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State Land Use Enacted Legislation
| Bill # | State | Year | Party | Topic |
|---|---|---|---|---|
SB 1456 |
FL | 2024 | R | Affordable housing incentives and financing, Planning for climate adaptation and hazards, Workforce Housing |
Provided by Furman
Summary
- Applies specifically to the Florida Keys and the City of Key West Areas of Critical State Concern (ACSC).
- Development in these areas is subject to limits that maintain the ability to evacuate permanent residents 24 hours before a hurricane strikes, with non-permanent residents and visitors evacuated earlier. The bill revises the evacuation time criteria to provide that mobile home residents are not considered permanent residents to be evacuated in the last phase. The bill also clarifies that, for the purpose of calculations on evacuation time, Key West must be included with the other keys.
- Authorizes land authorities, which operate in ACSC to require compliance with income limitations on land conveyed for affordable housing by memorializing the original land authority funding or contribution in a recordable perpetual deed restriction.
- Requires income eligibility at every resale of affordable homeownership units.
- Mandates a perpetual deed restriction recording the land authority’s contribution.
- While the affordability restriction is permanent, it can be subordinated to a bank’s first mortgage or state/federal loans. This makes it easier for developers or buyers to get traditional financing.
- The law removes the rigid requirement that exactly 30% of trust funds go to “very-low-income” and 30% to “low-income” residents in these areas. This allows local governments to spend money where it’s needed most based on local data.
- Relaxes the requirement of setting aside a trust fund, 30% for very-low-income and 30% for low-income, for ACSC counties.
- Applies only to certain counties/municipalities with Areas of Critical State Concern (ACSC) designated by the legislature with an intent to provide affordable housing.
- Allows ACSC counties to use up to $35 million of surplus tourist development and tourist impact taxes for affordable workforce housing.
- Must remain affordable for at least 99-years.
- Spending requires majority approval of the county commissioners.
Provided by lawmakers
Bill Title
Counties Designated as Areas of Critical State Concern