CS/CS/HB 1389 full text · Session Watch

2 An act relating to affordable housing; amending ss.

3 125.01055 and 166.04151, F.S.; requiring counties and

4 municipalities, respectively, to authorize multifamily

5 and mixed-use residential uses as allowable uses for

6 specified property; providing requirements for certain

7 proposed developments; specifying that certain

8 proposed developments shall not exclude an assemblage

9 of certain parcels; providing for the expiration of

10 certain provisions; prohibiting counties and

11 municipalities, respectively, from restricting the

12 height of certain proposed developments through other

13 dimensional means and from requiring certain setbacks

14 or stepbacks; revising the definitions of the terms

15 "commercial use" and "industrial use"; revising

16 applicability; providing retroactive applicability;

17 authorizing applicants for certain proposed

18 developments to notify the county or municipality, as

19 applicable, by a specified date of intent to proceed

20 under certain provisions; requiring counties and

21 municipalities to allow certain applicants to submit

22 revised applications, written requests, and notices of

23 intent to account for changes made by the act;

24 amending s. 196.1978, F.S.; creating a definition for

25 "multifamily project"; revising a specified finding

26 that a taxing authority must make in order to elect

27 not to exempt certain property from certain ad valorem

28 taxation; authorizing certain property owners in a

29 multifamily project to apply for and continue to

30 receive an exemption; amending s. 333.03, F.S.;

31 providing an exception to the inapplicability of

32 certain provisions; amending s. 760.22, F.S.; revising

33 the definition of the term "person"; amending s.

34 760.26, F.S.; revising a prohibition on discriminatory

35 practices in land use decisions and in permitting of

36 development to include housing that is affordable;

37 amending s. 760.35, F.S.; waiving the state's

38 sovereign immunity for certain causes of action based

39 upon housing discrimination; providing applicability;

40 amending s. 420.615, F.S.; authorizing a local

41 government to provide a density bonus incentive to

42 landowners who make certain real property donations to

43 assist in the provision of affordable housing for

44 military families; requiring the Office of Program

45 Policy Analysis and Government Accountability to

46 evaluate the efficacy of using mezzanine finance and

47 the potential of tiny homes for specified purposes;

48 requiring the office to consult with certain entities;

49 requiring the office to submit a certain report to the

50 Legislature by a specified date; providing an

51 effective date.

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

55 Section 1. Paragraphs (a), (d), (n), and (o) of subsection

56 (7) of section 125.01055, Florida Statutes, are amended to read:

57 125.01055 Affordable housing.—

58 (7)(a)1. A county must authorize multifamily and mixed-use

59 residential as allowable uses in any area zoned for commercial,

60 industrial, or mixed use;, ~~and~~ in portions of any flexibly zoned

61 area such as a planned unit development permitted for

62 commercial, industrial, or mixed use; on property owned by a

63 county, municipality, or school district; and on property that

64 is more than 3 acres in size and owned by a religious

65 institution, as defined in s. 170.201(2), which has contained a

66 house of public worship for at least 10 years before the

67 proposed development, regardless of the underlying zoning, if at

68 least 40 percent of the residential units in a proposed

69 multifamily development are rental units that, for a period of

70 at least 30 years, are affordable as defined in s. 420.0004.

71 Notwithstanding any other law, local ordinance, or regulation to

72 the contrary, a county may not require a proposed multifamily

73 development to obtain a zoning or land use change, special

74 exception, conditional use approval, variance, transfer of

75 density or development units, amendment to a development of

76 regional impact, or comprehensive plan amendment for the

77 building height, zoning, and densities authorized under this

78 subsection. For mixed-use residential projects, at least 65

79 percent of the total square footage must be used for residential

80 purposes. The county may not require that more than 10 percent

81 of the total square footage of such mixed-use residential

82 projects be used for nonresidential purposes. A proposed

83 development on property owned by a county, municipality, or

84 school district must be within the geographic boundaries of the

85 respective county, municipality, or school district, and the

86 respective county, municipality, or school district must be a

87 party to the application for the proposed development. A

88 proposed development on property owned by a religious

89 institution must be applied for by both the applicant and the

90 religious institution, and the house of public worship must

91 continue to operate on the property after the proposed

92 development is constructed.

93 2. A multifamily or mixed-use residential development

94 proposed under this section shall not exclude an assemblage of

95 parcels under common ownership or control separated by no more

96 than 15 feet of land and limited to public pedestrian access.

97 This subparagraph expires July 1, 2030.

98 (d)1. A county may not restrict the height of a proposed

99 development authorized under this subsection below the highest

100 currently allowed, or allowed on July 1, 2023, height for a

101 commercial or residential building located in its jurisdiction

102 within 1 mile of the proposed development or three stories,

103 whichever is higher. A county may not restrict height below the

104 height authorized under this paragraph through other dimensional

105 means, such as establishing setbacks or stepbacks by height, or

106 require setbacks or stepbacks that are more restrictive than the

107 minimum permitted in the proposed development. For purposes of

108 this paragraph, the term "highest currently allowed height" does

109 not include the height of any building that met the requirements

110 of this subsection or the height of any building that has

111 received any bonus, variance, or other special exception for

112 height provided in the county's land development regulations as

113 an incentive for development.

114 2. If the proposed development is adjacent to, on two or

115 more sides, a parcel zoned for single-family residential use

116 which is within a single-family residential development with at

117 least 25 contiguous single-family homes, the county may restrict

118 the height of the proposed development to 150 percent of the

119 tallest building on any property adjacent to the proposed

120 development, the highest currently allowed, or allowed on July

121 1, 2023, height for the property provided in the county's land

122 development regulations, or three stories, whichever is higher,

123 not to exceed 10 stories. For the purposes of this paragraph,

124 the term "adjacent to" means those properties sharing more than

125 one point of a property line, but does not include properties

126 separated by a public road.

127 3. If the proposed development is on a parcel with a

128 contributing structure or building within a historic district

129 which was listed in the National Register of Historic Places

130 before January 1, 2000, or is on a parcel with a structure or

131 building individually listed in the National Register of

132 Historic Places, the county may restrict the height of the

133 proposed development to the highest currently allowed, or

134 allowed on July 1, 2023, height for a commercial or residential

135 building located in its jurisdiction within three-fourths of a

136 mile of the proposed development or three stories, whichever is

137 higher. The term "highest currently allowed" in this paragraph

138 includes the maximum height allowed for any building in a zoning

139 district irrespective of any conditions.

140 (n) As used in this subsection, the term:

141 1. "Commercial use" means activities associated with the

142 sale, rental, or distribution of products or the performance of

143 services related thereto. The term includes, but is not limited

144 to, such uses or activities as retail sales; wholesale sales;

145 rentals of equipment, goods, or products; offices; restaurants;

146 public lodging establishments as described in s. 509.242(1)(a);

147 food service vendors; sports arenas; theaters; tourist

148 attractions; and other for-profit business activities. A parcel

149 zoned to permit such uses by right without the requirement to

150 obtain a variance or waiver is considered commercial use for the

151 purposes of this section, irrespective of the local land

152 development regulation's listed category or title. The term does

153 not include home-based businesses or cottage food operations

154 undertaken on residential property, public lodging

155 establishments as described in s. 509.242(1)(c), or uses that

156 are accessory, ancillary, incidental to the allowable uses, or

157 allowed only on a temporary basis. Recreational uses, such as

158 golf courses, tennis courts, swimming pools, and clubhouses,

159 within an area designated for residential use are not commercial

160 use, irrespective of how they are operated. Farms and farm

161 operations as those terms are defined in s. 823.14(3) and uses

162 associated therewith, including the packaging and sale of

163 products raised on the premises, are not commercial use.

164 2. "Industrial use" means activities associated with the

165 manufacture, assembly, processing, or storage of products or the

166 performance of services related thereto. The term includes, but

167 is not limited to, such uses or activities as automobile

168 manufacturing or repair, boat manufacturing or repair, junk

169 yards, ~~meat packing facilities, citrus processing and packing~~

170 ~~facilities, produce processing and packing facilities,~~

171 electrical generating plants, water treatment plants, sewage

172 treatment plants, and solid waste disposal sites. A parcel zoned

173 to permit such uses by right without the requirement to obtain a

174 variance or waiver is considered industrial use for the purposes

175 of this section, irrespective of the local land development

176 regulation's listed category or title. The term does not include

177 uses that are accessory, ancillary, incidental to the allowable

178 uses, or allowed only on a temporary basis. Recreational uses,

179 such as golf courses, tennis courts, swimming pools, and

180 clubhouses, within an area designated for residential use are

181 not industrial use, irrespective of how they are operated. Farms

182 and farm operations as those terms are defined in s. 823.14(3)

183 and uses associated therewith, including the packaging and sale

184 of products raised on the premises, are not industrial use.

185 3. "Mixed use" means any use that combines multiple types

186 of approved land uses from at least two of the residential use,

187 commercial use, and industrial use categories. The term does not

188 include uses that are accessory, ancillary, incidental to the

189 allowable uses, or allowed only on a temporary basis.

190 Recreational uses, such as golf courses, tennis courts, swimming

191 pools, and clubhouses, within an area designated for residential

192 use are not mixed use, irrespective of how they are operated.

193 4. "Planned unit development" has the same meaning as

194 provided in s. 163.3202(5)(b).

195 (o) This subsection does not apply to:

196 1. Airport-impacted areas as provided in s. 333.03.

197 2. Property defined as recreational and commercial working

198 waterfront in s. 342.201(2)(b) in any area zoned as industrial.

199 3. The Wekiva Study Area, as described in s. 369.316.

200 4. The Everglades Protection Area, as defined in s.

201 373.4592(2).

202 5. Areas subject to land development regulations, as

203 defined in s. 163.3164, which are in existence before July 1,

204 2026, and are intended to retain the open character of land,

205 including, but not limited to, open space districts, open space

206 recreation districts, open use estate districts, open use rural

207 districts, and park and open space districts.

208 6. Any area of critical state concern, as designated in

209 ss. 380.055, 380.0551, 380.0552, 380.0553, and 380.0555.

210 7. Any portion of a property encumbered by a recorded

211 conservation easement, as defined in s. 704.06(1).

212 Section 2. Paragraphs (a), (d), (n), and (o) of subsection

213 (7) of section 166.04151, Florida Statutes, are amended to read:

214 166.04151 Affordable housing.—

215 (7)(a)1. A municipality must authorize multifamily and

216 mixed-use residential as allowable uses in any area zoned for

217 commercial, industrial, or mixed use;, ~~and~~ in portions of any

218 flexibly zoned area such as a planned unit development permitted

219 for commercial, industrial, or mixed use; on property owned by a

220 county, municipality, or school district; and on property that

221 is more than 3 acres in size and owned by a religious

222 institution, as defined in s. 170.201(2), which has contained a

223 house of public worship for at least 10 years before the

224 proposed development, regardless of the underlying zoning, if at

225 least 40 percent of the residential units in a proposed

226 multifamily development are rental units that, for a period of

227 at least 30 years, are affordable as defined in s. 420.0004.

228 Notwithstanding any other law, local ordinance, or regulation to

229 the contrary, a municipality may not require a proposed

230 multifamily development to obtain a zoning or land use change,

231 special exception, conditional use approval, variance, transfer

232 of density or development units, amendment to a development of

233 regional impact, amendment to a municipal charter, or

234 comprehensive plan amendment for the building height, zoning,

235 and densities authorized under this subsection. For mixed-use

236 residential projects, at least 65 percent of the total square

237 footage must be used for residential purposes. The municipality

238 may not require that more than 10 percent of the total square

239 footage of such mixed-use residential projects be used for

240 nonresidential purposes. A proposed development on property

241 owned by a county, municipality, or school district must be

242 within the geographic boundaries of the respective county,

243 municipality, or school district, and the respective county,

244 municipality, or school district must be a party to the

245 application for the proposed development. A proposed development

246 on property owned by a religious institution must be applied for

247 by both the applicant and the religious institution, and the

248 house of public worship must continue to operate on the property

249 after the proposed development is constructed.

250 2. A multifamily or mixed-use residential development

251 proposed under this section shall not exclude an assemblage of

252 parcels under common ownership or control separated by no more

253 than 15 feet of land and limited to public pedestrian access.

254 This subparagraph expires July 1, 2030.

255 (d)1. A municipality may not restrict the height of a

256 proposed development authorized under this subsection below the

257 highest currently allowed, or allowed on July 1, 2023, height

258 for a commercial or residential building located in its

259 jurisdiction within 1 mile of the proposed development or three

260 stories, whichever is higher. A municipality may not restrict

261 height below the height authorized under this paragraph through

262 other dimensional means, such as establishing setbacks or

263 stepbacks by height, or require setbacks or stepbacks that are

264 more restrictive than the minimum permitted in the proposed

265 development. For purposes of this paragraph, the term "highest

266 currently allowed height" does not include the height of any

267 building that met the requirements of this subsection or the

268 height of any building that has received any bonus, variance, or

269 other special exception for height provided in the

270 municipality's land development regulations as an incentive for

271 development.

272 2. If the proposed development is adjacent to, on two or

273 more sides, a parcel zoned for single-family residential use

274 that is within a single-family residential development with at

275 least 25 contiguous single-family homes, the municipality may

276 restrict the height of the proposed development to 150 percent

277 of the tallest building on any property adjacent to the proposed

278 development, the highest currently allowed, or allowed on July

279 1, 2023, height for the property provided in the municipality's

280 land development regulations, or three stories, whichever is

281 higher, not to exceed 10 stories. For the purposes of this

282 paragraph, the term "adjacent to" means those properties sharing

283 more than one point of a property line, but does not include

284 properties separated by a public road or body of water,

285 including manmade lakes or ponds. For a proposed development

286 located within a municipality within an area of critical state

287 concern as designated by s. 380.0552 or chapter 28-36, Florida

288 Administrative Code, the term "story" includes only the

289 habitable space above the base flood elevation as designated by

290 the Federal Emergency Management Agency in the most current

291 Flood Insurance Rate Map. A story may not exceed 10 feet in

292 height measured from finished floor to finished floor, including

293 space for mechanical equipment. The highest story may not exceed

294 10 feet from finished floor to the top plate.

295 3. If the proposed development is on a parcel with a

296 contributing structure or building within a historic district

297 which was listed in the National Register of Historic Places

298 before January 1, 2000, or is on a parcel with a structure or

299 building individually listed in the National Register of

300 Historic Places, the municipality may restrict the height of the

301 proposed development to the highest currently allowed, or

302 allowed on July 1, 2023, height for a commercial or residential

303 building located in its jurisdiction within three-fourths of a

304 mile of the proposed development or three stories, whichever is

305 higher. The term "highest currently allowed" in this paragraph

306 includes the maximum height allowed for any building in a zoning

307 district irrespective of any conditions.

308 (n) As used in this subsection, the term:

309 1. "Commercial use" means activities associated with the

310 sale, rental, or distribution of products or the performance of

311 services related thereto. The term includes, but is not limited

312 to, such uses or activities as retail sales; wholesale sales;

313 rentals of equipment, goods, or products; offices; restaurants;

314 public lodging establishments as described in s. 509.242(1)(a);

315 food service vendors; sports arenas; theaters; tourist

316 attractions; and other for-profit business activities. A parcel

317 zoned to permit such uses by right without the requirement to

318 obtain a variance or waiver is considered commercial use for the

319 purposes of this section, irrespective of the local land

320 development regulation's listed category or title. The term does

321 not include home-based businesses or cottage food operations

322 undertaken on residential property, public lodging

323 establishments as described in s. 509.242(1)(c), or uses that

324 are accessory, ancillary, incidental to the allowable uses, or

325 allowed only on a temporary basis. Recreational uses, such as

326 golf courses, tennis courts, swimming pools, and clubhouses,

327 within an area designated for residential use are not commercial

328 use, irrespective of how they are operated. Farms and farm

329 operations as those terms are defined in s. 823.14(3) and uses

330 associated therewith, including the packaging and sale of

331 products raised on the premises, are not commercial use.

332 2. "Industrial use" means activities associated with the

333 manufacture, assembly, processing, or storage of products or the

334 performance of services related thereto. The term includes, but

335 is not limited to, such uses or activities as automobile

336 manufacturing or repair, boat manufacturing or repair, junk

337 yards, ~~meat packing facilities, citrus processing and packing~~

338 ~~facilities, produce processing and packing facilities,~~

339 electrical generating plants, water treatment plants, sewage

340 treatment plants, and solid waste disposal sites. A parcel zoned

341 to permit such uses by right without the requirement to obtain a

342 variance or waiver is considered industrial use for the purposes

343 of this section, irrespective of the local land development

344 regulation's listed category or title. The term does not include

345 uses that are accessory, ancillary, incidental to the allowable

346 uses, or allowed only on a temporary basis. Recreational uses,

347 such as golf courses, tennis courts, swimming pools, and

348 clubhouses, within an area designated for residential use are

349 not industrial use, irrespective of how they are operated. Farms

350 and farm operations as those terms are defined in s. 823.14(3)

351 and uses associated therewith, including the packaging and sale

352 of products raised on the premises, are not industrial use.

353 3. "Mixed use" means any use that combines multiple types

354 of approved land uses from at least two of the residential use,

355 commercial use, and industrial use categories. The term does not

356 include uses that are accessory, ancillary, incidental to the

357 allowable uses, or allowed only on a temporary basis.

358 Recreational uses, such as golf courses, tennis courts, swimming

359 pools, and clubhouses, within an area designated for residential

360 use are not mixed use, irrespective of how they are operated.

361 4. "Planned unit development" has the same meaning as

362 provided in s. 163.3202(5)(b).

363 (o) This subsection does not apply to:

364 1. Airport-impacted areas as provided in s. 333.03.

365 2. Property defined as recreational and commercial working

366 waterfront in s. 342.201(2)(b) in any area zoned as industrial.

367 3. The Wekiva Study Area, as described in s. 369.316.

368 4. The Everglades Protection Area, as defined in s.

369 373.4592(2).

370 5. Areas subject to land development regulations, as

371 defined in s. 163.3164, which are in existence before July 1,

372 2026, and are intended to retain the open character of land,

373 including, but not limited to, open space districts, open space

374 recreation districts, open use estate districts, open use rural

375 districts, and park and open space districts.

376 6. Any area of critical state concern, as designated in

377 ss. 380.055, 380.0551, 380.0552, 380.0553, and 380.0555.

378 7. Any portion of a property encumbered by a recorded

379 conservation easement, as defined in s. 704.06(1).

380 Section 3. The amendments made by this act to ss.

381 125.01055(7)(n) and 166.04151(7)(n), Florida Statutes, are

382 intended to be remedial and clarifying in nature and apply

383 retroactively to January 1, 2024.

384 Section 4. An applicant for a proposed development

385 authorized under s. 125.01055(7), Florida Statutes, or s.

386 166.04151(7), Florida Statutes, who submitted an application, a

387 written request, or a notice of intent to use such provisions to

388 the county or municipality and which application, written

389 request, or notice of intent has been received by the county or

390 municipality, as applicable, before July 1, 2026, may notify the

391 county or municipality by July 1, 2026, of its intent to proceed

392 under the provisions of s. 125.01055(7), Florida Statutes, or s.

393 166.04151(7), Florida Statutes, as they existed at the time of

394 submittal. A county or municipality, as applicable, shall allow

395 an applicant who submitted such an application, written request,

396 or notice of intent before July 1, 2026, the opportunity to

397 submit a revised application, written request, or notice of

398 intent to account for the changes made by this act.

399 Section 5. Paragraphs (a) and (o) of subsection (3) of

400 section 196.1978, Florida Statutes, are amended to read:

401 196.1978 Affordable housing property exemption.—

402 (3)(a) As used in this subsection, the term:

403 1. "Corporation" means the Florida Housing Finance

404 Corporation.

405 2. "Multifamily project" shall include a development

406 authorized under this subsection that is held under common

407 ownership or control, approved and developed in compliance with

408 the same site plan approval or development agreement or order,

409 but shall exclude individual detached single-family residences,

410 as well as parcels separated by more than 200 feet of land.

411 3.2. "Newly constructed" means an improvement to real

412 property which was substantially completed within 5 years before

413 the date of an applicant's first submission of a request for a

414 certification notice pursuant to this subsection.

415 4.3. "Substantially completed" has the same meaning as in

416 s. 192.042(1).

417 (o)1. Beginning with the 2025 tax roll, a taxing authority

418 may elect, upon adoption of an ordinance or resolution approved

419 by a two-thirds vote of the governing body, not to exempt

420 property under sub-subparagraph (d)1.a. located in a county

421 specified pursuant to subparagraph 2., subject to the conditions

422 of this paragraph.

423 2. A taxing authority must make a finding in the ordinance

424 or resolution that annual housing reports ~~the most recently~~

425 published by the Shimberg Center for Housing Studies ~~Annual~~

426 ~~Report, prepared~~ pursuant to s. 420.6075, identify ~~identifies~~

427 that a county that is part of the jurisdiction of the taxing

428 authority is within a metropolitan statistical area or region

429 where, for each of the previous 3 years, the number of

430 affordable and available units in the metropolitan statistical

431 area or region is greater than the number of renter households

432 in the metropolitan statistical area or region for the category

433 entitled "0-120 percent AMI."

434 3. An election made pursuant to this paragraph may apply

435 only to the ad valorem property tax levies imposed within a

436 county specified pursuant to subparagraph 2. by the taxing

437 authority making the election.

438 4. The ordinance or resolution must take effect on the

439 January 1 immediately succeeding adoption and shall expire on

440 the second January 1 after the January 1 in which the ordinance

441 or resolution takes effect. The ordinance or resolution may be

442 renewed prior to its expiration pursuant to this paragraph.

443 5. The taxing authority proposing to make an election

444 under this paragraph must advertise the ordinance or resolution

445 or renewal thereof pursuant to the requirements of s. 50.011(1)

446 prior to adoption.

447 6. The taxing authority must provide to the property

448 appraiser the adopted ordinance or resolution or renewal thereof

449 by the effective date of the ordinance or resolution or renewal

450 thereof.

451 7. Notwithstanding an ordinance or resolution or renewal

452 thereof adopted pursuant to this paragraph, property in a

453 multifamily project that received an exemption pursuant to sub-

454 subparagraph (d)1.a. before the adoption or renewal of such

455 ordinance or resolution may continue to receive such exemption

456 for each subsequent consecutive year that the same owner or each

457 successive owner applies for and is granted the exemption.

458 8. Notwithstanding an ordinance or a resolution or a

459 renewal thereof adopted pursuant to this paragraph, the owner of

460 a property in a multifamily project that was issued a building

461 permit on or after July 1, 2026, for the development of the

462 multifamily project within 4 years before the effective date of

463 such ordinance or resolution may apply for and be granted the

464 exemption under sub-subparagraph (d)1.a. after meeting the

465 requirements of this subsection and may continue to receive such

466 exemption for each subsequent consecutive year that the same

467 owner or each successive owner applies for and is granted the

468 exemption.

469 Section 6. The amendments made by this act to s. 196.1978,

470 Florida Statutes, first apply to the 2027 property tax roll.

471 Section 7. Subsection (5) of section 333.03, Florida

472 Statutes, is amended to read:

473 333.03 Requirement to adopt airport zoning regulations.—

474 (5) Sections 125.01055(7) and 166.04151(7) do not apply to

475 any of the following, unless the respective application is

476 approved by the governing body of the airport:

477 (a) A proposed development near a runway within one-

478 quarter of a mile laterally from the runway edge and within an

479 area that is the width of one-quarter of a mile extending at

480 right angles from the end of the runway for a distance of 10,000

481 feet of any existing airport runway or planned airport runway

482 identified in the local government's airport master plan.

483 (b) A proposed development within any airport noise zone

484 identified in the federal land use compatibility table or in a

485 land-use zoning or airport noise regulation adopted by the local

486 government.

487 (c) A proposed development that exceeds maximum height

488 restrictions identified in the political subdivision's airport

489 zoning regulation adopted pursuant to this section.

490 Section 8. Subsection (8) of section 760.22, Florida

491 Statutes, is amended to read:

492 760.22 Definitions.—As used in ss. 760.20-760.37, the

493 term:

494 (8) "Person" includes one or more individuals,

495 corporations, partnerships, associations, labor organizations,

496 legal representatives, mutual companies, joint-stock companies,

497 trusts, unincorporated organizations, trustees, trustees in

498 bankruptcy, receivers, ~~and~~ fiduciaries, agencies, governmental

499 entities, and other legal or commercial entities.

500 Section 9. Section 760.26, Florida Statutes, is amended to

501 read:

502 760.26 Prohibited discrimination in land use decisions and

503 in permitting of development.—It is unlawful to discriminate in

504 land use decisions or in the permitting of development based on

505 race, color, national origin, sex, disability, familial status,

506 or religion, or, except as otherwise provided by law, based on

507 the source of financing of a development or proposed

508 development, including, but not limited to, financing of a

509 development or on a proposed development for housing that is

510 affordable as defined in s. 420.0004.

511 Section 10. Subsection (4) of section 760.35, Florida

512 Statutes, is amended to read:

513 760.35 Civil actions and relief; administrative

514 procedures.—

515 (4) If the court finds that a person has engaged in a

516 discriminatory housing practice ~~has occurred,~~ it must ~~shall~~

517 issue an order prohibiting the practice and providing

518 affirmative relief from the effects of the practice, including

519 injunctive and other equitable relief, actual and punitive

520 damages, and reasonable attorney fees and costs. In accordance

521 with s. 13, Art. X of the State Constitution, the state, for

522 itself and its agencies or political subdivisions, waives

523 sovereign immunity for a cause of action based upon the

524 application of this section. Such waiver is limited only to

525 actions brought under this section.

526 Section 11. Subsection (1) of section 420.615, Florida

527 Statutes, is amended to read:

528 420.615 Affordable housing land donation density bonus

529 incentives.—

530 (1) A local government may provide density bonus

531 incentives pursuant to ~~the provisions of~~ this section to any

532 landowner who voluntarily donates fee simple interest in real

533 property to the local government for the purpose of assisting

534 the local government in providing affordable housing, including

535 housing that is affordable for military families receiving the

536 basic allowance for housing. Donated real property must be

537 determined by the local government to be appropriate for use as

538 affordable housing and must be subject to deed restrictions to

539 ensure that the property will be used for affordable housing.

540 Section 12. The Office of Program Policy Analysis and

541 Government Accountability (OPPAGA) shall evaluate the efficacy

542 of using mezzanine finance, or second-position short-term debt,

543 to stimulate the construction of owner-occupied housing that is

544 affordable as defined in s. 420.0004(3), Florida Statutes, in

545 this state. OPPAGA shall also evaluate the potential of tiny

546 homes in meeting the need for affordable housing in this state.

547 OPPAGA shall consult with the Florida Housing Finance

548 Corporation and the Shimberg Center for Housing Studies at the

549 University of Florida in conducting its evaluation. By December

550 31, 2027, OPPAGA shall submit a report of its findings to the

551 President of the Senate and the Speaker of the House of

552 Representatives. Such report must include recommendations for

553 the structuring of a model mezzanine finance program.

554 Section 13. This act shall take effect July 1, 2026.