Yes-in-god’s backyard (YIGBY) Reforms

Sections 1 and 4 of the bill propose requiring local governments to allow affordable housing to be built on land owned by a qualified religious institution without needing a zoning or land use change. This type of reform is considered a “YIGBY” or “Yes in God’s Backyard” reform that is becoming more common across the country. This proposal will unlock dormant church-owned property, for example, to be transformed more readily into affordable housing. Under the bill, a city or county must approve the development of affordable housing if the following requirements are met:

1. The owner of the parcel is a religious institution as defined in s. 170.201(2)
2. At least 40 percent of the residential units in the proposed development are dedicated to providing affordable housing for at least 30 years
3. The parcel is not located within 500 feet of a military installation or within a commercial service airport as defined in s. 332.0075(1)
4. State and local laws and regulations, other than land use or zoning regulations, apply to the parcel

Sections 1 and 4 also expand the Live Local Act’s land use mandate for affordable housing in commercial, industrial, and mixed-use properties to apply to any site owned by a religious institution as defined in s. 170.201(2).

Amendments to the Live Local Act’s land use mandate for affordable housing in commercial, industrial, and mixed-use areas – s. 125.01055(7) for counties and s. 166.04151(7) for municipalities

The bill proposes the following amendments to the land use mandate for affordable housing in commercial, industrial, and mixed-use areas as enacted in the Live Local Act (called the “LLA land use mandate” for this summary).

New Definitions

1. HB 943 proposes a new definition section that applies to the LLA land use mandate to provide clear guidelines as to tool’s application. HB 943 newly defines the following terms:
2. “Allowable use” means the intended uses identified in a local government’s land development regulations which are authorized within a zoning category as a use by right, without the requirement to obtain a variance or waiver. The term does not include uses that are accessory, ancillary, or incidental to the allowable uses or allowed only on a temporary basis.
3. “Commercial use” means activities associated with the sale, rental, or distribution of products or the sale or performance of services. The term includes, but is not limited to, retail, office, entertainment, and other for-profit business activities.
4. “Industrial use” means activities associated with the manufacture, assembly, processing, or storage of products or the performance of related services.
5. “Planned unit development” has the same meaning as in s. 163.3202(5)(b).

Applicable Zoning Districts and Sites

1. Expands the application of the LLA land use mandate to any sites owned by a city or county, a district school board, a religious institution as defined in s. 170.201(2), any planned unit development permitted for commercial, industrial, or mixed-use, and any zoning district not zoned solely for use as a single-family home or duplex.
2. Requires local governments to include an adjacent parcel of land as part of the multifamily development, regardless of the land use designation of the adjacent parcel.
3. Defines the term “areas zoned for mixed use” as areas that include both residential and nonresidential uses, regardless of whether the residential or nonresidential uses are permitted as a principal use, conditional use, ancillary use, special use, unusual use, accessory use, planned unit development, or planned development. Nonresidential use includes, but is not limited to, retail, office, hotel, lodging, civic, institutional, parking, utilities, or other commercial uses.

Zoning Entitlements for LLA Mandate Projects

HB 943 proposes following changes to the zoning entitlements allowed under the LLA land use mandate:

1. Prevents local governments from directly or indirectly restricting the density of a proposed development below the highest density allowed in the jurisdiction on or after July 1, 2023.
2. Prevents local governments from directly or indirectly restricting the height of a proposed development below the highest height allowed on or after July 1, 2023 for a commercial or residential building located in the jurisdiction within 1 mile of the proposed development, or 3 stories, whichever is higher.
3. Prevents local governments from directly or indirectly restricting the floor area ratio (FAR) of a proposed development below 150 percent of the highest floor area ratio allowed on or after July 1, 2023.
4. Newly prevents local governments from directly or indirectly restricting the maximum lot size of a proposed development below the maximum lot size allowed on or after July 1, 2023, in jurisdiction where multifamily or mixed-use residential development is allowed. A local government is also prohibited from restricted the maximum lot coverage of a proposed development below 70 percent.
5. For administrative approval, local governments are not allowed to have a quasi-judicial hearing if the proposed development is otherwise consistent with the comprehensive plan and satisfies the local government’s land development regulations except for the zoning standards the LLA regulates.
6. Requires local governments to reduce parking requirements by at least 20 percent or by 100 percent for structures that are 20,000 square feet or less. This is a change from the existing requirement that local governments only “consider” reducing parking near a transit stop.
7. Removes the “catch-all” provision at subsection (7)(i) that states that all other applicable state and local regulations still apply.

New Prohibited Acts of Local Government

1. Local governments are prohibited from requiring more than 10 percent of the total square footage of a mixed-use development to be used for nonresidential purposes.
2. Prohibits local governments from initiating or enforcing a building moratorium or zoning-in-progress on a proposed development that the local government has approved a preliminary site plan for.
3. Prohibits local governments from adopting or enforcing any law that, either directly or indirectly, limits the height, FAR, or density of a proposed development; unreasonably delaying the development or construction of a proposed development, including, but not limited to, imposing a moratorium; restricting the manner in which the affordable units are developed or accessed within the project or regulating the types of units in the project; or restricting or limited a proposed project in any other way.
4. Prohibits local governments from conditioning a land use approval of any kind on the applicant waiving their rights to build affordable housing under the LLA land use mandate.

Local Government Administration of the LLA Land Use Mandate

1. Requires local governments to post on its website the zoning map and zoning regulations in effect on July 1, 2023, in addition to its administrative approval standards.
2. Requires local governments to approve a building permit plan review within 60 days after submittal and prioritize review for LLA land use mandate projects.
3. Requires local governments to provide an annual report to the state land planning agency that includes: all litigation initiated against the jurisdiction under the LLA land use mandate; all actions the local government has taken on proposed projects including project size, density, intensity, and number of units and the number of affordable units; an explanation for any denial of an application. The state land planning agency shall provide an annual report to the Governor, Senate President, and Speaker of the House summarizing the city and county annual reports.

Challenging Local Government Actions that Violate the Law

1. Provides that a local law that violates the terms in the statute is preempted by the state and the property owner may file a lawsuit against the local government and the prevailing party is entitled to recover attorney fees and costs.
2. Provides that the court shall expedite the processing of the legal action and render a decision within 30 days after service of process.
3. Requires the Florida Supreme Court to adopt rules by October 1, 2025, to ensure that legal challenges under this section are expedited.

Preventing building moratoriums that impact affordable housing development

HB 943 proposes to prohibit local governments from imposing a building moratorium that has the effect of delaying the permitting of construction of a multifamily project that would otherwise qualify for a state-created affordable housing property tax exemption; any grant, loan, or other incentive to provide affordable housing under CH 420 of the Florida Statutes; and any project that could be approved under the LLA land use mandate.

HB 943 also provides a cause of action for an affordable housing developer to challenge a local government’s building moratorium.

Legalizing Accessory Dwelling Units Statewide in all single-family districts

HB 943 proposes requiring all local governments to allow accessory dwelling units in all areas zoned for single-family residential use. It also prohibits local governments from restricting an ADU from being rented on the market; from imposing parking, minimum lot size, or other lot design requirements that do not apply generally to other housing in the same district; from requiring a conditional use approval to construct an ADU; and all other local regulations that directly or indirectly unreasonably increase the cost to build an ADU.

The bill also requires local governments to report to the state its data on the number of ADUs that are within its jurisdiction and makes it clear that a homeowner will not lose its homestead exemption if they rent an ADU on their property.

Amending the Local Option Property Tax Exemption at s. 196.1979

HB 943 expands the local option property tax exemption to give local governments the ability to provide this property tax exemption to 1) affordable developments that 5 units or more; and 2) accessory dwelling units rented to households at or below 60% AMI.

Prohibiting Discrimination in land use decisions against affordable housing developments

HB 943 would amend the Florida Fair Housing Act at s. 760.26 to make it clear that local governments cannot discriminate against affordable housing developments when making land use and permitting decisions. It also provides that sovereign immunity is waived for cities and counties that discriminate against affordable housing in violation of the provision.

Additional Policies

Other housing policies proposed in HB 943 include:

1. Reducing impact fees by 20 percent for developments authorized pursuant to s. 125.01055 or 166.04151.
2. Preventing optional elements in a local government’s comprehensive plan from restricting the density or intensity established in the jurisdiction’s future land use element.
3. Provides that any increase in height or FAR must be approved only by a simple majority vote of the city or county commission (not a supermajority vote).
4. Creates an expedited foreclosing proceeding for abandoned real property.
5. Requires school districts to use surplus land for affordable housing.