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State Land Use Enacted Legislation
| Bill # | State | Year | Party | Topic |
|---|---|---|---|---|
SB 102 |
FL | 2023 | R | Affordable housing incentives and financing, By-right zoning, Commercial land, Density bonus, Funding, Lands near transit, Minimum parking requirements, Non-profit owned, Other streamlining, Publicly-owned, Tax Incentives, Technical assistance, Workforce Housing |
Provided by Furman
Summary
- Makes various changes and additions to affordable housing related programs and policies at both the state and local level.
- State Level:
- Florida Housing Finance Corporation (FHFC) is a public-private entity that administers the two largest statewide affordable housing programs: the State Apartment Incentive Loan (SAIL) program and the State Housing Initiatives Partnership (SHIP) program.
- Provides appropriations for these two programs:
- SHIP: $252 million in non-recurring funds from the Local Government Housing Trust Fund for the SHIP program for the 2023-2024 fiscal year (§45).
- SAIL:
- $109 million in non-recurring funds from the State Housing Trust Fund for the SAIL program for the 2023-2024 fiscal year (§46).
- $100 million in non-recurring funds from the General Revenue Fund to implement a competitive loan program to alleviate inflation-related cost increases for FHFC-approved multifamily projects that have not yet commenced construction; funds unallocated as of December 1, 2023, will be dedicated as additional SAIL funding (effective upon becoming a law) (§47).
- Creates the Live Local Program, “a new tax donation program to allow corporate taxpayers to direct certain tax payments to the FHFC, up to $100 million annually, to fund the SAIL program. Of these funds, up to $25 million annually can be dedicated to loans for the construction of large-scale projects of significant regional impact.” (§34).
- Live Local Projects must serve households living at or below 80% of the AMI.
- Enables FHFC to provide up to a $5,000 refund for sales tax paid on building materials used to construct an affordable housing unit (§12).
- Enables FHFC to invest in affordable housing developments for those in or aging out of foster care (§31).
- Temporarily exempts documentary stamp tax revenues from the General Revenue service charge to provide up to $150 million in recurring funding to the SAIL program for specified priorities, such as urban infill projects and projects near military installations (§32).
- Establishes the Florida Hometown Hero down payment assistance program for first-time homebuyers with incomes up to 150% of AMI and employed by a Florida-based employer. Appropriates $100 million (non-recurring funds) from the General Revenue Fund to implement (§35).
- Requires managers of state nonconservation lands to analyze whether such lands would be more appropriately transferred to a local government for affordable housing related purposes (§23).
- Expands ad valorem property tax exemptions for affordable housing. (§8)
- Enables distribution of Job Growth Grant Funds for infrastructure supporting affordable housing. (§25)
- Increases the amount of tax credits available through the Community Contribution Tax Credit Program for affordable housing from $14.5 million to $25 million annually (§12).
- Local Level:
- Overrides local zoning, density, and height ordinances to require by-right affordable multifamily housing on commercial, industrial, and mixed-use lands. (§§ 3, 5).
- Preempts local rent control (§§ 2, 6).
- Removes a local government’s ability to approve affordable housing on residential parcels by bypassing state and local laws that may otherwise preclude such development, while retaining such right for commercial and industrial parcels (§3).
- Removes provision in current law allowing local governments to impose rent control under certain emergency circumstances, preempting rent control ordinances entirely (§5).
- Requires counties and cities to update and electronically publish the inventory of publicly owned properties which may be appropriate for affordable housing development (§4).
- Requires local governments to maintain a public written policy outlining procedures for expediting building permits and development orders for affordable housing projects (§38).
- Provides that the Department of Economic Opportunity’s 2018 Keys Workforce Housing Initiative, which authorized the construction of up to 1,300 affordable housing units in the Keys area, is an exception to the evacuation time requirements that otherwise apply in Monroe County (§42).
Provided by lawmakers
Bill Title
Live Local Act