HB 1239 — Affordable Housing

prohibiting certain projects from requiring certain tax credits or bond financing;

amending s.

94 Be It Enacted by the Legislature of the State of Florida:

96 Section 1.

Subsection (7) of section 125.01055, Florida Statutes, is amended, and subsectionssubsection (8) andis (9) are added to that section, to read:

125.01055 Affordable housing.— (7)(a) A county must authorize multifamily and mixed-use residential as allowable uses on any site owned by a county and in any area zoned for commercial, industrial, or mixed use, or any zoning district permitting commercial, industrial, or mixed uses, if at least 40 percent of the residential units in a Page 5of4of 3832 CODING:

hb1239-02-c2hb1239-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1239CS/HB1239 2024 residential as allowable uses in any area zoned for commercial, industrial, or mixed use if at least 40 percent of the residential units in a proposed multifamily rental development are rental units that, for a period of at least 30 years, are affordable as defined in s.

(c) A county may not restrict the floor area ratio of a proposed development authorized under this subsection below 150 percent of the highest currently allowed floor area ratio on any unincorporated land in the county where development is allowed Page 6of5of 3832 CODING:

hb1239-02-c2hb1239-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1239CS/HB1239 2024 proposed development authorized under this subsection below 150 percent of the highest currently allowed floor area ratio on any unincorporated land in the county where development is allowed under the county's land development regulations.

If the proposed development is adjacent to, on two or more sides, a parcel zoned for single-family residential use which is within a single-family residential development with at least 25 contiguous single-family homes, the county may restrict the height of the proposed development to 150 percent of the Page 7of6of 3832 CODING:

hb1239-02-c2hb1239-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1239CS/HB1239 2024 which is within a single-family residential development with at least 25 contiguous single-family homes, the county may restrict the height of the proposed development to 150 percent of the tallest building on any property adjacent to the proposed development, the highest currently allowed height for the property provided in the county's land development regulations, or 3 stories, whichever is higher.

(e)1.(d)(e)(d) A proposed development authorized under this subsection must be administratively approved and no public hearings or any further action by the board of county commissioners or any other quasi-judicial board or reviewing body 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.

2.

A county may not restrict the maximum lot size of a proposed development authorized under this paragraph below the highest currently allowed maximum lot size on any unincorporated land in the county where multifamily or mixed-use residential development is allowed under the county's land development regulations.

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hb1239-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1239 2024 3.

(f)1.(e)Page A7of county32 mustCODING: reduce consider reducing parking requirements by at least 20 percent for a proposed development authorized under this subsection if the development:

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hb1239-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1239 2024 (f)1.(e) 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.

2.

A county must reduce parking requirements by at least 20 percent for a proposed development authorized under this subsection if the development:

Is located within one-quarter one-half mile of a major transittransportation stop,hub asthat definedis inaccessible from the county'sproposed land development code,by andsafe, thepedestrian-friendly majormeans, transitsuch stopas issidewalks, accessiblecrosswalks, fromelevated thepedestrian development.or bike paths, or other multimodal design features;

and b.

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.

c.

2.3.

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- Pageoriented 9ofdevelopment 38or CODING:area, as provided in paragraph (h).

4.

For purposes of this paragraph, the term "major Page 8of 32 CODING:

hb1239-02-c2hb1239-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1239CS/HB1239 2024 orientedtransportation developmenthub" means any transit station, whether bus, train, or area,light asrail, providedwhich inis paragraphserved (h).by public transit with a mix of other transportation options.

3.

For purposes of this paragraph, the term "major transportation hub" means any transit station, whether bus, train, or light rail, which is served by public transit with a mix of other transportation options.

(i)(g) Except as otherwise provided in this subsection, a development authorized under this subsection must comply with Pageall 10applicable of38state CODING:and local laws and regulations.

(j)1.

Nothing in this subsection precludes a county from Page 9of 32 CODING:

hb1239-02-c2hb1239-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1239CS/HB1239 2024 allgranting applicablea statebonus, andvariance, localconditional lawsuse, or other special exception for height, density, or floor area ratio in addition to the height, density, and regulations.floor area ratio requirements in this subsection.

(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.

(k)(k)(h) AsThis usedsubsection indoes thisnot subsection,apply theto: term "commercial use" means activities associated with the sale, rental, or distribution of products or the sale or performance of services.

The term includes, but is not limited to, retail, office, entertainment, and other for-profit business activities.

(1)(h) This subsection does not apply to:

Page(l)(i) 11This of38subsection CODING: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 county's comprehensive plan, future land use designation, or zoning.

If at any point during the development's affordability period the Page 10 of32 CODING:

hb1239-02-c2hb1239-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1239CS/HB1239 2024 (m)(i)development Thisviolates subsectionthe expiresaffordability Octoberperiod 1,requirement 2033.provided in paragraph (7)(a), the development must be allowed a reasonable time to cure such violation.

(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 county's comprehensive plan, future land use designation, or zoning.

If at any point during the development's affordability period the development violates the affordability period requirement provided in paragraph (7)(a), the development must be allowed a reasonable time to cure such violation.

(9)(a) County review or approval of an application for development permit or development order may not be conditioned upon the waiver, forbearance, or abandonment of any development right authorized by this section.

Any such waiver, forbearance, or abandonment is void.

(b) County review of any application for development of nonresidential uses is limited to the requested uses and may not consider whether other uses are allowed under this section.

Subsection (7) of section 166.04151, Florida Statutes, is amended, and subsectionssubsection (8) andis (9) are added to that section, to read:

166.04151 Affordable housing.— (7)(a) A municipality must authorize multifamily and Pagemixed-use 12residential of38as CODING:allowable uses in any area zoned for commercial, industrial, or mixed use if at least 40 percent of the residential units in a proposed multifamily rental development are rental units that, for a period of at least 30 years, are affordable as defined in s.

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hb1239-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1239 2024 mixed-use residential as allowable uses on any site owned by a municipality and in any area zoned for commercial, industrial, or mixed use, or any zoning district permitting commercial, industrial, or mixed-use uses, if at least 40 percent of the residential units in a proposed multifamily rental development are rental units that, for a period of at least 30 years, are affordable as defined in s.

(b) A municipality may not restrict the density of a proposed development authorized under this subsection below the highestPage currently11 allowedof32 densityCODING: 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" does not include the density of any building that met the requirements of this subsection or the density of any building that has received any bonus, variance, or other special exception for density provided in the municipality's land Page 13 of38 CODING:

hb1239-02-c2hb1239-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1239CS/HB1239 2024 highest currently allowed density on any land in the municipality where residential development regulationsis asallowed anunder incentivethe formunicipality's development.land development regulations.

For purposes of this paragraph, the term "highest currently allowed density" does not include the density of any building that met the requirements of this subsection or the density of any building that has received any bonus, variance, or other special exception for density provided in the municipality's land development regulations as an incentive for development.

(d)1.(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 buildingPage development12 locatedof32 inCODING: its jurisdiction within 1 mile of the proposed development or 3 stories, whichever is higher.

For purposes of this paragraph, the term "highest currently allowed height" does not include the height of any building that met the requirements of this subsection or the height of any building that has received any bonus, variance, or other special exception for height provided in the municipality's land development regulations as an incentive for development.

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hb1239-02-c2hb1239-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1239CS/HB1239 2024 2.building development located in its jurisdiction within 1 mile of the proposed development or 3 stories, whichever is higher.

For purposes of this paragraph, the term "highest currently allowed height" does not include the height of any building that met the requirements of this subsection or the height of any building that has received any bonus, variance, or other special exception for height provided in the municipality's land development regulations as an incentive for development.

2.

(e)1.(d)(e)(d) A proposed development authorized under this subsection must be administratively approved and no public hearings or any further action by the governing body of the municipality or any other quasi-judicial board or reviewing body is required if the development satisfies the municipality's land development regulations for multifamily developments in areas zoned for such usePage and13 isof32 otherwiseCODING: consistent with the comprehensive plan, with the exception of provisions establishing allowable densities, floor area ratios, height, and land use.

Such land development regulations include, but are not limited to, regulations relating to setbacks and parking requirements.

2.

A municipality may not restrict the maximum lot size of Page 15 of38 CODING:

hb1239-02-c2hb1239-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1239CS/HB1239 2024 ause proposedand developmentis authorizedotherwise underconsistent thiswith paragraph below the highestcomprehensive currentlyplan, allowedwith maximum lot size on any unincorporated land in the municipalityexception whereof multifamilyprovisions orestablishing mixed-useallowable residentialdensities, developmentfloor isarea allowedratios, underheight, theand municipality's land developmentuse. regulations.

3.Such land development regulations include, but are not limited to, regulations relating to setbacks and parking requirements.

(f)1.(e) A municipality must reduce consider reducing parking requirements by at least 20 percent for a proposed development authorized under this subsection if the development: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.

2.

A municipality must reduce parking requirements by at least 20 percent 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.

b.

c.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 Page 1614 of38of32 CODING:

hb1239-02-c2hb1239-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1239CS/HB1239 2024 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.

2.

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).

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).

4.

(h) A proposed development authorized under this subsection which is located within a transit-oriented development or area, as recognized by the municipality, must be mixed-use residential and otherwise comply with requirements of the municipality's regulations applicable to the transit- oriented development or area except for use, height, density, floor area ratio, and parking as provided in this subsection or Page 1715 of38of32 CODING:

hb1239-02-c2hb1239-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1239CS/HB1239 2024 oriented development or area except for use, height, density, floor area ratio, and parking as provided in this subsection or as otherwise agreed to by the municipality and the applicant for the development.

(k)(k)(h) AsThis usedsubsection indoes thisnot subsection,apply theto: term "commercial use" means activities associated with the sale, rental, or distribution of products or the sale or performance of services.

The term includes, but is not limited to, retail, office, entertainment, and other for-profit business activities.

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hb1239-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1239 2024 (l)(h) This subsection does not apply to:

Property defined as recreational and commercial working waterfrontPage in16 s.of32 CODING:

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hb1239-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1239 2024 waterfront in s.

(m)(i)(l)(i) This subsection expires October 1, 2033.

(9)(a) Municipality review or approval of an application for development permit or development order may not be conditioned upon the waiver, forbearance, or abandonment of any development right authorized by this section.

Any such waiver, forbearance, or abandonment is void.

(b) Municipality review of any application for development of nonresidential uses is limited to the requested uses and may not consider whether other uses are allowed under this section.

An applicant for a proposed development Pageauthorized 19under of38s. CODING:

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hb1239-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1239 2024 authorized under s.

A county or municipality shall allow an applicant who submitted such application, written request, or notice of intent before the effective date of this act the opportunity to submitPage a17 revisedof32 application,CODING: written request, or notice of intent to account for the changes made by this act.

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hb1239-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1239 2024 submit a revised application, written request, or notice of intent to account for the changes made by this act.

Page192.042(1). 20 of38 CODING:

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hb1239-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1239 2024 192.042(1).

Are within a newly constructed multifamily project that contains more than 70 units dedicated to housing natural personsPage or18 familiesof32 meetingCODING: the income limitations provided in paragraph (d);

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hb1239-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1239 2024 persons or families meeting the income limitations provided in paragraph (d);

Are rented for an amount that does not exceed the amount as specified by the most recent multifamily rental programs income and rent limit chart posted by the corporation and derived from the Multifamily Tax Subsidy Projects Income Limits published by the United States Department of Housing and Urban Development or 90 percent of the fair market value rent as Pagedetermined 21by of38a CODING:rental market study meeting the requirements of paragraph (l) (m), whichever is less.

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hb1239-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1239 2024 determined by a rental market study meeting the requirements of paragraph (l) (m), whichever is less.

Seventy-five percent of the assessed value of the units inPage multifamily19 projectsof32 thatCODING: 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 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;

and, must receive an ad valorem property tax exemption of 75 percent of the assessed value.

b.2.

From ad valorem property taxes 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 does not exceed 80 percent of the median annual adjusted gross income for Page 22 of38 CODING:

hb1239-02-c2hb1239-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1239CS/HB1239 2024 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 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,resides; is exempt from ad valorem property taxes.

and, must receive an ad valorem property tax exemption of 75 percent of the assessed value.

b.2.

From ad valorem property taxes 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 does not exceed 80 percent of the median 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, is exempt from ad valorem property taxes.

(e) To be eligible to receive an exemption under this subsection, a property owner must submit an application on a formPage prescribed20 byof32 theCODING: department by March 1 for the exemption, accompanied by a certification notice from the corporation to the property appraiser.

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hb1239-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1239 2024 form prescribed by the department by March 1 for the exemption, accompanied by a certification notice from the corporation to the property appraiser.

Page1. 23 of38 CODING:

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hb1239-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1239 2024 1.

A sworn statement, under penalty of perjury, from the applicant restricting the property for a period of not less than 3Page years21 toof32 housingCODING: persons or families who meet the income limitations under this subsection.

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hb1239-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1239 2024 3 years to housing persons or families who meet the income limitations under this subsection.

If the corporation determines that the property does Pagenot 24meet of38the CODING:eligibility criteria, the corporation must notify the property owner and include the reasons for such determination.

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hb1239-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1239 2024 not meet the eligibility criteria, the corporation must notify the property owner and include the reasons for such determination.

(i)(j)Page If22 theof32 propertyCODING: appraiser determines that for any year during the immediately previous 10 years a person who was not entitled to an exemption under this subsection was granted such an exemption, the property appraiser must serve upon the owner a notice of intent to record in the public records of the county a notice of tax lien against any property owned by that person in the county, and that property must be identified in the notice of tax lien.

Any property owned by the taxpayer and situated in this state is subject to the taxes exempted by the improper exemption, plus a penalty of 50 percent of the unpaid taxes for each year and interest at a rate of 15 percent per annum.

If an exemption is improperly granted as a result of a clerical mistake or an omission by the property appraiser, the property owner improperly receiving the exemption may not be Page 25 of38 CODING:

hb1239-02-c2hb1239-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1239CS/HB1239 2024 assessed(j) If the property appraiser determines that for any year during the immediately previous 10 years a penaltyperson orwho interest.was not entitled to an exemption under this subsection was granted such an exemption, the property appraiser must serve upon the owner a notice of intent to record in the public records of the county a notice of tax lien against any property owned by that person in the county, and that property must be identified in the notice of tax lien.

Any property owned by the taxpayer and situated in this state is subject to the taxes exempted by the improper exemption, plus a penalty of 50 percent of the unpaid taxes for each year and interest at a rate of 15 percent per annum.

If an exemption is improperly granted as a result of a clerical mistake or an omission by the property appraiser, the property owner improperly receiving the exemption may not be assessed a penalty or interest.

paragraph (f) must identify the fair market valuePage rent23 ofof32 eachCODING: unit for which a property owner seeks an exemption.

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hb1239-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1239 2024 value rent of each unit for which a property owner seeks an exemption.

(n)(o) This subsection first applies to the 2024 tax roll Pageand 26is of38repealed CODING:December 31, 2059.

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hb1239-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1239 2024 and is repealed December 31, 2059.

196.1979 County and municipal affordable housing property exemption.— (1) (b) Qualified property may receive an ad valorem property taxPage exemption24 of:of32 CODING:

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hb1239-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1239 2024 tax exemption of:

(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 Pagequalify 27for of38the CODING: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.

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hb1239-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1239 2024 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.

If the local entity denies the applicationPage for25 certificationof32 exemption,CODING: it must notify the applicant and include reasons for the denial.

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hb1239-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1239 2024 application for certification exemption, it must notify the applicant and include reasons for the denial.

PageThe 28board of38of CODING: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 Page 26 of32 CODING:

hb1239-02-c2hb1239-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1239CS/HB1239 2024 Thefor boardexemption ofand countydetermine commissionerswhether or the governingapplicant bodymeets all of the municipalityrequirements shall deliver a copy of an ordinance adopted under this section to the department and theis propertyentitled appraiserto withinan 10exemption. 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.

196.1978 Pageand 29196.1979, of38Florida CODING:Statutes, are intended to be remedial and clarifying in nature and apply retroactively to January 1, 2024.

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hb1239-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1239 2024 and 196.1979, Florida Statutes, are intended to be remedial and clarifying in nature and apply retroactively to January 1, 2024.

(a) A proposed development near a commercialrunway servicewithin airport,one- asquarter definedof ina s.mile laterally from the runway edge and within an area that is the width of one-quarter of a mile extending at Page 27 of32 CODING:

332.0075(1),Words runwaystrickenare withindeletions; one-quarter of 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 end of the runway for a distance of 10,000 feet of any existing runway or planned runway identified in the local government's airport master plan.

(b)words Aunderlined proposedare developmentadditions. within any airport noise zone identified in the federal land use compatibility table or currently in a land-use zoning or airport noise regulation adopted by the local government.

hb1239-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1239 2024 right angles from the end of 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 table or in a land-use zoning or airport noise regulation adopted by the local government.

420.507 Powers of the corporation.—The corporation shall Pagehave 30all of38the CODING:powers necessary or convenient to carry out and effectuate the purposes and provisions of this part, including the following powers which are in addition to all other powers granted by other provisions of this part:

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hb1239-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1239 2024 have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this part, including the following powers which are in addition to all other powers granted by other provisions of this part:

ParagraphSubsection (b)(3) of subsection (1) of section 420.50871,420.5096, Florida Statutes, is amended,amended and subsection (6) is added to that section, to read:

420.50871Page Allocation28 ofof32 increasedCODING: revenues derived from amendments to s.

201.15 made by ch.

2023-17.—Funds that result from increased revenues to the State Housing Trust Fund derived from amendments made to s.

201.15 made by chapter 2023-17, Laws of Florida, must be used annually for projects under the State Apartment Incentive Loan Program under s.

420.5087 as set forth in this section, notwithstanding ss.

420.507(48) and (50) and 420.5087(1) and (3).

The Legislature intends for these funds to provide for innovative projects that provide affordable and attainable housing for persons and families working, going to school, or living in this state.

Projects approved under this section are intended to provide housing that is affordable as Page 31 of38 CODING:

hb1239-02-c2hb1239-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1239CS/HB1239 2024 defined420.5096 inFlorida Hometown Hero Program.— (3) For loans made available pursuant to s.

420.0004, notwithstanding the income limitations in s.

420.5087(2).

Beginning in the 2023-2024 fiscal year and annually for 10 years thereafter:

(1) The corporation shall allocate 70 percent of the funds provided by this section to issue competitive requests for application for the affordable housing project purposes specified in this subsection.

The corporation shall finance projects that:

(b)1.

Address urban infill, including conversions of vacant, dilapidated, or functionally obsolete buildings or the use of underused commercial property.

2.

As used in this paragraph, the term "urban infill" has the same meaning as in s.

163.3164.

The term includes the development or redevelopment of mobile home parks and manufactured home communities that meet the urban infill criteria, in addition to the criteria of redevelopment of affordable housing development as provided under paragraph (1)(a).

(6) A project financed under this section may not require that low-income housing tax credits under s.

42 of the Internal Revenue Code or tax-exempt bond financing be a part of the financing structure for the project.

Section 10.

Subsection (2) of section 420.50872, Florida Statutes, is amended to read:

420.50872 Live Local Program.— Page 32 of38 CODING:

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words underlined are additions.

hb1239-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1239 2024 (2) RESPONSIBILITIES OF THE CORPORATION;

PROHIBITIONS.— (a) The corporation shall:

1.(a) Expend 100 percent of eligible contributions received under this section for the State Apartment Incentive Loan Program under s.

420.5087.

However, the corporation may use up to $25 million of eligible contributions to provide loans for the construction of large-scale projects of significant regional impact.

Such projects must include a substantial civic, educational, or health care use and may include a commercial use, any of which must be incorporated within or contiguous to the project property.

Such a loan must be made, except as otherwise provided in this subsection, in accordance with the practices and policies of the State Apartment Incentive Loan Program.

Such a loan is subject to the competitive application process and may not exceed 25 percent of the total project cost.

The corporation must find that the loan provides a unique opportunity for investment alongside local government participation that would enable creation of a significant amount of affordable housing.

Projects approved under this section are intended to provide housing that is affordable as defined in s.

420.0004, notwithstanding the income limitations in s.

420.5087(2).

2.(b) Upon receipt of an eligible contribution, provide the taxpayer that made the contribution with a certificate of contribution.

A certificate of contribution must include the Page 33 of38 CODING:

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words underlined are additions.

hb1239-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1239 2024 taxpayer's name;

its federal employer identification number, if available;

the amount contributed;

and the date of contribution.

3.(c) Within 10 days after issuing a certificate of contribution, provide a copy to the Department of Revenue.

(b) A project financed under this section may not require that low-income housing tax credits under s.

42 of the Internal Revenue Code or tax-exempt bond financing be a part of the financing structure for the project.

Section 11.

Subsection (3) of section 420.5096, Florida Statutes, is amended to read:

420.5096 Florida Hometown Hero Program.— (3) For loans made available pursuant to s.

PageSection 3410. of38 CODING:

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hb1239-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1239 2024 Section 12.

(b)Page Been29 convictedof32 orCODING: 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, construction, or management of affordable housing or the fraudulent procurement of state or federal funds.

Words strickenare deletions;

words underlined are additions.

hb1239-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1239 2024 (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, construction, or management of affordable housing or the fraudulent procurement of state or federal funds.

(e) Offered or given consideration, other than the Pageconsideration 35to of38provide CODING:affordable housing, with respect to a local contribution.

(f) Demonstrated a pattern of noncompliance and a failure to correct any such noncompliance after notice from the corporation in the construction, operation, or management of one or more developments funded through a corporation program.

(g) Materially or repeatedly violated any condition imposed by the corporation in connection with the administration of a corporation program, including a land use restriction agreement, an extended use agreement, or any other financing or Page 30 of32 CODING:

hb1239-02-c2hb1239-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1239CS/HB1239 2024 considerationregulatory toagreement provide affordable housing, with respectthe tocorporation. a local contribution.

(f) Demonstrated a pattern of noncompliance and a failure to correct any such noncompliance after notice from the corporation in the construction, operation, or management of one or more developments funded through a corporation program.

(g) Materially or repeatedly violated any condition imposed by the corporation in connection with the administration of a corporation program, including a land use restriction agreement, an extended use agreement, or any other financing or regulatory agreement with the corporation.

Page(b) 36Revoke of38any CODING:funding previously awarded by the corporation for any development for which construction or rehabilitation has not commenced.

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words underlined are additions.

hb1239-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1239 2024 (b) Revoke any funding previously awarded by the corporation for any development for which construction or rehabilitation has not commenced.

(4) Any funding, allocation of federal housing credits, creditPage underwriting31 procedures,of32 orCODING: application review for any development for which construction or rehabilitation has not commenced may be suspended by the corporation upon the service of an administrative complaint on the applicant, affiliate of the applicant, or its registered agent.

Words strickenare deletions;

words underlined are additions.

hb1239-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1239 2024 credit underwriting procedures, or application review for any development for which construction or rehabilitation has not commenced may be suspended by the corporation upon the service of an administrative complaint on the applicant, affiliate of the applicant, or its registered agent.

Section 13.11.

117-2, the sum of $100 million in nonrecurring funds is appropriated to the State Housing Trust Fund for use by the Florida Housing Finance Corporation to implement the Florida PageHometown 37Hero of38Program CODING:established in s.

Words strickenare deletions;

words underlined are additions.

hb1239-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1239 2024 Hometown Hero Program established in s.

Section 14.12.

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