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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1
An act relating to affordable housing; amending ss. 2
125.01055 and 166.04151, F.S.; requiring counties and 3
municipalities, respectively, to authorize multifamily 4
and mixed-use residential uses as allowable uses for 5
specified property; providing requirements for certain 6
proposed developments; specifying that certain 7
proposed developments shall not exclude an assemblage 8
of certain parcels; providing for the expiration of 9
certain provisions; prohibiting counties and 10
municipalities, respectively, from restricting the 11
height of certain proposed developments through other 12
dimensional means and from requiring certain setbacks 13
or stepbacks; revising the definitions of the terms 14
"commercial use" and "industrial use"; revising 15
applicability; providing retroactive applicability; 16
authorizing applicants for certain proposed 17
developments to notify the county or municipality, as 18
applicable, by a specified date of intent to proceed 19
under certain provisions; requiring counties and 20
municipalities to allow certain applicants to submit 21
revised applications, written requests, and notices of 22
intent to account for changes made by the act; 23
amending s. 196.1978, F.S.; creating a definition for 24
"multifamily project"; revising a specified finding 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
that a taxing authority must make in order to elect 26
not to exempt certain property from certain ad valorem 27
taxation; authorizing certain property owners in a 28
multifamily project to apply for and continue to 29
receive an exemption; amending s. 333.03, F.S.; 30
providing an exception to the inapplicability of 31
certain provisions; amending s. 760.22, F.S.; revising 32
the definition of the term "person"; amending s. 33
760.26, F.S.; revising a prohibition on discriminatory 34
practices in land use decisions and in permitting of 35
development to include housing that is affordable; 36
amending s. 760.35, F.S.; waiving the state's 37
sovereign immunity for certain causes of action based 38
upon housing discrimination; providing applicability; 39
amending s. 420.615, F.S.; authorizing a local 40
government to provide a density bonus incentive to 41
landowners who make certain real property donations to 42
assist in the provision of affordable housing for 43
military families; requiring the Office of Program 44
Policy Analysis and Government Accountability to 45
evaluate the efficacy of using mezzanine finance and 46
the potential of tiny homes for specified purposes; 47
requiring the office to consult with certain entities; 48
requiring the office to submit a certain report to the 49
Legislature by a specified date; providing an 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
effective date. 51
52
Be It Enacted by the Legislature of the State of Florida: 53
54
Section 1. Paragraphs (a), (d), (n), and (o) of subsection 55
(7) of section 125.01055, Florida Statutes, are amended to read: 56
125.01055 Affordable housing.— 57
(7)(a)1. A county must authorize multifamily and mixed-use 58
residential as allowable uses in any area zoned for commercial, 59
industrial, or mixed use;, and in portions of any flexibly zoned 60
area such as a planned unit development permitted for 61
commercial, industrial, or mixed use; on property owned by a 62
county, municipality, or school district; and on property that 63
is more than 3 acres in size and owned by a religious 64
institution, as defined in s. 170.201(2), which has contained a 65
house of public worship for at least 10 years before the 66
proposed development, regardless of the underlying zoning, if at 67
least 40 percent of the residential units in a proposed 68
multifamily development are rental units that, for a period of 69
at least 30 years, are affordable as defined in s. 420.0004. 70
Notwithstanding any other law, local ordinance, or regulation to 71
the contrary, a county may not require a proposed multifamily 72
development to obtain a zoning or land use change, special 73
exception, conditional use approval, variance, transfer of 74
density or development units, amendment to a development of 75
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regional impact, or comprehensive plan amendment for the 76
building height, zoning, and densities authorized under this 77
subsection. For mixed-use residential projects, at least 65 78
percent of the total square footage must be used for residential 79
purposes. The county may not require that more than 10 percent 80
of the total square footage of such mixed-use residential 81
projects be used for nonresidential purposes. A proposed 82
development on property owned by a county, municipality, or 83
school district must be within the geographic boundaries of the 84
respective county, municipality, or school district, and the 85
respective county, municipality, or school district must be a 86
party to the application for the proposed development. A 87
proposed development on property owned by a religious 88
institution must be applied for by both the applicant and the 89
religious institution, and the house of public worship must 90
continue to operate on the property after the proposed 91
development is constructed. 92
2. A multifamily or mixed-use residential development 93
proposed under this section shall not exclude an assemblage of 94
parcels under common ownership or control separated by no more 95
than 15 feet of land and limited to public pedestrian access. 96
This subparagraph expires July 1, 2030. 97
(d)1. A county may not restrict the height of a proposed 98
development authorized under this subsection below the highest 99
currently allowed, or allowed on July 1, 2023, height for a 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
commercial or residential building located in its jurisdiction 101
within 1 mile of the proposed development or three stories, 102
whichever is higher. A county may not restrict height below the 103
height authorized under this paragraph through other dimensional 104
means, such as establishing setbacks or stepbacks by height, or 105
require setbacks or stepbacks that are more restrictive than the 106
minimum permitted in the proposed development. For purposes of 107
this paragraph, the term "highest currently allowed height" does 108
not include the height of any building that met the requirements 109
of this subsection or the height of any building that has 110
received any bonus, variance, or other special exception for 111
height provided in the county's land development regulations as 112
an incentive for development. 113
2. If the proposed development is adjacent to, on two or 114
more sides, a parcel zoned for single-family residential use 115
which is within a single-family residential development with at 116
least 25 contiguous single-family homes, the county may restrict 117
the height of the proposed development to 150 percent of the 118
tallest building on any property adjacent to the proposed 119
development, the highest currently allowed, or allowed on July 120
1, 2023, height for the property provided in the county's land 121
development regulations, or three stories, whichever is higher, 122
not to exceed 10 stories. For the purposes of this paragraph, 123
the term "adjacent to" means those properties sharing more than 124
one point of a property line, but does not include properties 125
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separated by a public road. 126
3. If the proposed development is on a parcel with a 127
contributing structure or building within a historic district 128
which was listed in the National Register of Historic Places 129
before January 1, 2000, or is on a parcel with a structure or 130
building individually listed in the National Register of 131
Historic Places, the county may restrict the height of the 132
proposed development to the highest currently allowed, or 133
allowed on July 1, 2023, height for a commercial or residential 134
building located in its jurisdiction within three-fourths of a 135
mile of the proposed development or three stories, whichever is 136
higher. The term "highest currently allowed" in this paragraph 137
includes the maximum height allowed for any building in a zoning 138
district irrespective of any conditions. 139
(n) As used in this subsection, the term: 140
1. "Commercial use" means activities associated with the 141
sale, rental, or distribution of products or the performance of 142
services related thereto. The term includes, but is not limited 143
to, such uses or activities as retail sales; wholesale sales; 144
rentals of equipment, goods, or products; offices; restaurants; 145
public lodging establishments as described in s. 509.242(1)(a); 146
food service vendors; sports arenas; theaters; tourist 147
attractions; and other for-profit business activities. A parcel 148
zoned to permit such uses by right without the requirement to 149
obtain a variance or waiver is considered commercial use for the 150
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purposes of this section, irrespective of the local land 151
development regulation's listed category or title. The term does 152
not include home-based businesses or cottage food operations 153
undertaken on residential property, public lodging 154
establishments as described in s. 509.242(1)(c), or uses that 155
are accessory, ancillary, incidental to the allowable uses, or 156
allowed only on a temporary basis. Recreational uses, such as 157
golf courses, tennis courts, swimming pools, and clubhouses, 158
within an area designated for residential use are not commercial 159
use, irrespective of how they are operated. Farms and farm 160
operations as those terms are defined in s. 823.14(3) and uses 161
associated therewith, including the packaging and sale of 162
products raised on the premises, are not commercial use. 163
2. "Industrial use" means activities associated with the 164
manufacture, assembly, processing, or storage of products or the 165
performance of services related thereto. The term includes, but 166
is not limited to, such uses or activities as automobile 167
manufacturing or repair, boat manufacturing or repair, junk 168
yards, meat packing facilities, citrus processing and packing 169
facilities, produce processing and packing facilities, 170
electrical generating plants, water treatment plants, sewage 171
treatment plants, and solid waste disposal sites. A parcel zoned 172
to permit such uses by right without the requirement to obtain a 173
variance or waiver is considered industrial use for the purposes 174
of this section, irrespective of the local land development 175
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regulation's listed category or title. The term does not include 176
uses that are accessory, ancillary, incidental to the allowable 177
uses, or allowed only on a temporary basis. Recreational uses, 178
such as golf courses, tennis courts, swimming pools, and 179
clubhouses, within an area designated for residential use are 180
not industrial use, irrespective of how they are operated. Farms 181
and farm operations as those terms are defined in s. 823.14(3) 182
and uses associated therewith, including the packaging and sale 183
of products raised on the premises, are not industrial use. 184
3. "Mixed use" means any use that combines multiple types 185
of approved land uses from at least two of the residential use, 186
commercial use, and industrial use categories. The term does not 187
include uses that are accessory, ancillary, incidental to the 188
allowable uses, or allowed only on a temporary basis. 189
Recreational uses, such as golf courses, tennis courts, swimming 190
pools, and clubhouses, within an area designated for residential 191
use are not mixed use, irrespective of how they are operated. 192
4. "Planned unit development" has the same meaning as 193
provided in s. 163.3202(5)(b). 194
(o) This subsection does not apply to: 195
1. Airport-impacted areas as provided in s. 333.03. 196
2. Property defined as recreational and commercial working 197
waterfront in s. 342.201(2)(b) in any area zoned as industrial. 198
3. The Wekiva Study Area, as described in s. 369.316. 199
4. The Everglades Protection Area, as defined in s. 200
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373.4592(2). 201
5. Areas subject to land development regulations, as 202
defined in s. 163.3164, which are in existence before July 1, 203
2026, and are intended to retain the open character of land, 204
including, but not limited to, open space districts, open space 205
recreation districts, open use estate districts, open use rural 206
districts, and park and open space districts. 207
6. Any area of critical state concern, as designated in 208
ss. 380.055, 380.0551, 380.0552, 380.0553, and 380.0555. 209
7. Any portion of a property encumbered by a recorded 210
conservation easement, as defined in s. 704.06(1). 211
Section 2. Paragraphs (a), (d), (n), and (o) of subsection 212
(7) of section 166.04151, Florida Statutes, are amended to read: 213
166.04151 Affordable housing.— 214
(7)(a)1. A municipality must authorize multifamily and 215
mixed-use residential as allowable uses in any area zoned for 216
commercial, industrial, or mixed use;, and in portions of any 217
flexibly zoned area such as a planned unit development permitted 218
for commercial, industrial, or mixed use; on property owned by a 219
county, municipality, or school district; and on property that 220
is more than 3 acres in size and owned by a religious 221
institution, as defined in s. 170.201(2), which has contained a 222
house of public worship for at least 10 years before the 223
proposed development, regardless of the underlying zoning, if at 224
least 40 percent of the residential units in a proposed 225
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multifamily development are rental units that, for a period of 226
at least 30 years, are affordable as defined in s. 420.0004. 227
Notwithstanding any other law, local ordinance, or regulation to 228
the contrary, a municipality may not require a proposed 229
multifamily development to obtain a zoning or land use change, 230
special exception, conditional use approval, variance, transfer 231
of density or development units, amendment to a development of 232
regional impact, amendment to a municipal charter, or 233
comprehensive plan amendment for the building height, zoning, 234
and densities authorized under this subsection. For mixed-use 235
residential projects, at least 65 percent of the total square 236
footage must be used for residential purposes. The municipality 237
may not require that more than 10 percent of the total square 238
footage of such mixed-use residential projects be used for 239
nonresidential purposes. A proposed development on property 240
owned by a county, municipality, or school district must be 241
within the geographic boundaries of the respective county, 242
municipality, or school district, and the respective county, 243
municipality, or school district must be a party to the 244
application for the proposed development. A proposed development 245
on property owned by a religious institution must be applied for 246
by both the applicant and the religious institution, and the 247
house of public worship must continue to operate on the property 248
after the proposed development is constructed. 249
2. A multifamily or mixed-use residential development 250
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proposed under this section shall not exclude an assemblage of 251
parcels under common ownership or control separated by no more 252
than 15 feet of land and limited to public pedestrian access. 253
This subparagraph expires July 1, 2030. 254
(d)1. A municipality may not restrict the height of a 255
proposed development authorized under this subsection below the 256
highest currently allowed, or allowed on July 1, 2023, height 257
for a commercial or residential building located in its 258
jurisdiction within 1 mile of the proposed development or three 259
stories, whichever is higher. A municipality may not restrict 260
height below the height authorized under this paragraph through 261
other dimensional means, such as establishing setbacks or 262
stepbacks by height, or require setbacks or stepbacks that are 263
more restrictive than the minimum permitted in the proposed 264
development. For purposes of this paragraph, the term "highest 265
currently allowed height" does not include the height of any 266
building that met the requirements of this subsection or the 267
height of any building that has received any bonus, variance, or 268
other special exception for height provided in the 269
municipality's land development regulations as an incentive for 270
development. 271
2. If the proposed development is adjacent to, on two or 272
more sides, a parcel zoned for single-family residential use 273
that is within a single-family residential development with at 274
least 25 contiguous single-family homes, the municipality may 275
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restrict the height of the proposed development to 150 percent 276
of the tallest building on any property adjacent to the proposed 277
development, the highest currently allowed, or allowed on July 278
1, 2023, height for the property provided in the municipality's 279
land development regulations, or three stories, whichever is 280
higher, not to exceed 10 stories. For the purposes of this 281
paragraph, the term "adjacent to" means those properties sharing 282
more than one point of a property line, but does not include 283
properties separated by a public road or body of water, 284
including manmade lakes or ponds. For a proposed development 285
located within a municipality within an area of critical state 286
concern as designated by s. 380.0552 or chapter 28-36, Florida 287
Administrative Code, the term "story" includes only the 288
habitable space above the base flood elevation as designated by 289
the Federal Emergency Management Agency in the most current 290
Flood Insurance Rate Map. A story may not exceed 10 feet in 291
height measured from finished floor to finished floor, including 292
space for mechanical equipment. The highest story may not exceed 293
10 feet from finished floor to the top plate. 294
3. If the proposed development is on a parcel with a 295
contributing structure or building within a historic district 296
which was listed in the National Register of Historic Places 297
before January 1, 2000, or is on a parcel with a structure or 298
building individually listed in the National Register of 299
Historic Places, the municipality may restrict the height of the 300
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
proposed development to the highest currently allowed, or 301
allowed on July 1, 2023, height for a commercial or residential 302
building located in its jurisdiction within three-fourths of a 303
mile of the proposed development or three stories, whichever is 304
higher. The term "highest currently allowed" in this paragraph 305
includes the maximum height allowed for any building in a zoning 306
district irrespective of any conditions. 307
(n) As used in this subsection, the term: 308
1. "Commercial use" means activities associated with the 309
sale, rental, or distribution of products or the performance of 310
services related thereto. The term includes, but is not limited 311
to, such uses or activities as retail sales; wholesale sales; 312
rentals of equipment, goods, or products; offices; restaurants; 313
public lodging establishments as described in s. 509.242(1)(a); 314
food service vendors; sports arenas; theaters; tourist 315
attractions; and other for-profit business activities. A parcel 316
zoned to permit such uses by right without the requirement to 317
obtain a variance or waiver is considered commercial use for the 318
purposes of this section, irrespective of the local land 319
development regulation's listed category or title. The term does 320
not include home-based businesses or cottage food operations 321
undertaken on residential property, public lodging 322
establishments as described in s. 509.242(1)(c), or uses that 323
are accessory, ancillary, incidental to the allowable uses, or 324
allowed only on a temporary basis. Recreational uses, such as 325
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golf courses, tennis courts, swimming pools, and clubhouses, 326
within an area designated for residential use are not commercial 327
use, irrespective of how they are operated. Farms and farm 328
operations as those terms are defined in s. 823.14(3) and uses 329
associated therewith, including the packaging and sale of 330
products raised on the premises, are not commercial use. 331
2. "Industrial use" means activities associated with the 332
manufacture, assembly, processing, or storage of products or the 333
performance of services related thereto. The term includes, but 334
is not limited to, such uses or activities as automobile 335
manufacturing or repair, boat manufacturing or repair, junk 336
yards, meat packing facilities, citrus processing and packing 337
facilities, produce processing and packing facilities, 338
electrical generating plants, water treatment plants, sewage 339
treatment plants, and solid waste disposal sites. A parcel zoned 340
to permit such uses by right without the requirement to obtain a 341
variance or waiver is considered industrial use for the purposes 342
of this section, irrespective of the local land development 343
regulation's listed category or title. The term does not include 344
uses that are accessory, ancillary, incidental to the allowable 345
uses, or allowed only on a temporary basis. Recreational uses, 346
such as golf courses, tennis courts, swimming pools, and 347
clubhouses, within an area designated for residential use are 348
not industrial use, irrespective of how they are operated. Farms 349
and farm operations as those terms are defined in s. 823.14(3) 350
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and uses associated therewith, including the packaging and sale 351
of products raised on the premises, are not industrial use. 352
3. "Mixed use" means any use that combines multiple types 353
of approved land uses from at least two of the residential use, 354
commercial use, and industrial use categories. The term does not 355
include uses that are accessory, ancillary, incidental to the 356
allowable uses, or allowed only on a temporary basis. 357
Recreational uses, such as golf courses, tennis courts, swimming 358
pools, and clubhouses, within an area designated for residential 359
use are not mixed use, irrespective of how they are operated. 360
4. "Planned unit development" has the same meaning as 361
provided in s. 163.3202(5)(b). 362
(o) This subsection does not apply to: 363
1. Airport-impacted areas as provided in s. 333.03. 364
2. Property defined as recreational and commercial working 365
waterfront in s. 342.201(2)(b) in any area zoned as industrial. 366
3. The Wekiva Study Area, as described in s. 369.316. 367
4. The Everglades Protection Area, as defined in s. 368
373.4592(2). 369
5. Areas subject to land development regulations, as 370
defined in s. 163.3164, which are in existence before July 1, 371
2026, and are intended to retain the open character of land, 372
including, but not limited to, open space districts, open space 373
recreation districts, open use estate districts, open use rural 374
districts, and park and open space districts. 375
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6. Any area of critical state concern, as designated in 376
ss. 380.055, 380.0551, 380.0552, 380.0553, and 380.0555. 377
7. Any portion of a property encumbered by a recorded 378
conservation easement, as defined in s. 704.06(1). 379
Section 3. The amendments made by this act to ss. 380
125.01055(7)(n) and 166.04151(7)(n), Florida Statutes, are 381
intended to be remedial and clarifying in nature and apply 382
retroactively to January 1, 2024. 383
Section 4. An applicant for a proposed development 384
authorized under s. 125.01055(7), Florida Statutes, or s. 385
166.04151(7), Florida Statutes, who submitted an application, a 386
written request, or a notice of intent to use such provisions to 387
the county or municipality and which application, written 388
request, or notice of intent has been received by the county or 389
municipality, as applicable, before July 1, 2026, may notify the 390
county or municipality by July 1, 2026, of its intent to proceed 391
under the provisions of s. 125.01055(7), Florida Statutes, or s. 392
166.04151(7), Florida Statutes, as they existed at the time of 393
submittal. A county or municipality, as applicable, shall allow 394
an applicant who submitted such an application, written request, 395
or notice of intent before July 1, 2026, the opportunity to 396
submit a revised application, written request, or notice of 397
intent to account for the changes made by this act. 398
Section 5. Paragraphs (a) and (o) of subsection (3) of 399
section 196.1978, Florida Statutes, are amended to read: 400
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196.1978 Affordable housing property exemption.— 401
(3)(a) As used in this subsection, the term: 402
1. "Corporation" means the Florida Housing Finance 403
Corporation. 404
2. "Multifamily project" shall include a development 405
authorized under this subsection that is held under common 406
ownership or control, approved and developed in compliance with 407
the same site plan approval or development agreement or order, 408
but shall exclude individual detached single-family residences, 409
as well as parcels separated by more than 200 feet of land. 410
3.2. "Newly constructed" means an improvement to real 411
property which was substantially completed within 5 years before 412
the date of an applicant's first submission of a request for a 413
certification notice pursuant to this subsection. 414
4.3. "Substantially completed" has the same meaning as in 415
s. 192.042(1). 416
(o)1. Beginning with the 2025 tax roll, a taxing authority 417
may elect, upon adoption of an ordinance or resolution approved 418
by a two-thirds vote of the governing body, not to exempt 419
property under sub-subparagraph (d)1.a. located in a county 420
specified pursuant to subparagraph 2., subject to the conditions 421
of this paragraph. 422
2. A taxing authority must make a finding in the ordinance 423
or resolution that annual housing reports the most recently 424
published by the Shimberg Center for Housing Studies Annual 425
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Report, prepared pursuant to s. 420.6075, identify identifies 426
that a county that is part of the jurisdiction of the taxing 427
authority is within a metropolitan statistical area or region 428
where, for each of the previous 3 years, the number of 429
affordable and available units in the metropolitan statistical 430
area or region is greater than the number of renter households 431
in the metropolitan statistical area or region for the category 432
entitled "0-120 percent AMI." 433
3. An election made pursuant to this paragraph may apply 434
only to the ad valorem property tax levies imposed within a 435
county specified pursuant to subparagraph 2. by the taxing 436
authority making the election. 437
4. The ordinance or resolution must take effect on the 438
January 1 immediately succeeding adoption and shall expire on 439
the second January 1 after the January 1 in which the ordinance 440
or resolution takes effect. The ordinance or resolution may be 441
renewed prior to its expiration pursuant to this paragraph. 442
5. The taxing authority proposing to make an election 443
under this paragraph must advertise the ordinance or resolution 444
or renewal thereof pursuant to the requirements of s. 50.011(1) 445
prior to adoption. 446
6. The taxing authority must provide to the property 447
appraiser the adopted ordinance or resolution or renewal thereof 448
by the effective date of the ordinance or resolution or renewal 449
thereof. 450
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7. Notwithstanding an ordinance or resolution or renewal 451
thereof adopted pursuant to this paragraph, property in a 452
multifamily project that received an exemption pursuant to sub-453
subparagraph (d)1.a. before the adoption or renewal of such 454
ordinance or resolution may continue to receive such exemption 455
for each subsequent consecutive year that the same owner or each 456
successive owner applies for and is granted the exemption. 457
8. Notwithstanding an ordinance or a resolution or a 458
renewal thereof adopted pursuant to this paragraph, the owner of 459
a property in a multifamily project that was issued a building 460
permit on or after July 1, 2026, for the development of the 461
multifamily project within 4 years before the effective date of 462
such ordinance or resolution may apply for and be granted the 463
exemption under sub-subparagraph (d)1.a. after meeting the 464
requirements of this subsection and may continue to receive such 465
exemption for each subsequent consecutive year that the same 466
owner or each successive owner applies for and is granted the 467
exemption. 468
Section 6. The amendments made by this act to s. 196.1978, 469
Florida Statutes, first apply to the 2027 property tax roll. 470
Section 7. Subsection (5) of section 333.03, Florida 471
Statutes, is amended to read: 472
333.03 Requirement to adopt airport zoning regulations.— 473
(5) Sections 125.01055(7) and 166.04151(7) do not apply to 474
any of the following, unless the respective application is 475
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approved by the governing body of the airport: 476
(a) A proposed development near a runway within one-477
quarter of a mile laterally from the runway edge and within an 478
area that is the width of one-quarter of a mile extending at 479
right angles from the end of the runway for a distance of 10,000 480
feet of any existing airport runway or planned airport runway 481
identified in the local government's airport master plan. 482
(b) A proposed development within any airport noise zone 483
identified in the federal land use compatibility table or in a 484
land-use zoning or airport noise regulation adopted by the local 485
government. 486
(c) A proposed development that exceeds maximum height 487
restrictions identified in the political subdivision's airport 488
zoning regulation adopted pursuant to this section. 489
Section 8. Subsection (8) of section 760.22, Florida 490
Statutes, is amended to read: 491
760.22 Definitions.—As used in ss. 760.20-760.37, the 492
term: 493
(8) "Person" includes one or more individuals, 494
corporations, partnerships, associations, labor organizations, 495
legal representatives, mutual companies, joint-stock companies, 496
trusts, unincorporated organizations, trustees, trustees in 497
bankruptcy, receivers, and fiduciaries, agencies, governmental 498
entities, and other legal or commercial entities. 499
Section 9. Section 760.26, Florida Statutes, is amended to 500
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read: 501
760.26 Prohibited discrimination in land use decisions and 502
in permitting of development.—It is unlawful to discriminate in 503
land use decisions or in the permitting of development based on 504
race, color, national origin, sex, disability, familial status, 505
or religion, or, except as otherwise provided by law, based on 506
the source of financing of a development or proposed 507
development, including, but not limited to, financing of a 508
development or on a proposed development for housing that is 509
affordable as defined in s. 420.0004. 510
Section 10. Subsection (4) of section 760.35, Florida 511
Statutes, is amended to read: 512
760.35 Civil actions and relief; administrative 513
procedures.— 514
(4) If the court finds that a person has engaged in a 515
discriminatory housing practice has occurred, it must shall 516
issue an order prohibiting the practice and providing 517
affirmative relief from the effects of the practice, including 518
injunctive and other equitable relief, actual and punitive 519
damages, and reasonable attorney fees and costs. In accordance 520
with s. 13, Art. X of the State Constitution, the state, for 521
itself and its agencies or political subdivisions, waives 522
sovereign immunity for a cause of action based upon the 523
application of this section. Such waiver is limited only to 524
actions brought under this section. 525
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Section 11. Subsection (1) of section 420.615, Florida 526
Statutes, is amended to read: 527
420.615 Affordable housing land donation density bonus 528
incentives.— 529
(1) A local government may provide density bonus 530
incentives pursuant to the provisions of this section to any 531
landowner who voluntarily donates fee simple interest in real 532
property to the local government for the purpose of assisting 533
the local government in providing affordable housing, including 534
housing that is affordable for military families receiving the 535
basic allowance for housing. Donated real property must be 536
determined by the local government to be appropriate for use as 537
affordable housing and must be subject to deed restrictions to 538
ensure that the property will be used for affordable housing. 539
Section 12. The Office of Program Policy Analysis and 540
Government Accountability (OPPAGA) shall evaluate the efficacy 541
of using mezzanine finance, or second-position short-term debt, 542
to stimulate the construction of owner-occupied housing that is 543
affordable as defined in s. 420.0004(3), Florida Statutes, in 544
this state. OPPAGA shall also evaluate the potential of tiny 545
homes in meeting the need for affordable housing in this state. 546
OPPAGA shall consult with the Florida Housing Finance 547
Corporation and the Shimberg Center for Housing Studies at the 548
University of Florida in conducting its evaluation. By December 549
31, 2027, OPPAGA shall submit a report of its findings to the 550
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President of the Senate and the Speaker of the House of 551
Representatives. Such report must include recommendations for 552
the structuring of a model mezzanine finance program. 553
Section 13. This act shall take effect July 1, 2026. 554