Florida Senate - 2025                              CS for SB 184
       
       
        
       By the Committee on Community Affairs; and Senator Gaetz
       
       
       
       
       
       578-01992-25                                           2025184c1
    1                        A bill to be entitled                      
    2         An act relating to affordable housing; amending s.
    3         163.31771, F.S.; requiring, rather than authorizing, a
    4         local government to adopt an ordinance to allow
    5         accessory dwelling units in certain areas; prohibiting
    6         such an ordinance from increasing parking
    7         requirements; prohibiting such an ordinance from
    8         including a specified requirement; providing
    9         applicability of such an ordinance; prohibiting the
   10         denial of a homestead exemption for certain portions
   11         of property on a specified basis; requiring that a
   12         rented accessory dwelling unit be assessed separately
   13         from the homestead property; amending s. 420.615,
   14         F.S.; authorizing a local government to provide a
   15         density bonus incentive to landowners who make certain
   16         real property donations to assist in the provision of
   17         affordable housing for military families; requiring
   18         the Office of Program Policy Analysis and Government
   19         Accountability to evaluate the efficacy of using
   20         mezzanine finance and the potential of tiny homes for
   21         specified purposes; requiring the office to consult
   22         with certain entities; requiring the office to submit
   23         a certain report to the Legislature by a specified
   24         date; providing an effective date.
   25          
   26  Be It Enacted by the Legislature of the State of Florida:
   27  
   28         Section 1. Present subsection (5) of section 163.31771,
   29  Florida Statutes, is redesignated as subsection (6), a new
   30  subsection (5) is added to that section, and subsection (3) of
   31  that section is amended, to read:
   32         163.31771 Accessory dwelling units.—
   33         (3) A local government shall may adopt an ordinance to
   34  allow accessory dwelling units, without any corresponding
   35  increase in parking requirements, in any area zoned for single
   36  family residential use. Such ordinance may not require that the
   37  owner of a parcel on which an accessory dwelling unit is
   38  constructed reside on such parcel and does not apply to a
   39  planned unit development or master planned community as those
   40  terms are defined in s. 163.3202(5)(b)2.
   41         (5) The owner of a property with an accessory dwelling unit
   42  may not be denied a homestead exemption for those portions of
   43  property on which the owner maintains a permanent residence
   44  solely on the basis of the property containing an accessory
   45  dwelling unit that is or may be rented to another person.
   46  However, if the accessory dwelling unit is rented to another
   47  person, the accessory dwelling unit must be assessed separately
   48  from the homestead property.
   49         Section 2. Subsection (1) of section 420.615, Florida
   50  Statutes, is amended to read:
   51         420.615 Affordable housing land donation density bonus
   52  incentives.—
   53         (1) A local government may provide density bonus incentives
   54  pursuant to the provisions of this section to any landowner who
   55  voluntarily donates fee simple interest in real property to the
   56  local government for the purpose of assisting the local
   57  government in providing affordable housing, including housing
   58  that is affordable for military families receiving the basic
   59  allowance for housing. Donated real property must be determined
   60  by the local government to be appropriate for use as affordable
   61  housing and must be subject to deed restrictions to ensure that
   62  the property will be used for affordable housing.
   63         Section 3. The Office of Program Policy Analysis and
   64  Government Accountability (OPPAGA) shall evaluate the efficacy
   65  of using mezzanine finance, or second-position short-term debt,
   66  to stimulate the construction of owner-occupied housing that is
   67  affordable as defined in s. 420.0004(3), Florida Statutes, in
   68  this state. OPPAGA shall also evaluate the potential of tiny
   69  homes in meeting the need for affordable housing in this state.
   70  OPPAGA shall consult with the Florida Housing Finance
   71  Corporation and the Shimberg Center for Housing Studies at the
   72  University of Florida in conducting its evaluation. By December
   73  31, 2026, OPPAGA shall submit a report of its findings to the
   74  President of the Senate and the Speaker of the House of
   75  Representatives. Such report must include recommendations for
   76  the structuring of a model mezzanine finance program.
   77         Section 4. This act shall take effect July 1, 2025.