SESSION WATCH
THE BILL ITSELF

SB 756

Affordable Housing

VERSION S 756 Filed · BACK TO THE SUMMARY · OFFICIAL RECORD

underlined language is being added; struck language is being deleted. Line numbers are the Legislature's own — the same ones amendments cite.

Florida Senate - 2026 SB 756 By Senator Davis 5-01262-26 2026756__
1 A bill to be entitled
2 An act relating to affordable housing; amending s.
3 125.01055, F.S.; increasing the length of time that
4 certain rental units must remain affordable in order
5 to qualify for a specified zoning variance; amending
6 s. 166.04151, F.S.; requiring that certain incentives
7 be used for the construction of affordable housing;
8 increasing the length of time that certain rental
9 units must remain affordable in order to qualify for a
10 specified zoning variance; amending s. 196.1978, F.S.;
11 decreasing the maximum median income used to determine
12 eligibility for certain tax incentives; amending s.
13 201.02, F.S.; specifying that documentary stamp taxes
14 do not apply to deeds, transfers, or conveyances of
15 residential property to first-time homebuyers;
16 defining the term “first-time homebuyer”; amending s.
17 201.08, F.S.; specifying that documentary stamp taxes
18 do not apply to certain documents executed by a first
19 time homebuyer in connection with the purchase of a
20 principal residence; defining the term “first-time
21 homebuyer”; providing an effective date.
23 Be It Enacted by the Legislature of the State of Florida:
25 Section 1. Paragraph (a) of subsection (7) of section
26 125.01055, Florida Statutes, is amended to read:
27 125.01055 Affordable housing.—
28 (7)(a) A county must authorize multifamily and mixed-use
29 residential as allowable uses in any area zoned for commercial,
30 industrial, or mixed use, and in portions of any flexibly zoned
31 area such as a planned unit development permitted for
32 commercial, industrial, or mixed use, if at least 40 percent of
33 the residential units in a proposed multifamily development are
34 rental units that, for a period of at least 50 30 years, are
35 affordable as defined in s. 420.0004. Notwithstanding any other
36 law, local ordinance, or regulation to the contrary, a county
37 may not require a proposed multifamily development to obtain a
38 zoning or land use change, special exception, conditional use
39 approval, variance, transfer of density or development units,
40 amendment to a development of regional impact, or comprehensive
41 plan amendment for the building height, zoning, and densities
42 authorized under this subsection. For mixed-use residential
43 projects, at least 65 percent of the total square footage must
44 be used for residential purposes. The county may not require
45 that more than 10 percent of the total square footage of such
46 mixed-use residential projects be used for nonresidential
47 purposes.
48 Section 2. Subsection (4) and paragraph (a) of subsection
49 (7) of section 166.04151, Florida Statutes, are amended to read:
50 166.04151 Affordable housing.—
51 (4) In exchange for a developer fulfilling the requirements
52 of subsection (2) or, for residential or mixed-use residential
53 development, the requirements of subsection (3), a municipality
54 must provide incentives to fully offset all costs to the
55 developer of its affordable housing contribution or linkage fee.
56 Such incentives may include, but are not limited to:
57 (a) Allowing the developer density or intensity bonus
58 incentives or more floor space than allowed under the current or
59 proposed future land use designation or zoning;
60 (b) Reducing or waiving fees, such as impact fees or water
61 and sewer charges; or
62 (c) Granting other incentives.
64 Any incentives provided under this subsection must be used for
65 the construction of affordable housing.
66 (7)(a) A municipality must authorize multifamily and mixed
67 use residential as allowable uses in any area zoned for
68 commercial, industrial, or mixed use, and in portions of any
69 flexibly zoned area such as a planned unit development permitted
70 for commercial, industrial, or mixed use, if at least 40 percent
71 of the residential units in a proposed multifamily development
72 are rental units that, for a period of at least 50 30 years, are
73 affordable as defined in s. 420.0004. Notwithstanding any other
74 law, local ordinance, or regulation to the contrary, a
75 municipality may not require a proposed multifamily development
76 to obtain a zoning or land use change, special exception,
77 conditional use approval, variance, transfer of density or
78 development units, amendment to a development of regional
79 impact, amendment to a municipal charter, or comprehensive plan
80 amendment for the building height, zoning, and densities
81 authorized under this subsection. For mixed-use residential
82 projects, at least 65 percent of the total square footage must
83 be used for residential purposes. The municipality may not
84 require that more than 10 percent of the total square footage of
85 such mixed-use residential projects be used for nonresidential
86 purposes.
87 Section 3. Paragraphs (d) and (o) of subsection (3) of
88 section 196.1978, Florida Statutes, are amended to read:
89 196.1978 Affordable housing property exemption.—
90 (3)
91 (d)1. The property appraiser shall exempt:
92 a. Seventy-five percent of the assessed value of the units
93 in multifamily projects that meet the requirements of this
94 subsection and are used to house natural persons or families
95 whose annual household income is greater than 80 percent but not
96 more than 100 120 percent of the median annual adjusted gross
97 income for households within the metropolitan statistical area
98 or, if not within a metropolitan statistical area, within the
99 county in which the person or family resides; and
100 b. From ad valorem property taxes the units in multifamily
101 projects that meet the requirements of this subsection and are
102 used to house natural persons or families whose annual household
103 income does not exceed 80 percent of the median annual adjusted
104 gross income for households within the metropolitan statistical
105 area or, if not within a metropolitan statistical area, within
106 the county in which the person or family resides.
107 2. When determining the value of a unit for purposes of
108 applying an exemption pursuant to this paragraph, the property
109 appraiser must include in such valuation the proportionate share
110 of the residential common areas, including the land, fairly
111 attributable to such unit.
112 (o)1. Beginning with the 2025 tax roll, a taxing authority
113 may elect, upon adoption of an ordinance or resolution approved
114 by a two-thirds vote of the governing body, not to exempt
115 property under sub-subparagraph (d)1.a. located in a county
116 specified pursuant to subparagraph 2., subject to the conditions
117 of this paragraph.
118 2. A taxing authority must make a finding in the ordinance
119 or resolution that the most recently published Shimberg Center
120 for Housing Studies Annual Report, prepared pursuant to s.
121 420.6075, identifies that a county that is part of the
122 jurisdiction of the taxing authority is within a metropolitan
123 statistical area or region where the number of affordable and
124 available units in the metropolitan statistical area or region
125 is greater than the number of renter households in the
126 metropolitan statistical area or region for the category
127 entitled “0- 100 120 percent AMI.”
128 3. An election made pursuant to this paragraph may apply
129 only to the ad valorem property tax levies imposed within a
130 county specified pursuant to subparagraph 2. by the taxing
131 authority making the election.
132 4. The ordinance or resolution must take effect on the
133 January 1 immediately succeeding adoption and shall expire on
134 the second January 1 after the January 1 in which the ordinance
135 or resolution takes effect. The ordinance or resolution may be
136 renewed prior to its expiration pursuant to this paragraph.
137 5. The taxing authority proposing to make an election under
138 this paragraph must advertise the ordinance or resolution or
139 renewal thereof pursuant to the requirements of s. 50.011(1)
140 prior to adoption.
141 6. The taxing authority must provide to the property
142 appraiser the adopted ordinance or resolution or renewal thereof
143 by the effective date of the ordinance or resolution or renewal
144 thereof.
145 7. Notwithstanding an ordinance or resolution or renewal
146 thereof adopted pursuant to this paragraph, property in a
147 multifamily project that received an exemption pursuant to sub
148 subparagraph (d)1.a. before the adoption or renewal of such
149 ordinance or resolution may continue to receive such exemption
150 for each subsequent consecutive year that the same owner or each
151 successive owner applies for and is granted the exemption.
152 Section 4. Present subsections (9), (10), and (11) of
153 section 201.02, Florida Statutes, are redesignated as
154 subsections (10), (11), and (12), respectively, and a new
155 subsection (9) is added to that section, to read:
156 201.02 Tax on deeds and other instruments relating to real
157 property or interests in real property.—
158 (9) Taxes imposed by this section do not apply to a deed,
159 transfer, or conveyance that transfers or conveys residential
160 property to a first-time homebuyer for use as a principal
161 residence. For purposes of this subsection, the term “first-time
162 homebuyer” means a person who has not held ownership interest in
163 a principal residence during the 3-year period before the date
164 of purchase of the principal residence and who is a moderate
165 income person as defined in s. 420.602.
166 Section 5. Subsection (10) is added to section 201.08,
167 Florida Statutes, to read:
168 201.08 Tax on promissory or nonnegotiable notes, written
169 obligations to pay money, or assignments of wages or other
170 compensation; exception.—
171 (10) Taxes imposed by this section do not apply to
172 documents described in subsection (1) that are executed by a
173 first-time homebuyer in connection with the purchase of a
174 principal residence. For purposes of this subsection, the term
175 “first-time homebuyer” means a person who has not held ownership
176 interest in a principal residence during the 3-year period
177 before the date of purchase of the principal residence and who
178 is a moderate-income person as defined in s. 420.602.
179 Section 6. This act shall take effect July 1, 2026.