 CS(Corrected forCopy) CS for SB 328 594-02702A-24578-01993-24 2024328c22024328c1 2.development.
If(d) theA proposed development isauthorized adjacentunder to,this onsubsection twomust orbe moreadministratively sides,approved aand parcelno zonedfurther foraction single-familyby residentialthe usegoverning thatbody isof withinthe amunicipality single-familyis residentialrequired developmentif withthe atdevelopment leastsatisfies 25the contiguousmunicipality’s single-familyland homes,development theregulations municipalityfor maymultifamily restrictdevelopments thein heightareas ofzoned thefor proposedsuch developmentuse toand 150is percentotherwise ofconsistent with the tallestcomprehensive buildingplan, onwith propertythe withinexception one-quarter mile of theprovisions proposedestablishing developmentallowable ordensities, 3height, stories,and whicheverland isuse. higher.
(e)(d) A proposed development authorized under this subsection must be administratively approved and no further action by the governing body of the municipality is required if the development satisfies the municipality’s land development regulations for multifamily developments in areas zoned for such use and is otherwise consistent with the comprehensive plan, with the exception of provisions establishing allowable densities, floor area ratios, height, and land use.
(f)1.(e)(e)1. A municipality must consider reducing parking requirements for a proposed development authorized under this subsection if the development is located within one-quarter one- half mile of a major transit stop, as defined in the municipality’s land development code, and the major transit stop is accessible from the development.
A municipality must consider reducing parking requirements for a proposed development authorized under this subsection if the development is located within one-quarter one- half mile of a major transit stop, as defined in the municipality’s land development code, and the major transit stop is accessible from the development.
A municipality must reduce parking requirements byfor 20a Pageproposed 11development authorized under this subsection if the development is located within one-half mile of 26a CODING:major transportation hub that is accessible from the development by safe, pedestrian-friendly means, such as sidewalks, crosswalks, elevated pedestrian or bike paths, or other multimodal design features.
Page 9 of 22 CODING:
Florida Senate - 2024 CS(Corrected forCopy) CS for SB 328 594-02702A-24578-01993-24 2024328c22024328c1 percent3. for a proposed development authorized under this subsection if the development:
a.A municipality must eliminate parking requirements for a proposed mixed-use residential development authorized under this subsection within an area recognized by the municipality as a transit-oriented development or area, as provided in paragraph (g).
Is located within one-half mile of a major transportation hub that is accessible from the proposed development by safe, pedestrian-friendly means, such as sidewalks, crosswalks, elevated pedestrian or bike paths, or other multimodal design features.
b.
Has available parking within 600 feet of the proposed development which may consist of options such as on-street parking, parking lots, or parking garages available for use by residents of the proposed development.
3.
A municipality must eliminate parking requirements for a proposed mixed-use residential development authorized under this subsection within an area recognized by the municipality as a transit-oriented development or area, as provided in paragraph (h).
(g)(f)(f) A municipality that designates less than 20 percent of the land area within its jurisdiction for commercial or industrial use must authorize a proposed multifamily development as provided in this subsection in areas zoned for commercial or industrial use only if the proposed multifamily development is mixed-use residential.
(h)(g) A proposed development authorized under this subsectionsection which is located within a transit-oriented development or area, as recognized by the municipality, must be mixed-use residential Pageand 12otherwise comply with requirements of 26the CODING:municipality’s regulations applicable to the transit-oriented development or area except for use, height, density, and floor area ratio as provided in this section or as otherwise agreed to by the municipality and the applicant for the development.
(h) Except as otherwise provided in this subsection, a development authorized under this subsection must comply with all applicable state and local laws and regulations.
(i)(h) This subsection does not apply to airport-impacted areas as provided in s.
333.03 property defined as recreational and commercial working waterfront in s.
342.201(2)(b) in any Page 10 of 22 CODING:
Florida Senate - 2024 CS(Corrected forCopy) CS for SB 328 594-02702A-24578-01993-24 2024328c22024328c1 and otherwise comply with requirements of the municipality’s regulations applicable to the transit-oriented development or area exceptzoned for use, height, density, and floor area ratio as providedindustrial. in this subsection or as otherwise agreed to by the municipality and the applicant for the development.
(i)(g)(j)(i) ExceptThis as otherwise provided in this subsection, a development authorized under this subsection mustexpires complyOctober with1, all2033. applicable state and local laws and regulations.
(j)1.(8) Any development authorized under paragraph (7)(a) must be treated as a conforming use even after the expiration of subsection (7) and the development’s affordability period as provided in paragraph (7)(a), notwithstanding the municipality’s comprehensive plan, future land use designation, or zoning.
Nothing in this subsection precludes a municipality from granting a bonus, variance, conditional use, or other special exception to height, density, or floor area ratio in addition to the height, density, and floor area ratio requirements in this subsection.
2.
Nothing in this subsection precludes a proposed development authorized under this subsection from receiving a bonus for density, height, or floor area ratio pursuant to an ordinance or regulation of the jurisdiction where the proposed development is located if the proposed development satisfies the conditions to receive the bonus except for any condition which conflicts with this subsection.
(k)(h) This subsection does not apply to:
1.
Airport-impacted areas as provided in s.
333.03.
2.
Property defined as recreational and commercial working waterfront in s.
342.201(2)(b) in any area zoned as industrial.
(l)(i) This subsection expires October 1, 2033.
(8) Any development authorized under paragraph (7)(a) must be treated as a conforming use even after the expiration of subsection (7) and the development’s affordability period as provided in paragraph (7)(a), notwithstanding the municipality’s Page 13 of 26 CODING:
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words underlined are additions.
Florida Senate - 2024 CS for CS for SB 328 594-02702A-24 2024328c2 comprehensive plan, future land use designation, or zoning.
“Newly constructed” means an improvement or the substantial rehabilitation of an existing improvement to real property which was substantially completed within 5 years before the date of an applicant’s first submission of a request for a certification notice or an application for an exemption pursuant to this subsection section, whichever is earlier.
4.
“Substantial rehabilitation” means the repair or restoration of a unit which increases the market value of such Page 11 of 22 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 (Corrected Copy) CS for SB 328 578-01993-24 2024328c1 unit by at least 40 percent.
Are within a newly constructed multifamily project Pagethat 14contains ofmore 26than CODING:70 units dedicated to housing natural persons or families meeting the income limitations provided in paragraph (d);
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 CS for CS for SB 328 594-02702A-24 2024328c2 that contains more than 70 units dedicated to housing natural persons or families meeting the income limitations provided in paragraph (d);
(c) If a unit that in the previous year received qualified for the exemption under this subsection and was occupied by a tenant is vacant on January 1, the vacant unit is eligible for thePage exemption12 if the use of the22 unitCODING: is restricted to providing affordable housing that would otherwise meet the requirements of this subsection and a reasonable effort is made to lease the unit to eligible persons or families.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 (Corrected Copy) CS for SB 328 578-01993-24 2024328c1 the exemption if the use of the unit is restricted to providing affordable housing that would otherwise meet the requirements of this subsection and a reasonable effort is made to lease the unit to eligible persons or families.
Seventy-five percent of the assessed value of the units in multifamily projects that meet the requirements of this subsection and are Qualified property used to house natural persons or families whose annual household income is greater than 80 percent but not more than 120 percent of the median Pageannual 15adjusted ofgross 26income CODING:for households within the metropolitan statistical area or, if not within a metropolitan statistical area, within the county in which the person or family resides;
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 CS for CS for SB 328 594-02702A-24 2024328c2 annual adjusted gross income for households within the metropolitan statistical area or, if not within a metropolitan statistical area, within the county in which the person or family resides;
(e)Page To13 beof eligible22 toCODING: receive an exemption under this subsection, a property owner must submit an application on a form prescribed by the department by March 1 for the exemption, accompanied by a certification notice from the corporation to the property appraiser.
The property appraiser shall review the application and determine whether the applicant meets all of the requirements of this subsection and is entitled to an exemption.
A property appraiser may request and review additional information necessary to make such determination.
A property appraiser may grant an exemption only for a property for which Page 16 of 26 CODING:
Florida Senate - 2024 CS(Corrected forCopy) CS for SB 328 594-02702A-24578-01993-24 2024328c22024328c1 the(e) corporationTo hasbe issuedeligible to receive an exemption under this subsection, a certificationproperty noticeowner andmust whichsubmit an application on a form prescribed by the propertydepartment appraiserby determinesMarch is1 entitledfor the exemption, accompanied by a certification notice from the corporation to anthe exemption.property appraiser.
The property appraiser shall review the application and determine whether the applicant meets all of the requirements of this subsection and is entitled to an exemption.
A property appraiser may request and review additional information necessary to make such determination.
A property appraiser may grant an exemption only for a property for which the corporation has issued a certification notice and which the property appraiser determines is entitled to an exemption.
If the units for which the property owner seeks an exemption have been substantially rehabilitated but have not been certified previously by the corporation pursuant to paragraph (g), a market value analysis meeting the requirements Page 14 of 22 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 (Corrected Copy) CS for SB 328 578-01993-24 2024328c1 of paragraph (m) demonstrating that the units meet the definition of substantial rehabilitation in subparagraph (a)4.
After receiving an initial certification notice for substantially rehabilitated units, a property owner is not required to submit a new market value analysis when requesting certification notices for subsequent years.
5.
If the corporation determines that the property meets the eligibility criteria for an exemption under this subsection, the corporation must send a certification notice to the property Pageowner 17and ofthe 26property CODING:appraiser.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 CS for CS for SB 328 594-02702A-24 2024328c2 owner and the property appraiser.
(i) The property appraiser shall review the application and determinePage if15 theof applicant22 isCODING: entitled to an exemption.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 (Corrected Copy) CS for SB 328 578-01993-24 2024328c1 determine if the applicant is entitled to an exemption.
(j)(k) Units subject to an agreement with the corporation pursuant to chapter 420 recorded in the official records of the Pagecounty 18in ofwhich 26the CODING:property is located to provide housing to natural persons or families meeting the extremely-low-income, very-low-income, or low-income limits specified in s.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 CS for CS for SB 328 594-02702A-24 2024328c2 county in which the property is located to provide housing to natural persons or families meeting the extremely-low-income, very-low-income, or low-income limits specified in s.
paragraph (f) must identify the fair market value rent of each unit for which a property owner seeks an exemption.Page 16 of 22 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 (Corrected Copy) CS for SB 328 578-01993-24 2024328c1 exemption.
(m)(n)(m) TheA corporationmarket mayvalue adoptanalysis rulessubmitted toas implementrequired thisby section.subparagraph (f)4.
(n)(o)must Thisidentify subsectionthe firstchange appliesin the market value of the unit attributable to the 2024rehabilitation taxof rollthe andunit, isexpressed repealedas Decembera 31,percentage 2059.of the market value before the rehabilitation, for each unit that has undergone rehabilitation.
Only a certified general appraiser as defined in s.
475.611 may issue a market value analysis.
The certified general appraiser must be independent of the property owner who requests the market value analysis.
In preparing the market value analysis, a certified general appraiser shall comply with the standards of professional practice pursuant to part II of chapter 475 and use comparable property within the same geographic area and of the same type as the property for which the exemption is sought.
(n) The corporation may adopt rules to implement this section.
(o) This subsection first applies to the 2024 tax roll and is repealed December 31, 2059.
PresentThe subsectionsamendments (6)made andby (7)this ofact section 196.1979, Florida Statutes, are redesignated as subsections (8) and (9), respectively, new subsections (6) and (7) are added to thats. section, and paragraph (b) of subsection (1), subsection (2), paragraphs (d), (f), and (l) of subsection (3), and subsection (5) of that section are amended, to read:
196.1978, Florida Statutes, are intended to be remedial and clarifying in Page 1917 of 2622 CODING:
Florida Senate - 2024 CS(Corrected forCopy) CS for SB 328 594-02702A-24578-01993-24 2024328c22024328c1 196.1979nature County and municipalapply affordableretroactively housingto propertyJanuary exemption.—1, (1)2024. (b) Qualified property may receive an ad valorem property tax exemption of:
1.
Up to 75 percent of the assessed value of each residential unit used to provide affordable housing if fewer than 100 percent of the multifamily project’s residential units are used to provide affordable housing meeting the requirements of this section.
2.
Up to 100 percent of the assessed value of each residential unit used to provide affordable housing if 100 percent of the multifamily project’s residential units are used to provide affordable housing meeting the requirements of this section.
(2) If a residential unit that in the previous year received qualified for the exemption under this section and was occupied by a tenant is vacant on January 1, the vacant unit may qualify for the exemption under this section if the use of the unit is restricted to providing affordable housing that would otherwise meet the requirements of this section and a reasonable effort is made to lease the unit to eligible persons or families.
(3) An ordinance granting the exemption authorized by this section must:
(d) Require the local entity to verify and certify property that meets the requirements of the ordinance as qualified property and forward the certification to the property owner and the property appraiser.
If the local entity denies the Page 20 of 26 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 CS for CS for SB 328 594-02702A-24 2024328c2 application for certification exemption, it must notify the applicant and include reasons for the denial.
(f) Require the property owner to submit an application for exemption, on a form prescribed by the department, accompanied by the certification of qualified property, to the property appraiser no later than the deadline specified in s.
196.011 March 1.
(l) Require the county or municipality to post on its website a list of certified properties receiving the exemption for the purpose of facilitating access to affordable housing.
(5) An ordinance adopted under this section must expire before the fourth January 1 after adoption;
however, the board of county commissioners or the governing body of the municipality may adopt a new ordinance to renew the exemption.
The board of county commissioners or the governing body of the municipality shall deliver a copy of an ordinance adopted under this section to the department and the property appraiser within 10 days after its adoption, but no later than January 1 of the year such exemption will take effect.
If the ordinance expires or is repealed, the board of county commissioners or the governing body of the municipality must notify the department and the property appraiser within 10 days after its expiration or repeal, but no later than January 1 of the year the repeal or expiration of such exemption will take effect.
(6) The property appraiser shall review each application for exemption and determine whether the applicant meets all of the requirements of this section and is entitled to an exemption.
A property appraiser may request and review additional information necessary to make such determination.
A Page 21 of 26 CODING:
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Florida Senate - 2024 CS for CS for SB 328 594-02702A-24 2024328c2 property appraiser may grant an exemption only for a property for which the local entity has certified as qualified property and which the property appraiser determines is entitled to an exemption.
(7) When determining the value of a unit for purposes of applying an exemption pursuant to this section, the property appraiser must include in such valuation the proportionate share of the residential common areas, including the land, fairly attributable to such unit.
The amendments made by this act to ss.
196.1978 and 196.1979, Florida Statutes, are intended to be remedial and clarifying in nature and apply retroactively to January 1, 2024.
Section 6.
(a) A proposed development near a runway within one-quarter10,000 offeet a mile laterally from the runway edge and within an area that is the width of one-quarter of a mile extending at right angles from the endnearest ofpoint the runway for a distance of 10,000 feet of any existing airport runway or planned airport runway identified in the local government’s airport master plan.
(b) A proposed development within any airport noise zone identified in the federal land use compatibility tabletable. or in a land-use zoning or airport noise regulation adopted by the local government.
(c) A proposed development that exceeds maximum height Pagerestrictions 22identified ofin 26the CODING:political subdivision’s airport zoning regulation adopted pursuant to this section.
WordsSection stricken6. are deletions;
words underlined are additions.
Florida Senate - 2024 CS for CS for SB 328 594-02702A-24 2024328c2 restrictions identified in the political subdivision’s airport zoning regulation adopted pursuant to this section.
Section 7.
Section 8.7.
Subsection (3) of section 420.5096, Florida Statutes,Page is18 amendedof to22 read:CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 (Corrected Copy) CS for SB 328 578-01993-24 2024328c1 Statutes, is amended to read:
The requirement to be a first-time Pagehomebuyer 23does not apply to a borrower who is an active duty servicemember of 26a CODING:branch of the armed forces or the Florida National Guard, as defined in s.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 CS for CS for SB 328 594-02702A-24 2024328c2 homebuyer does not apply to a borrower who is an active duty servicemember of a branch of the armed forces or the Florida National Guard, as defined in s.
Section 9.8.
(b) Been convicted or found guilty of, or entered a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction which directly relates to the financing,Page construction,19 or management of affordable22 housingCODING: or the fraudulent procurement of state or federal funds.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 (Corrected Copy) CS for SB 328 578-01993-24 2024328c1 financing, construction, or management of affordable housing or the fraudulent procurement of state or federal funds.
(e) Offered or given consideration, other than the consideration to provide affordable housing, with respect to a Pagelocal 24contribution. of 26 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 CS for CS for SB 328 594-02702A-24 2024328c2 local contribution.
(a) Preclude such applicant or affiliate from applying for fundingPage from20 anyof corporation22 programCODING: for a specified period.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 (Corrected Copy) CS for SB 328 578-01993-24 2024328c1 funding from any corporation program for a specified period.
(3) Before any order issued under this section can be final, an administrative complaint must be served on the Pageapplicant, 25affiliate of 26the CODING:applicant, or its registered agent that provides notification of findings of the board, the intended action, and the opportunity to request a proceeding pursuant to ss.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 CS for CS for SB 328 594-02702A-24 2024328c2 applicant, affiliate of the applicant, or its registered agent that provides notification of findings of the board, the intended action, and the opportunity to request a proceeding pursuant to ss.
Section 10.9.
For the 2024-2025 fiscal year, from the funds received and deposited into the General Revenue Fund from the state’s allocation from the federal Coronavirus State Fiscal RecoveryPage Fund21 created under the American Rescue Plan Act of 2021,22 Pub.CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 (Corrected Copy) CS for SB 328 578-01993-24 2024328c1 Recovery Fund created under the American Rescue Plan Act of 2021, Pub.
Section 11.10.
Page 2622 of 2622 CODING:
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View plain text versions (5)
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- S 328 e1 View text pdf
- S 328 er View text Current pdf
- Introduced S 328 Filed pdf
Action History
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Chapter No. 2024-188, companion bill(s) passed, see CS/HB 7073 (Ch. 2024-158)
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Approved by Governor
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Signed by Officers and presented to Governor
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Ordered enrolled
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CS passed; YEAS 112, NAYS 1
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Read 3rd time
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Added to Third Reading Calendar
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Placed on 3rd reading
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Read 2nd time
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Substituted for CS/CS/HB 1239
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1st Reading (Engrossed 1)
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Bill added to Special Order Calendar (2/27/2024)
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Bill referred to House Calendar
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In Messages
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Immediately certified
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CS passed as amended; YEAS 40 NAYS 0
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Read 3rd time
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Amendment(s) adopted (155140, 204708)
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Read 2nd time
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CS/CS by Fiscal Policy read 1st time
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Placed on Special Order Calendar, 02/07/24
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Placed on Calendar, on 2nd reading
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Pending reference review -under Rule 4.7(2) - (Committee Substitute)
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CS/CS by- Fiscal Policy; YEAS 19 NAYS 0
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On Committee agenda-- Fiscal Policy, 01/31/24, 9:00 am, 110 Senate Building
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On Committee agenda-- Fiscal Policy, 01/18/24, 1:30 pm, 412 Knott Building --Temporarily Postponed
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Now in Fiscal Policy
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CS by Community Affairs read 1st time
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Pending reference review under Rule 4.7(2) - (Committee Substitute)
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CS by Community Affairs; YEAS 8 NAYS 0
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Introduced
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On Committee agenda-- Community Affairs, 01/09/24, 4:30 pm, 401 Senate Building
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Referred to Community Affairs; Fiscal Policy
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Filed
Sponsors
- Fiscal Policy · Primary
- Community Affairs · Primary
- Alexis Calatayud · Primary
- Rosalind Osgood · Cosponsor
- Stewart · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →3 sponsors · 2 co-sponsors · 159 not signed on · 1 voted No
Sponsors (3)
- Fiscal Policy
- Community Affairs
- Calatayud, Alexis Republican
Co-sponsors (2)
- Osgood, Rosalind Democrat
- Stewart
Not signed on (159)
159 members have not signed on to this bill.
Show all 159 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 63 | 0 | 0 | 3 |
| Democrat | 25 | 1 | 0 | 2 |
| Unaffiliated | 24 | 0 | 0 | 1 |
| Total | 112 | 1 | 0 | 6 |
| % of votes cast | 94% | 1% | 0% | 5% |
How each member voted (119)
| Member | Party | Vote |
|---|---|---|
| Altman | — | Yea |
| Payne | — | Yea |
| Amesty | — | Yea |
| Fine | — | Yea |
| Renner | — | Yea |
| Roach | — | Yea |
| Bell | — | Yea |
| Grant | — | Yea |
| Beltran | — | Yea |
| Rommel | — | Yea |
| Benjamin | — | Yea |
| Roth | — | Yea |
| Rudman | — | Yea |
| Silvers | — | Yea |
| Keen | — | Yea |
| Killebrew | — | Yea |
| Stevenson | — | Yea |
| Caruso | — | Yea |
| Temple | — | Yea |
| Tomkow | — | Yea |
| Clemons | — | Yea |
| Waldron | — | Yea |
| Williams | — | Yea |
| Casello | — | Not Voting |
| Lopez, V. | — | Yea |
| Antone, Bruce Hadley | Democrat | Yea |
| Arrington, Kristen Aston | Democrat | Yea |
| Bartleman, Robin | Democrat | Yea |
| Bracy Davis, LaVon | Democrat | Yea |
| Campbell, Daryl | Democrat | Yea |
| Chambliss, Kevin D. | Democrat | Not Voting |
| Cross, Lindsay | Democrat | Yea |
| Daley, Dan | Democrat | Yea |
| Daniels, Kimberly | Democrat | Yea |
| Driskell, Fentrice | Democrat | Yea |
| Dunkley, Lisa | Democrat | Yea |
| Edmonds, Jervonte "Tae" | Democrat | Yea |
| Eskamani, Dr. Anna V. | Democrat | Yea |
| Franklin II, Gallop | Democrat | Yea |
| Gantt, Ashley Viola | Democrat | Nay |
| Gottlieb, Michael "Mike" | Democrat | Yea |
| Gregory, Emily | Democrat | Not Voting |
| Harris, Jennifer "Rita" | Democrat | Yea |
| Hart-Lowman, Dianne "Ms Dee" | Democrat | Yea |
| Hinson, Yvonne Hayes | Democrat | Yea |
| Hunschofsky, Christine | Democrat | Yea |
| Joseph, Dotie | Democrat | Yea |
| Nixon, Angela "Angie" | Democrat | Yea |
| Rayner, Michele K. | Democrat | Yea |
| Robinson, Felicia Simone | Democrat | Yea |
| Skidmore, Kelly | Democrat | Yea |
| Tant, Allison | Democrat | Yea |
| Woodson, Marie Paule | Democrat | Yea |
| Abbott, Shane G. | Republican | Yea |
| Alvarez, Daniel Antonio "Danny" | Republican | Yea |
| Anderson, Adam | Republican | Yea |
| Andrade, Robert Alexander "Alex" | Republican | Yea |
| Baker, Jessica | Republican | Yea |
| Bankson, Douglas Michael "Doug" | Republican | Yea |
| Barnaby, Webster | Republican | Yea |
| Basabe, Fabián | Republican | Yea |
| Berfield, Kimberly | Republican | Yea |
| Black, Dean | Republican | Not Voting |
| Borrero, David | Republican | Not Voting |
| Botana, Adam | Republican | Yea |
| Brackett, Robert A. "Robbie" | Republican | Yea |
| Brannan III, Robert Charles "Chuck" | Republican | Yea |
| Buchanan, James | Republican | Yea |
| Busatta, Demi | Republican | Yea |
| Canady, Jennifer | Republican | Yea |
| Cassel, Hillary | Republican | Yea |
| Chamberlin, Ryan | Republican | Yea |
| Chaney, Linda | Republican | Yea |
| Duggan, Wyman | Republican | Yea |
| Esposito, Tiffany | Republican | Yea |
| Fabricio, Tom | Republican | Yea |
| Garcia, Ileana | Republican | Yea |
| Garrison, Sam | Republican | Yea |
| Giallombardo, Mike | Republican | Yea |
| Gonzalez Pittman, Karen | Republican | Yea |
| Gossett-Seidman, Peggy | Republican | Yea |
| Griffitts Jr., Philip Wayne "Griff" | Republican | Yea |
| Holcomb, Jeff | Republican | Yea |
| Jacques, Berny | Republican | Yea |
| Koster, Traci | Republican | Yea |
| LaMarca, Chip | Republican | Yea |
| Leek, Thomas J. "Tom" | Republican | Yea |
| Maggard, Randall Scott "Randy" | Republican | Yea |
| Maney, Patt | Republican | Yea |
| Massullo, Ralph E., Jr. | Republican | Yea |
| McClain, Stan | Republican | Yea |
| McClure, Lawrence | Republican | Yea |
| McFarland, Fiona | Republican | Yea |
| Melo, Lauren | Republican | Yea |
| Michael, Kiyan | Republican | Yea |
| Mooney Jr., James Vernon "Jim" | Republican | Yea |
| Overdorf, Tobin Rogers "Toby" | Republican | Yea |
| Perez, Daniel | Republican | Yea |
| Persons-Mulicka, Jenna | Republican | Yea |
| Plakon, Rachel Saunders | Republican | Yea |
| Plasencia, Susan | Republican | Yea |
| Porras, Juan Carlos | Republican | Yea |
| Redondo, Mike | Republican | Yea |
| Rizo, Alex | Republican | Yea |
| Robinson Jr., William Cloud "Will" | Republican | Yea |
| Salzman, Michelle | Republican | Yea |
| Shoaf, Jason | Republican | Yea |
| Sirois, Tyler I. | Republican | Yea |
| Smith, David | Republican | Yea |
| Snyder, John | Republican | Yea |
| Stark, Paula A. | Republican | Yea |
| Steele, Kevin M. | Republican | Yea |
| Trabulsy, Dana | Republican | Yea |
| Tramont, Chase | Republican | Not Voting |
| Truenow, Keith L. | Republican | Yea |
| Tuck, Kaylee | Republican | Yea |
| Valdés, Susan L. | Republican | Yea |
| Yarkosky, Taylor Michael | Republican | Yea |
| Yeager, Bradford Troy "Brad" | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 22 | 0 | 0 | 0 |
| Democrat | 6 | 0 | 0 | 0 |
| Unaffiliated | 11 | 0 | 0 | 0 |
| No Party Affiliation | 1 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Powell | — | Yea |
| Baxley | — | Yea |
| Book | — | Yea |
| Stewart | — | Yea |
| Hutson | — | Yea |
| Ingoglia | — | Yea |
| Torres | — | Yea |
| Broxson | — | Yea |
| Collins | — | Yea |
| Perry | — | Yea |
| Thompson, Geraldine F. "Geri" | — | Yea |
| Berman, Lori | Democrat | Yea |
| Davis, Tracie | Democrat | Yea |
| Jones, Shevrin D. "Shev" | Democrat | Yea |
| Osgood, Rosalind | Democrat | Yea |
| Polsky, Tina Scott | Democrat | Yea |
| Rouson, Darryl Ervin | Democrat | Yea |
| Pizzo, Jason W. B. | No Party Affiliation | Yea |
| Albritton, Ben | Republican | Yea |
| Boyd, Jim | Republican | Yea |
| Bradley, Jennifer | Republican | Yea |
| Brodeur, Jason | Republican | Yea |
| Burgess, Danny | Republican | Yea |
| Burton, Colleen | Republican | Yea |
| Calatayud, Alexis | Republican | Yea |
| DiCeglie, Nick | Republican | Yea |
| Garcia, Ileana | Republican | Yea |
| Grall, Erin | Republican | Yea |
| Gruters, Joe | Republican | Yea |
| Harrell, Gayle | Republican | Yea |
| Hooper, Ed | Republican | Yea |
| Martin, Jonathan | Republican | Yea |
| Mayfield, Debbie | Republican | Yea |
| Passidomo, Kathleen | Republican | Yea |
| Rodriguez, Ana Maria | Republican | Yea |
| Simon, Corey | Republican | Yea |
| Trumbull, Jay | Republican | Yea |
| Vacant | Republican | Yea |
| Wright, Tom A. | Republican | Yea |
| Yarborough, Clay | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 3 | 0 | 0 | 0 |
| Republican | 11 | 0 | 0 | 1 |
| Unaffiliated | 5 | 0 | 0 | 0 |
| Total | 19 | 0 | 0 | 1 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (20)
| Member | Party | Vote |
|---|---|---|
| Collins | — | Yea |
| Torres | — | Yea |
| Stewart | — | Yea |
| Hutson | — | Yea |
| Thompson, Geraldine F. "Geri" | — | Yea |
| Berman, Lori | Democrat | Yea |
| Jones, Shevrin D. "Shev" | Democrat | Yea |
| Osgood, Rosalind | Democrat | Yea |
| Albritton, Ben | Republican | Not Voting |
| Boyd, Jim | Republican | Yea |
| Burton, Colleen | Republican | Yea |
| Calatayud, Alexis | Republican | Yea |
| DiCeglie, Nick | Republican | Yea |
| Garcia, Ileana | Republican | Yea |
| Mayfield, Debbie | Republican | Yea |
| Rodriguez, Ana Maria | Republican | Yea |
| Simon, Corey | Republican | Yea |
| Trumbull, Jay | Republican | Yea |
| Wright, Tom A. | Republican | Yea |
| Yarborough, Clay | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 1 | 0 | 0 | 0 |
| Democrat | 2 | 0 | 0 | 0 |
| Republican | 4 | 0 | 0 | 0 |
| No Party Affiliation | 1 | 0 | 0 | 0 |
| Total | 8 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (8)
| Member | Party | Vote |
|---|---|---|
| Baxley | — | Yea |
| Berman, Lori | Democrat | Yea |
| Osgood, Rosalind | Democrat | Yea |
| Pizzo, Jason W. B. | No Party Affiliation | Yea |
| Bradley, Jennifer | Republican | Yea |
| Brodeur, Jason | Republican | Yea |
| Calatayud, Alexis | Republican | Yea |
| Martin, Jonathan | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 328 do?
- Affordable Housing; Prohibiting counties and municipalities, respectively, from restricting the floor area ratio of certain proposed developments under certain circumstances; authorizing counties and municipalities, respectively, to restrict the height of proposed developments under certain circumstances; requiring counties and municipalities, respectively, to maintain a certain policy on their websites; revising conditions for when multifamily projects are considered property used for a charitable purpose and are eligible to receive an ad valorem property tax exemption, etc. APPROPRIATION: $100,000,000
- Who sponsors SB 328?
- SB 328 is sponsored by Fiscal Policy, Community Affairs, Calatayud, Alexis (Republican), Osgood, Rosalind (Democrat), and Stewart.
- What is the current status of SB 328?
- This bill has been enacted into law. Introduced January 04, 2024. Enacted.
- Where can I track SB 328?
- Track SB 328 free on One Click Politics — get push/email alerts when it moves.
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