Bill Summary – FastDemocracy

       Florida Senate - 2024                                    SB 1552



       By Senator Gruters





       22-01453A-24                                          20241552__
                      A bill to be entitled                      
       An act relating to housing developments; amending s.
       163.3164, F.S.; revising the definition of the term
       “urban infill”; amending s. 196.1978, F.S.; conforming
       provisions to changes made by the act; amending s.
       380.093, F.S.; authorizing the Department of
       Environmental Protection to provide certain grants to
       community development districts for specified
       purposes; authorizing community development districts
       to submit a list of certain proposed projects to the
       department; amending s. 420.0004, F.S.; revising the
       definition of the term “moderate-income persons”;
       amending s. 420.50871, F.S.; requiring the total
       number of units for certain new developments or
       redevelopments to be based on plans that include
       certain factors; prohibiting certain projects from
       requiring certain tax credits or bond financing;
       amending s. 420.50872, F.S.; authorizing the
       corporation to use certain contributions for certain
       new construction projects to replace obsolete homes in
       mobile home parks and manufactured home communities;
       prohibiting such projects from requiring certain tax
       credits or bond financing; providing an effective
       date.
        
Be It Enacted by the Legislature of the State of Florida:

       Section 1. Subsection (49) of section 163.3164, Florida
Statutes, is amended to read:
       163.3164 Community Planning Act; definitions.—As used in
this act:
       (49) “Urban infill” means the development of vacant parcels
in otherwise built-up areas where public facilities such as
sewer systems, roads, schools, and recreation areas are already
in place and the average residential density is at least five
dwelling units per acre, the average nonresidential intensity is
at least a floor area ratio of 1.0, and vacant, developable land
does not constitute more than 10 percent of the area. The term
also includes the development or redevelopment of mobile home
parks and manufactured home communities that meet the urban
infill criteria.
       Section 2. Paragraph (a) of subsection (2) of section
196.1978, Florida Statutes, is amended to read:
       196.1978 Affordable housing property exemption.—
       (2)(a) Notwithstanding ss. 196.195 and 196.196, property in
a multifamily project that meets the requirements of this
subsection is considered property used for a charitable purpose
and is exempt from ad valorem tax beginning with the January 1
assessment after the 15th completed year from the earliest of:
       1. The effective date of the recorded agreement on those
portions of the affordable housing property that provide housing
to natural persons or families meeting the extremely-low-income,
very-low-income, or low-income, or moderate-income limits
specified in s. 420.0004;
       2. The first day of the first taxable year in which the
property was placed in service as an affordable housing property
that provides housing to natural persons or families meeting the
extremely-low-income, very-low-income, or low-income, or
moderate-income limits specified in s. 420.0004; or
       3. The date the property received a certificate of
occupancy or a certificate of substantial completion, as
applicable, allowing the property to be used as an affordable
housing property that provides housing to natural persons or
families meeting the extremely-low-income, very-low-income, or
low-income, or moderate-income limits specified in s. 420.0004.
       Section 3. Paragraph (b) of subsection (3) and paragraph
(d) of subsection (5) of section 380.093, Florida Statutes, are
amended to read:
       380.093 Resilient Florida Grant Program; comprehensive
statewide flood vulnerability and sea level rise data set and
assessment; Statewide Flooding and Sea Level Rise Resilience
Plan; regional resilience entities.—
       (3) RESILIENT FLORIDA GRANT PROGRAM.—
       (b) Subject to appropriation, the department may provide
grants to each of the following entities:
       1. A county or municipality to fund:
       a. The costs of community resilience planning and necessary
data collection for such planning, including comprehensive plan
amendments and necessary corresponding analyses that address the
requirements of s. 163.3178(2)(f).
       b. Vulnerability assessments that identify or address risks
of inland or coastal flooding and sea level rise.
       c. The development of projects, plans, and policies that
allow communities to prepare for threats from flooding and sea
level rise.
       d. Preconstruction activities for projects to be submitted
for inclusion in the Statewide Flooding and Sea Level Rise
Resilience Plan that are located in a municipality that has a
population of 10,000 or fewer or a county that has a population
of 50,000 or fewer, according to the most recent April 1
population estimates posted on the Office of Economic and
Demographic Research’s website.
       e. Feasibility studies and the cost of permitting for
nature-based solutions that reduce the impact of flooding and
sea level rise.
       2. A water management district identified in s. 373.069 to
support local government adaptation planning, which may be
conducted by the water management district or by a third party
on behalf of the water management district. Such grants must be
used for the express purpose of supporting the Florida Flood Hub
for Applied Research and Innovation and the department in
implementing this section through data creation and collection,
modeling, and the implementation of statewide standards.
Priority must be given to filling critical data gaps identified
by the Florida Flood Hub for Applied Research and Innovation
under s. 380.0933(2)(a).
       3. A community development district, as defined in s.
190.003, which is authorized under chapter 190 to fund the
construction or reconstruction of critical assets as authorized
by the enabling ordinance that created the community development
district or as required by a county or municipal development
order.
       (5) STATEWIDE FLOODING AND SEA LEVEL RISE RESILIENCE PLAN.—
       (d)1. By September 1, 2021, and each September 1
thereafter, the following entities may submit to the department
a list of proposed projects that address risks of flooding or
sea level rise identified in vulnerability assessments that meet
the requirements of subsection (3):
       a. Counties.
       b. Municipalities.
       c. Special districts as defined in s. 189.012 that are
responsible for the management and maintenance of inlets and
intracoastal waterways or for the operation and maintenance of a
potable water facility, a wastewater facility, an airport, or a
seaport facility.
       d. A community development district, as defined in s.
190.003, which is authorized under chapter 190 to fund the
construction or reconstruction of critical assets as authorized
by the enabling ordinance that created the community development
district or as required by a county or municipal development
order.

For the plans submitted by December 1, 2021; December 1, 2022;
and December 1, 2023, such entities may submit projects
identified in existing vulnerability assessments that do not
comply with subsection (3). A regional resilience entity may
also submit proposed projects to the department pursuant to this
subparagraph on behalf of one or more member counties or
municipalities.
       2. By September 1, 2021, and each September 1 thereafter,
the following entities may submit to the department a list of
any proposed projects that mitigate the risks of flooding or sea
level rise on water supplies or water resources of the state and
a corresponding evaluation of each project:
       a. Water management districts.
       b. Drainage districts.
       c. Erosion control districts.
       d. Flood control districts.
       e. Regional water supply authorities.
       f. A community development district, as defined in s.
190.003, which is authorized under chapter 190 to fund the
construction or reconstruction of critical assets as authorized
by the enabling ordinance that created the community development
district or as required by a county or municipal development
order.
       3. Each project submitted to the department pursuant to
this paragraph for consideration by the department for inclusion
in the plan must include:
       a. A description of the project.
       b. The location of the project.
       c. An estimate of how long the project will take to
complete.
       d. An estimate of the cost of the project.
       e. The cost-share percentage available for the project.
       f. The project sponsor.
       Section 4. Subsection (12) of section 420.0004, Florida
Statutes, is amended to read:
       420.0004 Definitions.—As used in this part, unless the
context otherwise indicates:
       (12) “Moderate-income persons” means one or more natural
persons or a family, the total annual adjusted gross household
income of which is less than 120 percent of the median annual
adjusted gross income for households within the state, or 120
percent of the median annual adjusted gross income for
households within the metropolitan statistical area (MSA) or, if
not within an MSA, within the county in which the person or
family resides, whichever is greater. In counties with a
population of 1 million or more, the term means one or more
natural persons or a family, the total annual adjusted gross
household income of which is less than 140 percent of the median
annual adjusted gross income for households within the state or
140 percent of the median annual adjusted gross income for
households within the MSA, whichever is greater.
       Section 5. Subsection (5) of section 420.50871, Florida
Statutes, is renumbered as subsection (6), paragraphs (a) and
(b) of subsection (1) are amended, and a new subsection (5) is
added to that section, to read:
       420.50871 Allocation of increased revenues derived from
amendments to s. 201.15 made by ch. 2023-17.—Funds that result
from increased revenues to the State Housing Trust Fund derived
from amendments made to s. 201.15 made by chapter 2023-17, Laws
of Florida, must be used annually for projects under the State
Apartment Incentive Loan Program under s. 420.5087 as set forth
in this section, notwithstanding ss. 420.507(48) and (50) and
420.5087(1) and (3). The Legislature intends for these funds to
provide for innovative projects that provide affordable and
attainable housing for persons and families working, going to
school, or living in this state. Projects approved under this
section are intended to provide housing that is affordable as
defined in s. 420.0004, notwithstanding the income limitations
in s. 420.5087(2). Beginning in the 2023-2024 fiscal year and
annually for 10 years thereafter:
       (1) The corporation shall allocate 70 percent of the funds
provided by this section to issue competitive requests for
application for the affordable housing project purposes
specified in this subsection. The corporation shall finance
projects that:
       (a) Both redevelop an existing affordable housing
development and provide for the construction of a new
development within close proximity to the existing development
to be rehabilitated. Each project must provide for building the
new affordable housing development first, relocating the tenants
of the existing development to the new development, and then
demolishing the existing development for reconstruction of an
affordable housing development with more overall and affordable
units. The total number of units for a new development or the
redevelopment of an existing affordable housing development
which includes more overall and affordable units must be based
on plans presented by the developer which include factors
related to existing or proposed zoning, financing, and housing
supply needs of the county in which the project is located.
       (b) Address urban infill, as defined in s. 163.3164,
including conversions of vacant, dilapidated, or functionally
obsolete buildings or the use of underused commercial property.
       (5) A project financed under this section may not require
that low-income housing tax credits under s. 42 of the Internal
Revenue Code or tax-exempt bond financing be a part of the
financing structure for the project.
       Section 6. Subsection (2) of section 420.50872, Florida
Statutes, is amended to read:
       420.50872 Live Local Program.—
       (2) RESPONSIBILITIES OF THE CORPORATION; PROHIBITIONS.—
       (a) The corporation shall:
       1.(a) Expend 100 percent of eligible contributions received
under this section for the State Apartment Incentive Loan
Program under s. 420.5087. However, the corporation may use up
to $25 million of eligible contributions to provide loans for
the construction of large-scale projects of significant regional
impact, including new construction projects that have received
development assistance from the federal government to replace
obsolete homes in mobile home parks and manufactured home
communities based on a comprehensive redevelopment plan. Such
projects must include a substantial civic, educational, or
health care use and may include a commercial use, any of which
must be incorporated within or contiguous to the project
property. Such a loan must be made, except as otherwise provided
in this subsection, in accordance with the practices and
policies of the State Apartment Incentive Loan Program. Such a
loan is subject to the competitive application process and may
not exceed 25 percent of the total project cost. The corporation
must find that the loan provides a unique opportunity for
investment alongside local government participation that would
enable creation of a significant amount of affordable housing.
Projects approved under this section are intended to provide
housing that is affordable as defined in s. 420.0004,
notwithstanding the income limitations in s. 420.5087(2).
       2.(b) Upon receipt of an eligible contribution, provide the
taxpayer that made the contribution with a certificate of
contribution. A certificate of contribution must include the
taxpayer’s name; its federal employer identification number, if
available; the amount contributed; and the date of contribution.
       3.(c) Within 10 days after issuing a certificate of
contribution, provide a copy to the Department of Revenue.
       (b) A project financed under this section may not require
that low-income housing tax credits under s. 42 of the Internal
Revenue Code or tax-exempt bond financing be a part of the
financing structure for the project.
       Section 7. This act shall take effect July 1, 2024.
Statutes affected: 
S 1552 Filed: 163.3164, 196.1978, 420.0004, 420.50872