The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Appropriations
BILL: CS/SB 102
INTRODUCER: Appropriations Committee, and Senator Calatayud and others
SUBJECT: Housing
DATE: February 24, 2023 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Hackett Ryon CA Favorable
2. Nortelus Sadberry AP Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 102 makes various changes and additions to affordable housing related programs and
policies at both the state and local level.
Much of the bill involves the Florida Housing Finance Corporation (FHFC), 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. With regards to the FHFC, the bill:
 Provides up to $150 million annually to the SAIL program for certain specified uses such as
infill and projects near military installations. These funds are to be redirected from the
General Revenue service charge, and this provision sunsets 2033.
 Provides up to a $5,000 refund for sales tax paid on building materials used to construct an
affordable housing unit funded through the FHFC.
 Creates 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.
 Codifies the Florida Hometown Heroes down payment assistance program, retaining the
structure as it exists while increasing the monetary limit per loan and the scope of eligibility.
 Adds two members to the FHFC Board of Directors, one appointed by the leader of each
chamber of the Legislature.
 Broadens the ability for the FHFC to invest in affordable housing developments for those in
or aging out of foster care.
 Adds a requirement to its annual legislative budget request.
 Makes a technical amendment to the qualified contracts process.
 BILL: CS/SB 102 Page 2
With regards to other state-level resources, the bill:
 Revises the State Housing Strategy to align with current best practices and goals.
 Requires nonconservation land managers to analyze whether such lands would be more
appropriately transferred to a local government for affordable housing related purposes.
 Clarifies current law to ensure all local government requests for surplus lands are expedited.
 Expands Job Growth Grant Fund eligibility to specifically authorize public infrastructure
projects that support affordable housing.
 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.
With regards to local governments, the bill:
 Preempts local governments’ requirements regarding zoning, density, and height to allow for
streamlined development of affordable housing in commercial and mixed-use zoned areas
under certain circumstances. Developments that meet the requirements may not require a
zoning change or comprehensive plan amendment.
 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.
 Removes provision in current law allowing local governments to impose rent control under
certain circumstances, preempting rent control ordinances entirely.
 Requires counties and cities to update and electronically publish the inventory of publicly
owned properties, for counties including property owned by a dependent special district,
which may be appropriate for affordable housing development.
 Authorizes the FHFC, through contract with the Florida Housing Coalition, to provide
technical assistance to local governments to facilitate the use or lease of county or municipal
property for affordable housing purposes.
 Requires local governments to maintain a public written policy outlining procedures for
expediting building permits and development orders for affordable housing projects.
 Provides that the Keys Workforce Housing Initiative is an exception to evacuation time
requirements and that comprehensive plan and land use amendments approved under that
initiative are valid.

The bill also introduces three ad valorem property tax exemptions:
 An ad valorem tax exemption for land owned by a nonprofit entity that is leased for a
minimum of 99 years for the purpose of providing affordable housing.
 An ad valorem tax exemption that applies to rent-restricted units within newly constructed or
substantially rehabilitated developments setting aside at least 70 units for affordable housing
for households earning 120 percent of area median income or less.
 Authorizes counties and municipalities to offer, through ordinance, an ad valorem tax
exemption to property owners who dedicate units for affordable housing for households
earning 60 percent of area median income or less.
The bill contains the following appropriations to the FHFC:
 $100 million in non-recurring funds from the General Revenue Fund to implement the
Florida Hometown Heroes Program;
BILL: CS/SB 102 Page 3
 $252 million in non-recurring funds from the Local Government Housing Trust Fund for the
SHIP program;
 $150 million in recurring funds from the State Housing Trust Fund for SAIL projects funded
by the General Revenue service charge redirect in the bill.
 $109 million in non-recurring funds from the State Housing Trust Fund for the SAIL
program; and
 $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.
See Section V., Fiscal Impact Statement, for Revenue Estimating Conference analysis on
individual components of the bill.
Except as otherwise provided, the bill takes effect July 1, 2023.
II. Present Situation:
The present situation for each issue is described below in Section III, Effect of Proposed
Changes.
III. Effect of Proposed Changes:
Present Situation:
Affordable Housing
One major goal at all levels of government is to ensure that citizens have access to affordable
housing. Housing is considered affordable when it costs less than 30 percent of a family’s gross
income. A family paying more than 30 percent of its income for housing is considered “cost
burdened,” while those paying more than 50 percent are considered “extremely cost burdened.”
Severely cost burdened households are more likely to sacrifice other necessities such as healthy
food and healthcare to pay for housing, and to experience unstable housing situations such as
eviction.
Affordable housing is defined in terms of household income. Resident eligibility for Florida’s
state and federally funded housing programs is typically governed by area median income (AMI)
levels. These levels are published annually by the U.S. Department of Housing and Urban
Development (HUD) for every county and metropolitan area. The following are standard
household income level definitions and their relationship to the 2022 Florida state AMI of
$78,300 for a family of four (as family size increases or decreases, the income range also
increases or decreases):1
 Extremely low income – earning up to 30% AMI (at or below $ 23,500);2
 Very low income – earning from 30.01 to 50% AMI ($23,501 to $39,150);3
1
U.S. Department of Housing and Urban Development, Income Limits, Access Individual Income Limits Areas – Click Here
for FY 2022 IL Documentation, available at https://www.huduser.gov/portal/datasets/il.html#2022 (last visited January 25,
2023).
2
Section 420.0004(9), F.S.
3
Section 420.0004(17), F.S.
BILL: CS/SB 102 Page 4
 Low income – earning from 50.01 to 80% AMI ($39,151 to $62,650); 4 and
 Moderate income – earning from 80.01 to 120% of AMI ($62,651 to $94,000).5
To illustrate, below are examples of income thresholds from various counties in Florida:
AMI % Single Income 30% 60% 80% 120% 150%
Miami-Dade 20,490 40,980 54,640 81,960 102,450
Collier 19,830 39,660 52,880 79,320 99,150
Leon 17,070 34,140 45,520 68,280 85,350
6
Bradford 12,750 25,500 34,000 51,000 63,750
AMI % Family of 4 30% 60% 80% 120% 150%
Miami-Dade 29,250 58,500 78,000 117,000 146,250
Collier 28,290 56,580 75,440 113,160 141,450
Leon 24,360 48,720 64,960 97,440 121,800
7
Bradford 18,210 36,420 48,560 72,840 91,050
Housing costs reflect what people are willing to pay to live in an area, which may make it
difficult for the workforce, elders, and people with disabilities to find affordable homes and
apartments. The government helps make housing affordable through decreased monthly rent or
mortgage payments so that income eligible families are able to pay less for housing than it would
otherwise cost at “market rate.” Lower monthly payments or down payment assistance is a result
of affordable housing financing.
Florida Housing Finance Corporation
The 1997 Legislature created the Florida Housing Finance Corporation (FHFC) as a public-
private entity to assist in providing a range of affordable housing opportunities for Floridians.8
The FHFC is a corporation held by the state and housed within the Department of Economic
Opportunity (DEO). The FHFC is a separate budget entity and its operations, including those
relating to personnel, purchasing, transactions involving real or personal property, and budgetary
matters, are not subject to control, supervision, or direction by the DEO.9
The goal of the FHFC is to increase the supply of safe, affordable housing for individuals and
families with very low to moderate incomes by stimulating investment of private capital and
encouraging public and private sector housing partnerships. As a financial institution, the FHFC
administers federal and state resources to finance the development and preservation of affordable
rental housing and assist homebuyers with financing and down payment assistance.
4
Section 420.0004(11), F.S.
5
Section 420.0004(12), F.S.
6
This threshold applies to 18 counties: Bradford, DeSoto, Dixie, Glades, Hamilton, Hardee, Hendry, Holmes, Jackson, Levy,
Liberty, Madison, Okeechobee, Putnam, Suwanee, Taylor, Union, and Washington.
7
Id.
8
Chapter 97-167, Laws of Fla. From 1980 through 1997, the former Florida Housing Finance Agency, placed within the
former Department of Community Affairs, performed similar duties.
9
Section 420.504(1), F.S.
BILL: CS/SB 102 Page 5
Funding for Affordable Housing
The FHFC draws and administers funds from federal programs through federal tax credits and
the HUD,10 from the state through the State Housing Trust Fund and Local Government Housing
Trust Fund,11 both funded by documentary stamp taxes, as well as ad hoc individual legislative
appropriations, and through program income, which consists primarily of funds from successful
loan repayment that is recycled into the program it came from.
Documentary Stamp Tax
The documentary stamp tax imposes an excise tax on deeds or other documents that convey an
interest in Florida real property. The tax comprises two taxes imposed on different bases at
different tax rates. The first tax rate is 70 cents on each $100 of consideration for deeds,
instruments, or writings whereby lands, tenements, or other real property or interests that are
granted, assigned, transferred, conveyed or vested in a purchaser.12 The second tax rate is 35
cents per each $100 of consideration for certificates of indebtedness, promissory notes, wage
assignments, and retail charge account agreements.13 Revenue collected from the documentary
stamp tax is divided between the General Revenue Fund and various trust funds14 according to
the statutory formula in ch. 201, F.S.
Housing Trust Funds
The State Housing Trust Fund, administered by the FHFC,15 is “to be used for new construction
and substantial rehabilitation of housing, to improve the state’s ability to serve first-time
homebuyers, and to increase the affordability and availability of the housing stock in the State of
Florida.”16 The 1992 Sadowski Act increased documentary stamp tax rates and provided for a
certain proportion of documentary stamp tax revenues to be distributed to the State Housing
Trust Fund. A large portion of these funds are utilized in the State Apartment Incentive Loan
(SAIL) Program.
The Local Government Housing Trust Fund, administered by the FHFC,17 is used to fund the
State Housing Initiatives Partnership (SHIP) Program, which was created “for the purpose of
providing funds to local governments as an incentive for the creation of partnerships to produce
and preserve affordable housing.”18 A certain proportion of documentary stamp tax revenues are
distributed to the Local Government Housing Trust Fund.
10
See ss. 420.507(33) and 159.608, F.S.
11
Section 201.15, F.S.
12
Section 201.02(1), F.S.
13
Sections 201.07 and 201.08, F.S.
14
The Land Acquisition Trust Fund, the State Transportation Trust Fund, the State Economic Enhancement and
Development Trust Fund, the General Inspection Trust Fund, the Water Protection and Sustainability Program Trust Fund,
the Resilient Florida Trust Fund, the State Housing Trust Fund, and the Local Government Housing Trust Fund.
15
Chapter 92-317, ss. 1-35, Laws of Fla; Section 420.0005, F.S.
16
Chapter 88-376, s. 2, Laws of Fla.; s. 420.003(5), F.S. (1988).
17
Section 420.9079, F.S
18
Chapter 92-317, s. 32, Laws of Fla.; s. 420.9072, F.S. (1992).
BILL: CS/SB 102 Page 6
State Apartment Incentive Loan (SAIL) Program
The SAIL Program is administered by the FHFC and provides low-interest loans on a
competitive basis to multifamily affordable housing developers.19 These funds often serve to
bridge the gap between the development’s primary financing and the total cost of the
development. SAIL dollars are available for developers proposing to construct or substantially
rehabilitate multifamily rental housing.20
At a minimum, developments financed by SAIL must set aside 20 percent of units for
households at or below 50 percent of AMI, or if the development also receives Low Income
Housing Tax Credits21 (LIHTC), 40 percent of units for households up to 60 percent of AMI.22
Loan interest rates are set at zero percent for those developments that maintain 80 percent of
their occupancy for farmworkers, commercial fishing workers or homeless people. The interest
rates are set at one percent for all other developments. Generally, loans are issued for 15 years
and cover approximately 25 to 35 percent of the total development cost.
Development Funding Selection Process
SAIL funding is distributed by the FHFC through a competitive solicitation process. 23 Each year
the FHFC issues several requests for application, formal offers of funding that require hopeful
developers to give the FHFC detailed information related to the development. These requests for
application vary by geography and needs of the community, based on a statewide market stu