THE BILL ITSELF
CS/HB 675
Affordable Housing
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A bill to be entitled
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An act relating to affordable housing; amending ss.
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125.010555 and 166.04151, F.S.; requiring certain
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incentives be used for the construction of affordable
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housing; revising upwards the length of time that
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certain rental units must remain affordable in order
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to qualify for a specified zoning variance; amending
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s. 196.1978, F.S.; revising downward the maximum
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median income used to determine eligibility for
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certain tax incentives; amending s. 201.02, F.S.;
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specifying that documentary stamp taxes do not apply
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to deeds, transfers, or conveyances of residential
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property to first-time homebuyers; defining the term
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"first-time homebuyer"; amending s. 201.08, F.S.;
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specifying that documentary stamp taxes do not apply
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to certain documents executed by a first-time
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homebuyer in connection with the purchase of a
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principal residence; defining the term "first-time
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homebuyer"; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsection (4) and paragraph (a) of subsection
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(7) of section 125.01055, Florida Statutes, are amended to read:
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125.01055 Affordable housing.—
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(4) In exchange for a developer fulfilling the
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requirements of subsection (2) or, for residential or mixed-use
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residential development, the requirements of subsection (3), a
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county must provide incentives to fully offset all costs to the
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developer of its affordable housing contribution or linkage fee.
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Such incentives may include, but are not limited to:
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(a) Allowing the developer density or intensity bonus
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incentives or more floor space than allowed under the current or
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proposed future land use designation or zoning;
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(b) Reducing or waiving fees, such as impact fees or water
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and sewer charges; or
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(c) Granting other incentives.
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Any incentives provided under this subsection must be used for
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the construction of affordable housing.
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(7)(a) A county must authorize multifamily and mixed-use
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residential as allowable uses in any area zoned for commercial,
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industrial, or mixed use, and in portions of any flexibly zoned
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area such as a planned unit development permitted for
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commercial, industrial, or mixed use, if at least 40 percent of
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the residential units in a proposed multifamily development are
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rental units that, for a period of at least 50 30 years, are
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affordable as defined in s. 420.0004. Notwithstanding any other
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law, local ordinance, or regulation to the contrary, a county
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may not require a proposed multifamily development to obtain a
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zoning or land use change, special exception, conditional use
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approval, variance, transfer of density or development units,
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amendment to a development of regional impact, or comprehensive
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plan amendment for the building height, zoning, and densities
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authorized under this subsection. For mixed-use residential
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projects, at least 65 percent of the total square footage must
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be used for residential purposes. The county may not require
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that more than 10 percent of the total square footage of such
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mixed-use residential projects be used for nonresidential
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purposes.
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Section 2. Subsection (4) and paragraph (a) of subsection
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(7) of section 166.04151, Florida Statutes, are amended to read:
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166.04151 Affordable housing.—
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(4) In exchange for a developer fulfilling the
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requirements of subsection (2) or, for residential or mixed-use
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residential development, the requirements of subsection (3), a
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municipality must provide incentives to fully offset all costs
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to the developer of its affordable housing contribution or
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linkage fee. Such incentives may include, but are not limited
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to:
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(a) Allowing the developer density or intensity bonus
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incentives or more floor space than allowed under the current or
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proposed future land use designation or zoning;
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(b) Reducing or waiving fees, such as impact fees or water
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and sewer charges; or
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(c) Granting other incentives.
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Any incentives provided under this subsection must be used for
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the construction of affordable housing.
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(7)(a) A municipality must authorize multifamily and
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mixed-use residential as allowable uses in any area zoned for
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commercial, industrial, or mixed use, and in portions of any
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flexibly zoned area such as a planned unit development permitted
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for commercial, industrial, or mixed use, if at least 40 percent
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of the residential units in a proposed multifamily development
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are rental units that, for a period of at least 50 30 years, are
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affordable as defined in s. 420.0004. Notwithstanding any other
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law, local ordinance, or regulation to the contrary, a
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municipality may not require a proposed multifamily development
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to obtain a zoning or land use change, special exception,
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conditional use approval, variance, transfer of density or
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development units, amendment to a development of regional
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impact, amendment to a municipal charter, or comprehensive plan
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amendment for the building height, zoning, and densities
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authorized under this subsection. For mixed-use residential
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projects, at least 65 percent of the total square footage must
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be used for residential purposes. The municipality may not
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require that more than 10 percent of the total square footage of
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such mixed-use residential projects be used for nonresidential
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purposes.
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Section 3. Paragraphs (d) and (o) of subsection (3) of
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section 196.1978, Florida Statutes, are amended to read:
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196.1978 Affordable housing property exemption.—
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(3)
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(d)1. The property appraiser shall exempt:
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a. Seventy-five percent of the assessed value of the units
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in multifamily projects that meet the requirements of this
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subsection and are used to house natural persons or families
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whose annual household income is greater than 80 percent but not
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more than 100 120 percent of the median annual adjusted gross
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income for households within the metropolitan statistical area
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or, if not within a metropolitan statistical area, within the
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county in which the person or family resides; and
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b. From ad valorem property taxes the units in multifamily
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projects that meet the requirements of this subsection and are
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used to house natural persons or families whose annual household
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income does not exceed 80 percent of the median annual adjusted
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gross income for households within the metropolitan statistical
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area or, if not within a metropolitan statistical area, within
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the county in which the person or family resides.
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2. When determining the value of a unit for purposes of
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applying an exemption pursuant to this paragraph, the property
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appraiser must include in such valuation the proportionate share
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of the residential common areas, including the land, fairly
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attributable to such unit.
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(o)1. Beginning with the 2025 tax roll, a taxing authority
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may elect, upon adoption of an ordinance or resolution approved
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by a two-thirds vote of the governing body, not to exempt
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property under sub-subparagraph (d)1.a. located in a county
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specified pursuant to subparagraph 2., subject to the conditions
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of this paragraph.
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2. A taxing authority must make a finding in the ordinance
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or resolution that the most recently published Shimberg Center
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for Housing Studies Annual Report, prepared pursuant to s.
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420.6075, identifies that a county that is part of the
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jurisdiction of the taxing authority is within a metropolitan
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statistical area or region where the number of affordable and
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available units in the metropolitan statistical area or region
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is greater than the number of renter households in the
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metropolitan statistical area or region for the category
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entitled "0-100 120 percent AMI."
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3. An election made pursuant to this paragraph may apply
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only to the ad valorem property tax levies imposed within a
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county specified pursuant to subparagraph 2. by the taxing
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authority making the election.
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4. The ordinance or resolution must take effect on the
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January 1 immediately succeeding adoption and shall expire on
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the second January 1 after the January 1 in which the ordinance
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or resolution takes effect. The ordinance or resolution may be
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renewed prior to its expiration pursuant to this paragraph.
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5. The taxing authority proposing to make an election
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under this paragraph must advertise the ordinance or resolution
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or renewal thereof pursuant to the requirements of s. 50.011(1)
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prior to adoption.
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6. The taxing authority must provide to the property
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appraiser the adopted ordinance or resolution or renewal thereof
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by the effective date of the ordinance or resolution or renewal
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thereof.
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7. Notwithstanding an ordinance or resolution or renewal
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thereof adopted pursuant to this paragraph, property in a
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multifamily project that received an exemption pursuant to sub-
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subparagraph (d)1.a. before the adoption or renewal of such
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ordinance or resolution may continue to receive such exemption
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for each subsequent consecutive year that the same owner or each
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successive owner applies for and is granted the exemption.
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Section 4. Subsections (9), (10), and (11) of section
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201.02, Florida Statutes, are renumbered as subsections (10),
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(11), and (12), respectively, and a new subsection (9) is added
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to that section, to read:
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201.02 Tax on deeds and other instruments relating to real
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property or interests in real property.—
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(9) Taxes imposed by this section do not apply to a deed,
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transfer, or conveyance that transfers or conveys residential
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property to a first-time homebuyer for use as a principal
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residence. For purposes of this subsection, the term "first-time
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homebuyer" means an individual and, if married, such
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individual's spouse, who has no present ownership interest in a
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principal residence during the 3-year period ending on the date
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of purchase of the principal residence and who is a moderate-
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income person, low-income person, or very-low-income person as
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defined in s. 420.602.
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Section 5. Subsection (10) is added to section 201.08,
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Florida Statutes, to read:
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201.08 Tax on promissory or nonnegotiable notes, written
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obligations to pay money, or assignments of wages or other
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compensation; exception.—
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(10) Taxes imposed by this section do not apply to
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documents described in subsection (1) that are executed by a
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first-time homebuyer in connection with the purchase of a
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principal residence. For purposes of this subsection, the term
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"first-time homebuyer" means an individual and, if married, such
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individual's spouse, who has no present ownership interest in a
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principal residence during the 3-year period ending on the date
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of purchase of the principal residence and who is a moderate-
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income person, low-income person, or very-low-income person as
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defined in s. 420.602.
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Section 6. This act shall take effect July 1, 2026.