Legislation Spotlight: Affordable Housing Legislation
Brian McDonough and Nicole Neugebauer MacInnes
Affordable housing has been a hot topic during the 2025 Legislative Session, with an influx of affordable housing bills attempting to address Florida’s housing crisis. A number of bills focus on expanding the types of affordable housing to allow for a wider range of developments and broadening the people who qualify. A detailed analysis of Representative Lopez’s HB 923 and HB 943 can be found here. Senator McClain filed SB 1594, a companion to HB 923, and Senator Calatayud filed SB 1730, a companion to HB 943. Although the bills described below have received less coverage than the bills mentioned above, they are important to note as they could have significant effects on the affordable housing industry.
Affordable Housing Legislation Moving in Committee
SB 184 filed by Senator Gaetz and HB 247 filed by Representative Conerly focus on expanding accessory dwelling units, homestead exemption eligibility and addressing workforce housing needs. SB 184 will be heard in its last committee stop, Senate Rules, on Tuesday, April 1 at 9:00 AM; HB 247 was reported favorably out of the Housing, Agriculture & Tourism Subcommittee on March 11, and is now in the Intergovernmental Affairs Subcommittee. The bills attempt to remedy Florida’s housing shortage issue by:
- Revising the definition of “accessory dwelling unit” to include manufactured homes.
- Adding language allowing for accessory dwelling units to satisfy the affordable housing components of the comprehensive plan.
- Prohibiting the denial of a homestead exemption for portions of the property where the owner maintains permanent residence solely because the property has an accessory dwelling unit. If the unit is rented to another person, it must be assessed separately from the homestead property.
- Allowing for a local government to provide density bonus incentives for military families.
- Directing the Office of Program Policy Analysis and Government Accountability to evaluate mezzanine financing and the potential of tiny homes.
SB 140 filed by Senator Gaetz and HB 123 filed by Representative Andrade propose that surplus real property owned by school boards must be given priority for conversion to affordable housing for teachers, first responders, or military service members. SB 140 will be heard in its second committee, Community Affairs, on Monday, March 31 at 4:00pm; HB 123 was reported favorably out of the Education Administration Subcommittee, and is now in its last stop in the Education & Employment Committee.
SB 110 filed by Senator Simon and HB 1427 filed by Representative Griffitts Jr., otherwise known as the Rural Renaissance Legislation, assess the affordable housing issue under the lens of one of the legislature’s biggest priorities this session, rural communities. After going through committee, SB 110 was placed on Special Order Calendar March 19 where it was passed unanimously by the Senate. HB 1427 recently passed its first committee stop in Commerce on Monday, March 24. As related to affordable housing, the bills:
- Add that up to 25% of the funds made available in each county from the local housing distribution may be used to preserve multifamily affordable rental housing.
- Add $30 million in nonrecurring funds appropriated to the Florida Housing Finance Corporation to be used to preserve affordable multifamily rental housing in rural communities.
SB 382 filed by Senator Bernard and HB 365 filed by Representative Tendrich propose that the landlord of an affordable housing dwelling unit who receives government tax incentives may not increase the rent of the unit during the term of a rental agreement. This does not include the period of time when the tenant is renewing the rental agreement. SB 382 passed its first stop in the Judiciary Committee on Tuesday, March 25. HB 365 passed its second stop in the Civil Justice & Claims Subcommittee on Thursday, March 27.
SB 1326 filed by Senator Rodriguez and HB 995 filed by Representative Mooney revise property tax exemption criteria for multifamily projects in areas of critical state concern. SB 1326 passed its first stop in the Environment & Natural Resources Committee on Tuesday, March 25. HB 995 passed its second stop in the Ways & Means Committee on Thursday, March 27. The bills:
- Propose the contractor may be exempted from executing payment and performance bonds provided they are working on projects leased to Habitat for Humanity or its affiliates and that the leasehold interest is subject to any claims by lienors and applicable lien statutes in Chapter 713.
- Mandate that Monroe City, the Village of Islamorada, the City of Marathon, the City of Layton, and the City of Key West maintain permit allocation systems that limit permits issued to new residential dwelling units in order to ensure hurricane evacuation clearance times are met.
- Redefine “Workforce Housing” to households deriving at least 70% of income from local employment in Monroe County. The units must be restricted as this kind of housing for no less than 99 years.
Affordable Housing Legislation Filed, But Not Moving
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SB 556 filed by Senator Wright and HB 1425 filed by Representative Gerwig focus on defining and providing regulations for resale-restricted affordable housing as subject to limitations under land-use regulations. Owners must submit to the property appraiser an application that specifies the legal limitation on the property and an affidavit that affirms obligation to abide by resale restrictions.
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SB 1714 filed by Senator Burton and HB 701 filed by Representative Stark expand local housing assistance plans for people with mobile homes. The bills ensure funds for construction, rehabilitation or emergency repair of affordable housing be provided to mobile home owners.
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SB 1004 filed by Senator Rodriguez and HB 1131 filed by Representative Weinberger create Section 420.629 – the Affordable Housing and Supportive Services Act for Persons with Developmental Disabilities.
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SB 1572 filed by Senator Collins and HB 409 filed by Representative Caruso create Section 125.01056 - adaptive reuse of land. This mandates a county to authorize multifamily and mixed-use residential uses in any area zoned for commercial, industrial, or mixed-use, or hotels as a transitional housing use, when an adaptive reuse project is approved.
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SB 488 filed by Senator DiCeglie and HB 411 filed by Representative Chaney amend Florida Statute 196.1978 to expand ad valorem tax exemptions for affordable housing properties on leased land.
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SB 1592 filed by Senator Davis and HB 1471 filed by Representative Harris propose the Keep Floridians Housed Act to create additional programs to support affordable housing efforts.
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SB 1116 filed by Senator Smith expands the authorized uses of revenue for the Florida’s tourist development tax. This bill adds funding for public safety improvements to increase tourist-related business activities in the county special taxing district.
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SB 1306 filed by Senator Rodriguez and HB 685 filed by Representative Alvarez propose a hotel-to-home tax credit program for converting hotels into residential housing. The bills explain how projects will be decided and how tax credits will be allocated.
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SB 1056 filed by Senator Smith and HB 963 filed by Representative Rosenwald create the Veterans’ Rental Assistance Grant Program to assist honorably discharged veterans with getting affordable housing.
Stearns Weaver Miller will continue to monitor all aspects of Florida affordable housing legislation, including the proposed bills above, as the 2025 Florida Legislative Session continues.
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