● The bill authorizes a county that includes an area of critical state concern pursuant to F.S. 380.05 to offer a license for any job scope that requires a construction contracting license if the county imposed such a licensing requirement before January 1, 2021. Affordable Housing [Chapter 2023-17, SB 102, Effective July 1, 2023] Summary Senate Bill 102, Chapter 2023-17, cited as the “Live Local Act,” makes various changes and additions to affordable housing related programs and policies at both the state and local levels. 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. In regard to funding for the FHFC, the bill: ● Provides appropriations for the SHIP and SAIL programs. ● Provides a 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 Of these funds, up to $25 million annually can be dedicated to loans for the construction of large-scale projects of significant regional impact. ● 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. In regard to other state-level resources, the bill: ● Revises the State Housing Strategy to align with current best practices and goals. ● Requires managers of state non-conservation lands to analyze whether such lands would be more appropriately transferred to a local government for affordable housing related purposes. ● 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. Building Construction [Chapter 2023-229, HB 89, Effective July 1, 2023] Summary The bill makes various changes pertaining to the review and issuance of building permits and specifies the extent to which local building officials and fire safety officials may require a building permit applicant or holder to make substantive changes to building plans. Specifically, the bill: ● Prohibits a local government from making substantive changes to building plans after a permit has been issued unless such changes are required under the Florida Building Code or the Florida Fire Prevention Code. If changes are necessary, the local government must identify the specific parts of the plan that do not conform to the applicable code in writing. ● Requires a building code administrator, plans examiner, or inspector to notify the local government if an employee who is not a building code administrator, plans examiner, or
● A local government may continue to offer certain licenses if such licensing was required before January 1, 2021. A local government may not require a license as a prerequisite to submit a bid for a public works project if the work does not require a license under general law. In regard to local governments, the bill: ● Preempts local governments’ requirements regarding zoning, density, and height to allow for streamlined development of affordable multifamily rental housing in commercial, industrial, and mixed-use zoned areas under certain circumstances. ● 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 emergency circumstances, preempting rent control ordinances entirely. ● Requires counties and cities to update and electronically publish the inventory of publicly owned properties 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 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. The bill also introduces three ad valorem property tax exemptions, which first apply to the 2024 tax roll: ● 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 the AMI 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 the AMI or less. inspector determines that a building plan does not comply with the Florida Building Code. ● Requires a local fire official to notify a building permit applicant of the specific reasons why their building plans do not comply with the Florida Fire Prevention Code. ● Allows a plans examiner, inspector, building official, or fire safety inspector to have their certificate disciplined for failure to notify the appropriate person of the reasons for making or requiring substantive changes to building plans. Permits F.S. 553.79 Permits; applications; issuance; inspections. Section (2)(a) was amended to expand this paragraph with the following: (2)(a) 1. If the local building code administrator or inspector
finds that the plans are not in compliance with the Florida Building Code, the local building code administrator or inspector shall identify the specific plan features that do not comply with the applicable
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