Florida SB 756: Affordable Housing

Bill Text

756 
Affordable Housing 
2025-12-04T06:18:40Z 
Increasing the length of time that certain rental units must remain affordable in order to qualify for a specified zoning variance; requiring that certain incentives be used for the construction of affordable housing; decreasing the maximum median income used to determine eligibility for certain tax incentives; specifying that documentary stamp taxes do not apply to deeds, transfers, or conveyances of residential property to first-time homebuyers, etc. 
Original Filed Version 
2026 
S 
2026-07-01T00:00:00Z 
GB 
General Bill 
__ 

 Florida Senate - 2026 SB 756 

 By Senator Davis 

 5-01262-26 2026756__ 
 1 A bill to be entitled 
 2 An act relating to affordable housing; amending s. 
 3 125.01055, F.S.; increasing the length of time that 
 4 certain rental units must remain affordable in order 
 5 to qualify for a specified zoning variance; amending 
 6 s. 166.04151, F.S.; requiring that certain incentives 
 7 be used for the construction of affordable housing; 
 8 increasing the length of time that certain rental 
 9 units must remain affordable in order to qualify for a 
 10 specified zoning variance; amending s. 196.1978, F.S.; 
 11 decreasing the maximum median income used to determine 
 12 eligibility for certain tax incentives; amending s. 
 13 201.02, F.S.; specifying that documentary stamp taxes 
 14 do not apply to deeds, transfers, or conveyances of 
 15 residential property to first-time homebuyers; 
 16 defining the term “first-time homebuyer”; amending s. 
 17 201.08, F.S.; specifying that documentary stamp taxes 
 18 do not apply to certain documents executed by a first 
 19 time homebuyer in connection with the purchase of a 
 20 principal residence; defining the term “first-time 
 21 homebuyer”; providing an effective date. 
 22 
 23 Be It Enacted by the Legislature of the State of Florida: 
 24 
 25 Section 1. Paragraph (a) of subsection (7) of section 
 26 125.01055, Florida Statutes, is amended to read: 
 27 125.01055 Affordable housing.— 
 28 (7)(a) A county must authorize multifamily and mixed-use 
 29 residential as allowable uses in any area zoned for commercial, 
 30 industrial, or mixed use, and in portions of any flexibly zoned 
 31 area such as a planned unit development permitted for 
 32 commercial, industrial, or mixed use, if at least 40 percent of 
 33 the residential units in a proposed multifamily development are 
 34 rental units that, for a period of at least 50 30 years, are 
 35 affordable as defined in s. 420.0004. Notwithstanding any other 
 36 law, local ordinance, or regulation to the contrary, a county 
 37 may not require a proposed multifamily development to obtain a 
 38 zoning or land use change, special exception, conditional use 
 39 approval, variance, transfer of density or development units, 
 40 amendment to a development of regional impact, or comprehensive 
 41 plan amendment for the building height, zoning, and densities 
 42 authorized under this subsection. For mixed-use residential 
 43 projects, at least 65 percent of the total square footage must 
 44 be used for residential purposes. The county may not require 
 45 that more than 10 percent of the total square footage of such 
 46 mixed-use residential projects be used for nonresidential 
 47 purposes. 
 48 Section 2. Subsection (4) and paragraph (a) of subsection 
 49 (7) of section 166.04151, Florida Statutes, are amended to read: 
 50 166.04151 Affordable housing.— 
 51 (4) In exchange for a developer fulfilling the requirements 
 52 of subsection (2) or, for residential or mixed-use residential 
 53 development, the requirements of subsection (3), a municipality 
 54 must provide incentives to fully offset all costs to the 
 55 developer of its affordable housing contribution or linkage fee. 
 56 Such incentives may include, but are not limited to: 
 57 (a) Allowing the developer density or intensity bonus 
 58 incentives or more floor space than allowed under the current or 
 59 proposed future land use designation or zoning; 
 60 (b) Reducing or waiving fees, such as impact fees or water 
 61 and sewer charges; or 
 62 (c) Granting other incentives. 
 63 
 64 Any incentives provided under this subsection must be used for 
 65 the construction of affordable housing. 
 66 (7)(a) A municipality must authorize multifamily and mixed 
 67 use residential as allowable uses in any area zoned for 
 68 commercial, industrial, or mixed use, and in portions of any 
 69 flexibly zoned area such as a planned unit development permitted 
 70 for commercial, industrial, or mixed use, if at least 40 percent 
 71 of the residential units in a proposed multifamily development 
 72 are rental units that, for a period of at least 50 30 years, are 
 73 affordable as defined in s. 420.0004. Notwithstanding any other 
 74 law, local ordinance, or regulation to the contrary, a 
 75 municipality may not require a proposed multifamily development 
 76 to obtain a zoning or