THE BILL ITSELF
CS/HB 313
Housing
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A bill to be entitled
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An act relating to housing; amending s. 163.31771,
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F.S.; defining the terms "by right" and "primary
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dwelling unit"; requiring, rather than authorizing,
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local governments to adopt, by a specified date, an
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ordinance to allow accessory dwelling units in certain
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areas; requiring that such ordinances apply
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prospectively; prohibiting the inclusion of certain
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requirements or prohibitions in such ordinances;
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deleting a requirement that an application for a
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building permit to construct an accessory dwelling
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unit include a certain affidavit; revising the
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accessory dwelling units that apply toward satisfying
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a certain component of a local government's
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comprehensive plan; prohibiting the denial of a
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homestead exemption for certain portions of property
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on a specified basis; requiring that a rented
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accessory dwelling unit be assessed separately from
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the homestead property and taxed according to its use;
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amending s. 420.615, F.S.; authorizing a local
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government to provide a density bonus incentive to
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landowners who make certain real property donations to
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assist in the provision of affordable housing for
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military families; requiring the Office of Program
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Policy Analysis and Government Accountability to
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evaluate the efficacy of using mezzanine finance and
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the potential of tiny homes for specified purposes;
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requiring the office to consult with certain entities;
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requiring the office to submit a certain report to the
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Legislature by a specified date; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsections (2) through (5) of section
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163.31771, Florida Statutes, are amended, and a new subsection
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(5) is added to that section, to read:
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163.31771 Accessory dwelling units.—
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(2) As used in this section, the term:
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(a) "Accessory dwelling unit" means an ancillary or
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secondary living unit, that has a separate kitchen, bathroom,
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and sleeping area, existing either within the same structure, or
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on the same lot, as the primary dwelling unit.
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(b) "Affordable rental" means that monthly rent and
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utilities do not exceed 30 percent of that amount which
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represents the percentage of the median adjusted gross annual
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income for extremely-low-income, very-low-income, low-income, or
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moderate-income persons.
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(c) "By right" means the ability to be approved without
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requiring a public hearing; a variance, conditional use permit,
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special permit, or special exception; or other discretionary
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action, other than a determination that a site plan conforms
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with applicable zoning regulations.
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(e)(c) "Local government" means a county or municipality.
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(f)(d) "Low-income persons" has the same meaning as in s.
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420.0004(11).
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(g)(e) "Moderate-income persons" has the same meaning as
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in s. 420.0004(12).
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(h) "Primary dwelling unit" means the existing or proposed
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single-family dwelling on the property where a proposed
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accessory dwelling unit would be located.
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(i)(f) "Very-low-income persons" has the same meaning as
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in s. 420.0004(17).
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(d)(g) "Extremely-low-income persons" has the same meaning
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as in s. 420.0004(9).
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(3) By December 1, 2026, a local government shall may
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adopt an ordinance to allow accessory dwelling units by right in
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any area zoned for single-family residential use. Such ordinance
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must apply prospectively to accessory dwelling units approved
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after the date the ordinance is adopted. Such ordinance may
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regulate the permitting, construction, and use of an accessory
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dwelling unit but may not do any of the following:
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(a) Require that the owner of a parcel on which an
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accessory dwelling unit is constructed reside in the primary
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dwelling unit.
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(b) Increase parking requirements on any parcel that can
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accommodate an additional motor vehicle on a driveway without
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impeding access to the primary dwelling unit.
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(c) Require replacement parking if a garage, carport, or
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covered parking structure is converted to create an accessory
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dwelling unit.
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(d) Impose discretionary review or hearing standards, such
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as requiring a conditional use approval or special exception to
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construct an accessory dwelling unit, or other review standards
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that do not apply generally to other housing in the same
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district or zone.
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(4) An application for a building permit to construct an
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accessory dwelling unit must include an affidavit from the
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applicant which attests that the unit will be rented at an
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affordable rate to an extremely-low-income, very-low-income,
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low-income, or moderate-income person or persons.
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(4)(5) Each accessory dwelling unit allowed by an
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ordinance adopted under this section which provides affordable
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rental housing shall apply toward satisfying the affordable
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housing component of the housing element in the local
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government's comprehensive plan under s. 163.3177(6)(f).
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(5) The owner of a property with an accessory dwelling
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unit may not be denied a homestead exemption for those portions
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of property on which the owner maintains a permanent residence
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solely on the basis of the property containing an accessory
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dwelling unit that is or may be rented to another person.
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However, if the accessory dwelling unit is rented to another
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person, the accessory dwelling unit must be assessed separately
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from the homestead property and taxed according to its use. Section 2. Subsection (1) of section 420.615, Florida
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Statutes, is amended to read:
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420.615 Affordable housing land donation density bonus
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incentives.—
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(1) A local government may provide density bonus
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incentives pursuant to the provisions of this section to any
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landowner who voluntarily donates fee simple interest in real
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property to the local government for the purpose of assisting
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the local government in providing affordable housing, including
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housing that is affordable for military families receiving the
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basic allowance for housing. Donated real property must be
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determined by the local government to be appropriate for use as
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affordable housing and must be subject to deed restrictions to
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ensure that the property will be used for affordable housing.
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Section 3. The Office of Program Policy Analysis and
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Government Accountability (OPPAGA) shall evaluate the efficacy
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of using mezzanine finance, or second-position short-term debt,
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to stimulate the construction of owner-occupied housing that is
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affordable as defined in s. 420.0004(3), Florida Statutes, in
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this state. OPPAGA shall also evaluate the potential of tiny
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homes in meeting the need for affordable housing in this state.
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OPPAGA shall consult with the Florida Housing Finance
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Corporation and the Shimberg Center for Housing Studies at the
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University of Florida in conducting its evaluation. By December
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31, 2027, OPPAGA shall submit a report of its findings to the
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President of the Senate and the Speaker of the House of
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Representatives. Such report must include recommendations for
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the structuring of a model mezzanine finance program.
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Section 4. This act shall take effect July 1, 2026.