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S 1726

Florida Senate•Failed

Summary

S 1726, “Housing”, was introduced in the Senate on Jan 9, 2026 by Sen. Carlos Smith (D). It last saw action on Mar 13, 2026: Died in Community Affairs.

Record

Text

S 1726 has no co-sponsors and has not gone to a roll call.

s1726/introduced.txt
Florida Senate - 2026  SB 1726
By Senator Smith
17-01493B-26  20261726__
A bill to be entitled
An act relating to housing; providing a short title;
amending ss. 125.0103 and 166.043, F.S.; deleting
provisions prohibiting municipalities, counties, or
other entities of local government from adopting or
maintaining certain laws relating to rent control;
creating s. 166.0452, F.S.; defining terms;
authorizing counties and municipalities to create
community land bank programs for a certain purpose;
requiring those counties and municipalities to
establish or approve a land bank for certain purposes;
requiring certain counties and municipalities to
develop and annually adopt a community land bank plan;
providing requirements for such plan; requiring that a
public hearing on the proposed plan be held before its
adoption; requiring notice to certain entities;
requiring that the proposed plan be made available to
the public within a certain timeframe before the
public hearing; providing requirements for the sale of
certain property to land banks; providing that such
sale is for a public purpose; providing that certain
persons waive the right to challenge the market value
of a property under certain circumstances; requiring
that written notice of a sale of such property be
provided to certain persons in a certain manner within
a specified timeframe; authorizing the owner of
certain property to contest the sale of such property
and requiring that such property be sold in a
different manner; specifying that the owner of certain
property is not entitled to proceeds from the sale or
liable for certain deficiencies; authorizing land
banks to buy certain property for less than market
value under certain circumstances; conveying the
right, title, and interest in certain property to land
banks; requiring land banks to offer qualified
organizations a right of first refusal to purchase
certain property; providing requirements for the right
of first refusal; providing conditions for the
subsequent resale of property acquired by land banks;
requiring that the proceeds from certain sales be
reinvested in the community land bank program;
requiring certain deed restrictions on certain
property; providing requirements for such deed
restrictions; requiring certain development owners to
file specified annual reports; authorizing the
modification of or addition to deed restrictions;
requiring land banks to maintain certain records;
requiring land banks to file annual audited financial
statements within a certain timeframe; requiring land
banks to submit an annual performance report to the
county or municipality, as applicable, by a certain
date; providing requirements for such report;
requiring that copies of such report be provided to
certain entities and made available for public review;
authorizing land banks to acquire real property in
specified manners and to hold, manage, and dispose of
such real property in accordance with the community
land bank plan; requiring that a specified percentage
of certain taxes collected be remitted to a land bank
for a specified duration; requiring that such funds be
remitted to a land bank in accordance with certain
procedures; providing applicability; creating s.
215.55866, F.S.; requiring the Department of Financial
Services to adopt a home resiliency grading scale for
a specified purpose; providing requirements for the
grading scale; requiring the department to create a
program that uses the grading scale for a specified
purpose; providing requirements for the program;
requiring the department to adopt rules; creating s.
215.55867, F.S.; establishing the Innovative
Mitigation Solutions Pilot Program within the
Department of Financial Services for a specified
purpose; authorizing mortgage lenders and property
insurers to submit proposals to the department that
include certain information; authorizing the
department to waive or develop certain rules in order
to implement the proposal; requiring the department to
adopt rules; creating s. 220.1851, F.S.; defining
terms; authorizing a tax credit for certain projects;
providing the maximum value of such credit; requiring
the Florida Housing Finance Corporation to allocate
the tax credit among certain projects; authorizing the
tax credit to be transferred by the recipient;
requiring the Department of Revenue to adopt rules;
authorizing a tax credit allocation to be used for
certain eligible costs; authorizing a tax credit
allocation to be carried forward for a specified
timeframe; amending ss. 420.0005 and 420.9079, F.S.;
requiring certain agencies to provide a report to the
Legislature relating to the use of specified
transferred funds; requiring the repayment of certain
funds within a specified timeframe; creating s.
420.50931, F.S.; creating the Retail-to-Residence Tax
Credit Program for a certain purpose; requiring the
Florida Housing Finance Corporation to determine which
projects are eligible for the tax credit; requiring
the corporation to establish and adopt certain
procedures and to prepare a specified annual plan;
requiring that such plan be approved by the Governor;
authorizing the corporation to exercise certain
powers; requiring the board of directors of the
corporation to administer certain procedures and
determine allocations on behalf of the corporation;
providing requirements for certain procedures;
requiring taxpayers who wish to participate in the
program to submit an application with certain
information to the corporation; authorizing the
corporation to request additional information;
requiring that approval of an application for a
project be in writing and include a certain statement;
creating s. 420.5312, F.S.; creating the Affordable
Housing Construction Loan Program for a certain
purpose; providing the Florida Housing Finance
Corporation with certain powers and responsibilities
relating to the program; providing requirements for
the program; providing rulemaking authority; creating
s. 542.37, F.S.; defining terms; providing that
certain actions are a violation of the Florida
Antitrust Act of 1980; providing applicability;
requiring the Office of the Attorney General to
develop a public education program and post certain
information on the Attorney General’s website;
authorizing the Office of the Attorney General to
adopt rules; amending s. 627.0613, F.S.; authorizing
the consumer advocate appointed by the Chief Financial
Officer to request certain administrative hearings;
authorizing the consumer advocate to compel the
attendance and testimony of witnesses and issue
subpoenas for and compel certain production;
specifying that failure to obey certain court orders
may be punished as contempt; authorizing a circuit
court to order a person to pay certain expenses;
amending s. 627.062, F.S.; prohibiting the Office of
Insurance Regulation from approving certain rate
filings; authorizing the consumer advocate to request
an expedited appellate review of certain final orders;
conforming provisions to changes made by the act;
creating s. 692.041, F.S.; defining terms; prohibiting
certain business entities from purchasing, acquiring,
or otherwise obtaining certain property and
subsequently leasing or renting such property;
specifying that certain sellers are not liable for
certain violations; prohibiting certain business
entities from purchasing, acquiring, or offering to
purchase or acquire certain property unless such
property has been listed for sale to the general
public for a specified timeframe, beginning on a
certain date; requiring certain business entities to
complete and retain for inspection by the Department
of Legal Affairs a specified notice; requiring that
all ownership interests held by certain business
entities be aggregated; authorizing the Attorney
General to bring a civil action; providing penalties;
providing construction; amending s. 83.67, F.S.;
conforming a provision to changes made by the act;
amending ss. 542.21, 542.22, 542.25, and 542.32, F.S.;
conforming cross-references; providing an effective
date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. This act may be cited as the “Real Affordable
Housing Relief Act.”
Section 2. Subsection (2) of section 125.0103, Florida
Statutes, is amended to read:
125.0103 Ordinances and rules imposing price controls.—
[(2)][A municipality, county, or other entity of local]
[government may not adopt or maintain in effect any law,]
[ordinance, rule, or other measure that would have the effect of]
[imposing controls on rents.]
Section 3. Subsection (2) of section 166.043, Florida
Statutes, is amended to read:
166.043 Ordinances and rules imposing price controls.—
[(2)][A municipality, county, or other entity of local]
[government may not adopt or maintain in effect any law,]
[ordinance, rule, or other measure that would have the effect of]
[imposing controls on rents.]
Section 4. Section 166.0452, Florida Statutes, is created
to read:
166.0452Community Land Bank Program.—
(1)As used in this section, the term:
(a)“Affordable” has the same meaning as in s. 420.0004.
(b)“Community housing development organization” has the
same meaning as in s. 420.503.
(c)“Community land bank plan” or “plan” means a plan
adopted by the governing body of a county or municipality to
implement a community land bank program.
(d)“Community land bank program” or “program” means the
program created by a governing body of a county or municipality
under this section.
(e)“Land bank” means an entity established or approved by
the governing body of a county or municipality for the purpose
of acquiring, holding, and transferring unimproved real property
under this section.
(f)“Low-income household” has the same meaning as in s.
420.9071.
(g)“Qualified organization” means a community housing
development organization that meets all of the following
criteria:
1.Contains within its designated geographical boundaries
of operation, as set forth in its application for certification
filed with and approved by the county or municipality, a portion
of the property that a land bank is offering for sale.
2.Has built at least three single-family homes or duplexes
or one multifamily residential dwelling of four or more housing
units in compliance with all applicable building codes within
the preceding 2-year period and within the organization’s
designated geographical boundaries of operation.
3.Has developed or rehabilitated housing units within the
preceding 3-year period which are within a 2-mile radius of the
property that a land bank is offering for sale.
(h)“Qualified participating developer” means a developer
that meets all of the following criteria:
1.Has developed three or more housing units within the 3
year period preceding its submission of a proposal to the land
bank seeking to acquire real property from a land bank.
2.Has a development plan approved by the governing body of
the county or municipality for the property acquired from a land
bank.
3.Any other requirements adopted by the governing body of
the county or municipality in its community land bank plan.
The term includes a qualified organization.
(i)“Very-low-income household” has the same meaning as in
s. 420.9071.
(2)The governing body of a county or municipality may
create a community land bank program in which the person charged
with selling real property pursuant to a foreclosure judgment
may sell certain eligible real property by private sale for
purposes of affordable housing developments. The governing body
of a county or municipality that adopts a community land bank
program shall establish or approve a land bank for the purpose
of acquiring, holding, and transferring unimproved real property
under this section.
(3)(a)The governing body of a county or municipality that
creates a community land bank program shall operate the program
in conformance with a community land bank plan that the county
or municipality adopts annually. The plan may be amended as
needed.
(b)In developing the plan, the governing body of a county
or municipality shall consider other housing plans adopted by
the governing body, including the comprehensive plan submitted
to the United States Department of Housing and Urban Development
and all fair housing plans and policies adopted or agreed to by
the governing body.
(c)The plan must include, at a minimum, all of the
following:
1.A list of community housing development organizations
eligible to participate in the right of first refusal under
subsection (6). The plan must also include the time period
during which the right of first refusal may be exercised, which
time period must be at least 9 months but not more than 26
months after the date of the deed of conveyance of the property
to the land bank.
2.A right of first refusal for any other nonprofit
corporation exempted from federal income tax under s. 501(c)(3)
of the United States Internal Revenue Code, provided that the
preeminent right of first refusal is provided to qualified
organizations as provided in subsection (6).
3.A list of the parcels of real property that may be
eligible for sale to the land bank during the next year.
4.The county’s or municipality’s plan for the development
of affordable housing on those parcels of real property.
5.The sources and amounts of money the county or
municipality anticipates to be available for subsidies for the
development of affordable housing in the county or municipality,
including any money specifically available for housing developed
under the program, as approved by the governing body of the
county or municipality at the time the plan is adopted.
6.The amount of additional time, if any, that a property
may be held in the land bank once an offer has been received
from a qualified participating developer and accepted by the
land bank.
(4)(a)Before the adoption of a plan, the governing body of
a county or municipality must hold a public hearing on the
proposed plan.
(b)The county or city manager, or his or her designee,
must provide notice of the public hearing to all community
housing development organizations and to the neighborhood
associations identified by the governing body of the county or
municipality as serving the neighborhoods in which properties
anticipated to be available for sale to the land bank under this
section are located.
(c)The county or city manager, or his or her designee,
must make copies of the proposed plan available to the public at
least 60 days before the date of the public hearing.
(5)(a)Except as provided in paragraph (f), property that
is ordered sold pursuant to a foreclosure judgment may be sold
in a private sale to a land bank by the person charged with the
sale of the property without first offering the property for
sale as otherwise provided in chapter 45 if all of the following
apply:
1.The market value of the property as specified in the
judgment of foreclosure is less than the total amount due under
the judgment, including all taxes, penalties, and interest, plus
the value of nontax liens held by a taxing unit and awarded by
the judgment, court costs, and the cost of the sale.
2.The property is not improved with a building or
buildings.
3.There are delinquent taxes on the property for a total
of at least 5 years.
4.The governing body of the county or municipality has
executed an interlocal agreement with the other taxing units
that are parties to the foreclosure proceeding which enables
those taxing units to agree to participate in the program while
retaining the right to withhold consent to the sale of the
specific properties to the land bank.
(b)A sale of property for use in connection with the
program is a sale for a public purpose.
(c)If the person being sued in a foreclosure proceeding
does not contest the market value of the property in the
proceeding, the person waives the right to challenge the amount
of the market value determined by the court for purposes of the
sale of the property under s. 45.031.
(d)For any sale of property under this section, the person
charged with the sale of the property must provide each person
who was a defendant to the judgment, or that person’s attorney,
written notice at least 90 days before the date of the sale of
the proposed method of sale of the property. Such notice must be
given in accordance with the Florida Rules of Civil Procedure.
(e)After receipt of the notice required under paragraph
(d) and before the date of the proposed sale, the owner of the
property subject to the sale may file with the person charged
with the sale a written request that the property not be sold in
the manner provided under this section.
(f)If the person charged with the sale receives a written
request as provided in paragraph (e), the person must sell the
property as otherwise provided in chapter 45.
(g)The owner of the property subject to the sale may not
receive any proceeds of a sale under this section and does not
have any personal liability for a deficiency of the judgment as
a result of a sale under this section.
(h)If consent is given by the taxing units that are a
party to the judgment, property may be sold to a land bank for
less than the market value of the property as specified in the
judgment or less than the total of all taxes, penalties, and
interest, plus the value of nontax liens held by a taxing unit
and awarded by the judgment, court costs, and the cost of the
sale.
(i)The deed of conveyance of the property sold to a land
bank under this section conveys to the land bank the right,
title, and interest in the property acquired or held by each
taxing unit that was a party to the judgment, subject to the
right of redemption.
(6)After receiving the deed of conveyance of the property,
a land bank must first offer the property for sale to qualified
organizations.
(a)A land bank must provide notice to qualified
organizations by certified mail, return receipt requested, at
least 60 days before the beginning of the time period in which a
right of first refusal may be exercised according to a county’s
or municipality’s community land bank plan.
(b)If a land bank conveys the property to a qualified
organization before the expiration of the time period specified
by the community land bank plan, the interlocal agreement
executed under subparagraph (5)(a)4. must provide tax abatement
for the property until the expiration of the time period.
(c)During the right of first refusal time period, a land
bank may not sell the property to a qualified participating
developer other than a qualified organization. If all qualified
organizations notify the land bank that they are declining to
exercise their right of first refusal during the applicable time
period, the land bank may sell the property to any other
qualified participating developer at the same price that the
land bank offered the property to the qualified organizations.
(d)If more than one qualified organization expresses an
interest in exercising its right of first refusal, the
organization that has the most geographically compact area
encompassing a portion of the property as designated in its
application for certification is given priority.
(e)A land bank is not required to provide a right of first
refusal to qualified organizations under this section if the
land bank is selling property that reverted to the land bank as
provided under subsection (7).
(7)Each subsequent resale of property acquired by a land
bank under this section must comply with the conditions of this
subsection.
(a)A land bank must sell a property to a qualified
participating developer within 3 years after receiving the deed
of conveyance of the property for the purpose of construction of
affordable housing for sale or rent to low-income households or
very-low-income households. If the land bank has not sold the
property within those 3 years, the property must be transferred
from the land bank back to the taxing units that were parties to
the foreclosure judgment for disposition as otherwise allowed
under law.
(b)The number of properties acquired by a qualified
participating developer under this section on which development
has not been completed may not at any time exceed three times
the annual average residential production completed by the
qualified participating developer during the preceding 2-year
period, as determined by the governing body of the county or
municipality. In its community land bank plan, the governing
body of the county or municipality may increase the number of
properties a qualified participating developer may acquire.
(c)The deed conveying a property sold by a land bank must
include a right of reverter so that, if the qualified
participating developer does not apply for a construction permit
and close on any construction financing within 2 years after the
date of the conveyance of the property from the land bank to the
qualified participating developer, the property reverts to the
land bank for subsequent resale to another qualified
participating developer or conveyance to the taxing units as
required under paragraph (a).
(d)The proceeds from sales under this section must be
reinvested back into the community land bank program.
(8)(a)A land bank must impose deed restrictions on
property sold to qualified participating developers requiring
the development and sale or rental of the property to low-income
households and very-low-income households.
(b)At least 25 percent of a land bank’s properties sold
during any given fiscal year to be developed for sale must be
deed restricted for sale to households whose total annual
household income does not exceed 60 percent of the area median
income, adjusted for household size, for the metropolitan
statistical area, or the county if not within a metropolitan
statistical area, in which the household is located, as
determined annually by the United States Department of Housing
and Urban Development.
(c)1.If the property sold is to be developed for rental
units, the deed restrictions must last for at least 20 years and
prohibit the exclusion of a person or family from admission to
the development based solely on the participation of the person
or family in the Housing Choice Voucher Program under s. 8 of
the United States Housing Act of 1937, as amended. Additionally,
the deed restrictions must require:
a.That 100 percent of the rental units be occupied by and
affordable to households whose total annual household income
does not exceed 60 percent of the area median income, adjusted
for household size, for the metropolitan statistical area, or
the county if not within a metropolitan statistical area, in
which the household is located, as determined annually by the
United States Department of Housing and Urban Development;
b.That 40 percent of the rental units be occupied by and
affordable to households whose total annual household income
does not exceed 50 percent of the area median income, adjusted
for household size, for the metropolitan statistical area, or
the county if not within a metropolitan statistical area, in
which the household is located, as determined annually by the
United States Department of Housing and Urban Development; or
c.That 20 percent of the rental units be occupied by and
affordable to households whose total annual household income
does not exceed 30 percent of the area median income, adjusted
for household size, for the metropolitan statistical area, or
the county if not within a metropolitan statistical area, in
which the household is located, as determined annually by the
United States Department of Housing and Urban Development.
2.The owner of a development with deed restrictions
required under this paragraph must file an annual occupancy
report with the county or municipality, as applicable, on a form
adopted by the governing body of the county or municipality.
(d)Except as otherwise provided in this section, if the
deed restrictions imposed under this subsection are for a number
of years, the deed restrictions must renew automatically.
(e)A land bank or the governing body of a county or
municipality may modify or add to the deed restrictions imposed
under this subsection. Any modifications or additions made by
the governing body of the county or municipality must be adopted
by the governing body as part of its community land bank plan
and must comply with the restrictions in this subsection.
(9)(a)A land bank must keep accurate minutes of its
meetings and accurate records and books of account that conform
with generally accepted accounting principles and that clearly
reflect the income and expenses of the land bank and all
transactions in relation to its property.
(b)A land bank must maintain in its records for inspection
a copy of the sale settlement statement for each property sold
by a qualified participating developer and a copy of the first
page of the mortgage note with the interest rate and indicating
the volume and page number of the instrument as filed with the
county clerk.
(c)Within 90 days after the close of its fiscal year, a
land bank must file with the county or municipality, as
applicable, an annual audited financial statement prepared by a
certified public accountant. The financial transactions of the
land bank are subject to audit by the county or municipality.
(d)For purposes of evaluating the effectiveness of the
program, a land bank must submit an annual performance report to
the county or municipality, as applicable, by November 1 of each
year in which the land bank acquires or sells property under
this section. The performance report must include all of the
following:
1.A complete and detailed written accounting of all money
and properties received and disbursed by the land bank during
the preceding fiscal year.
2.For each property acquired by the land bank during the
preceding fiscal year:
a.The street address of the property.
b.The legal description of the property.
c.The date on which the land bank took title to the
property.
d.The full name and street address of the property owner
of record at the time of the foreclosure proceeding.
3.For each property sold by the land bank to a qualified
participating developer during the preceding fiscal year:
a.The street address of the property.
b.The legal description of the property.
c.The full name and mailing address of the developer.
d.The purchase price paid by the developer.
e.The maximum incomes allowed for the households by the
terms of the sale.
f.The source and amount of any public subsidy provided by
the county or municipality to facilitate the sale or rental of
the property to a household within the targeted income range.
4.For each property sold by a qualified participating
developer during the preceding fiscal year, the buyer’s
household income and a description of all use and sale
restrictions.
5.For each property developed for rental units with an
active deed restriction, a copy of the most recent annual report
filed by the owner of the land bank.
(e)A land bank must provide copies of the performance
report to the taxing units that were parties to the judgment of
foreclosure and provide notice of the availability of the
performance report for review to the organizations and
neighborhood associations identified by the governing body of
the county or municipality as serving the neighborhoods in which
properties sold to the land bank under this section are located.
(f)The land bank and county or municipality, as
applicable, must maintain copies of all performance reports and
make such reports available for public review.
(10)A land bank may acquire real property by donation,
devise, purchase, or transfer from a municipality, county, or
other governmental entity. Real property acquired under this
subsection may be held, managed, and disposed of in accordance
with this section and the community land bank plan developed
under subsection (3).
(11)Exclusive of any state or school district ad valorem
tax, up to 75 percent of the taxes collected pursuant to state
law on real property conveyed by a land bank must be remitted to
the land bank. The allocation of property tax revenues begins in
the first taxable year after the date of the conveyance of real
property and continues for 5 years. The funds from such property
tax revenues must be remitted to the land bank in accordance
with the administrative procedures established by the tax
commissioner or tax collector of the county or counties in which
the land bank is located.
(12)This section does not apply to property acquired
through an eminent domain action.
Section 5. Section 215.55866, Florida Statutes, is created
to read:
215.55866 Uniform home resiliency grading scale and
database.—
(1) The Department of Financial Services shall:
(a) Adopt a uniform home resiliency grading scale to
measure the ability of a home to withstand the wind load from a
sustained severe tropical storm or hurricane. The grading scale
must:
1. Be easy to understand by property owners.
2. Use objective standards and proven mitigation
techniques.
(b) Create a program that facilitates the sharing of
information on the resiliency of housing stock using the grading
scale created in paragraph (a) through a database maintained by
the department. The program must allow insurance companies,
mortgage lenders, and others involved in risk financing to
access the information.
(2) The department shall adopt rules to implement this
section.
Section 6. Section 215.55867, Florida Statutes, is created
to read:
215.55867 Innovative Mitigation Solutions Pilot Program.—
(1) There is established within the Department of Financial
Services the Innovative Mitigation Solutions Pilot Program to
allow mortgage lenders and property insurers to develop new
financial products to promote and finance mitigation of
residential property.
(2) Mortgage lenders and property insurers may submit
proposals for new financial products to the department. The
proposal must include information on any regulatory changes
needed for implementation.
(3) The department may offer a waiver from existing
regulations, or develop new regulations, in order to implement
the proposal.
(4) The department shall adopt rules to implement this
section.
Section 7. Section 220.1851, Florida Statutes, is created
to read:
220.1851Retail-to-residence tax credit.—
(1)As used in this section, the term:
(a)“Credit period” means the period of 5 years beginning
with the year a project is completed.
(b)“Designated project” means a qualified project
designated pursuant to s. 420.50931 to receive the tax credit
under this section.
(c)“Qualified project” means a project to redevelop a
structure that was originally developed as a shopping center to
provide appropriate and affordable workforce housing.
(d)“Shopping center” means an area designed to provide
space for multiple storefronts within a single building or
sharing a common parking lot.
(2)(a)There shall be allowed a tax credit of up to 9
percent, but no more than necessary to make the project
feasible, of the total cost of a designated project for each
year of the credit period against any tax due for a taxable year
under this chapter.
(b)The tax credit shall be allocated among designated
projects by the Florida Housing Finance Corporation as provided
in s. 420.50931.
(c)A tax credit allocated to a designated project may be
subject to transfer by the recipient. Such transferred credits
may not be transferred again. The department shall adopt rules
necessary to administer this paragraph.
(d)A tax credit allocation may be used for eligible costs,
including, but not limited to, structural modifications, Florida
Building Code compliance, utility upgrades, interior
reconfigurations, and accessibility improvements, necessary to
convert a shopping center into appropriate and affordable
workforce housing.
(e)Any unused tax credit allocation may be carried forward
for up to 1 fiscal year.
Section 8. Section 420.0005, Florida Statutes, is amended
to read:
420.0005 State Housing Trust Fund; State Housing Fund.—
(1) There is established in the State Treasury a separate
trust fund to be named the “State Housing Trust Fund.” There
shall be deposited in the fund all moneys appropriated by the
Legislature, or moneys received from any other source, for the
purpose of this chapter, and all proceeds derived from the use
of such moneys. The fund shall be administered by the Florida
Housing Finance Corporation on behalf of the department, as
specified in this chapter. Money deposited to the fund and
appropriated by the Legislature must, notwithstanding [the]
[provisions of] chapter 216 or s. 420.504(3), be transferred
quarterly in advance, to the extent available, or, if not so
available, as soon as received into the State Housing Trust
Fund, and subject to [the provisions of] s. 420.5092(6)(a) and (b)
by the Chief Financial Officer to the corporation upon
certification by the Secretary of Commerce that the corporation
is in compliance with the requirements of s. 420.0006. The
certification made by the secretary shall also include the split
of funds among programs administered by the corporation and the
department as specified in chapter 92-317, Laws of Florida, as
amended. Moneys advanced by the Chief Financial Officer must be
deposited by the corporation into a separate fund established
with a qualified public depository meeting the requirements of
chapter 280 to be named the “State Housing Fund” and used for
the purposes of this chapter. Administrative and personnel costs
incurred in implementing this chapter may be paid from the State
Housing Fund, but such costs may not exceed 5 percent of the
moneys deposited into such fund. To the State Housing Fund shall
be credited all loan repayments, penalties, and other fees and
charges accruing to such fund under this chapter. It is the
intent of this chapter that all loan repayments, penalties, and
other fees and charges collected be credited in full to the
program account from which the loan originated. Moneys in the
State Housing Fund which are not currently needed for the
purposes of this chapter shall be invested in such manner as is
provided for by statute. The interest received on any such
investment shall be credited to the State Housing Fund.
(2)For any funds transferred from the State Housing Trust
Fund in accordance with s. 215.32:
(a)An agency receiving funds that originated from the
State Housing Trust Fund must provide a report to the
Legislature identifying with specificity the manner in which the
funds were spent. The report must be submitted within 30 days
after the close of the fiscal year in which the funds are
expended.
(b)Any funds appropriated from the State Housing Trust
Fund for uses other than those specified in this chapter must be
repaid within 5 years after the date on which the funds were
appropriated.
Section 9. Section 420.50931, Florida Statutes, is created
to read:
420.50931Retail-to-Residence Tax Credit Program.—
(1)There is created the Retail-to-Residence Tax Credit
Program for the purpose of redeveloping shopping centers into
appropriate and affordable workforce housing.
(2)The corporation shall determine those qualified
projects, as defined in s. 220.1851(1), which shall be
considered designated projects under s. 220.1851 and eligible
for the corporate tax credit under that section. The corporation
shall establish procedures necessary for proper allocation and
distribution of tax credits, including the establishment of
criteria for ensuring that the housing is appropriate and
affordable for the workers of this state, and may exercise all
powers necessary to administer the allocation of such credits.
The board of directors of the corporation shall administer the
allocation procedures and determine allocations on behalf of the
corporation. The corporation shall prepare an annual plan, which
must be approved by the Governor, containing general guidelines
for the allocation of tax credits to designated projects.
(3)The corporation shall adopt allocation procedures to
ensure that tax credits are used in a fair manner, taking into
consideration the timeliness of the application, the location of
the proposed project, the relative need in the area for
appropriate and affordable workforce housing and the
availability of such housing, the economic feasibility of the
proposed project, and the ability of the applicant to complete
the proposed project in the calendar year for which the tax
credit is sought.
(4)(a)A taxpayer who wishes to participate in the Retail
to-Residence Tax Credit Program must submit an application for
tax credit to the corporation. The application must identify the
proposed project and the location of the proposed project and
include evidence that the proposed project is a qualified
project as defined in s. 220.1851(1). The corporation may
request any information from an applicant necessary to enable
the corporation to make tax credit allocations according to the
procedures adopted under subsection (3).
(b)The corporation’s approval of an application for a
project must be in writing and include a statement of the
maximum tax credit allowable to the applicant.
Section 10. Section 420.5312, Florida Statutes, is created
to read:
420.5312Affordable Housing Construction Loan Program.—
(1)The Affordable Housing Construction Loan Program is
created to encourage the new construction of affordable homes
for purchase by low- to moderate-income homebuyers by providing
a revolving line of construction funding.
(2)The corporation is authorized to provide loans under
the program to applicants for the construction of affordable
housing. Applicants may draw from the loan up to five times per
home. All homes must meet the requirements of the Florida
Building Code or, if more stringent, local amendments to the
Florida Building Code.
(3)Qualified homebuyers of homes built under this program
must be first-time homebuyers whose total annual household
income does not exceed 120 percent of the area median income,
adjusted for household size, for the metropolitan statistical
area, or the county if not within a metropolitan statistical
area, in which the household is located, as determined annually
by the United States Department of Housing and Urban
Development.
(4)The corporation shall develop a loan application
process for the program.
(5)The corporation may adopt rules pursuant to ss.
120.536(1) and 120.54 to implement this section.
Section 11. Section 420.9079, Florida Statutes, is amended
to read:
420.9079 Local Government Housing Trust Fund.—
(1) There is created in the State Treasury the Local
Government Housing Trust Fund, which shall be administered by
the corporation on behalf of the department according to [the]
[provisions of] ss. 420.907-420.9076 and this section. There shall
be deposited into the fund a portion of the documentary stamp
tax revenues as provided in s. 201.15, moneys received from any
other source for the purposes of ss. 420.907-420.9076 and this
section, and all proceeds derived from the investment of such
moneys. Moneys in the fund that are not currently needed for the
purposes of the programs administered pursuant to ss. 420.907
420.9076 and this section shall be deposited to the credit of
the fund and may be invested as provided by law. The interest
received on any such investment shall be credited to the fund.
(2) The corporation shall administer the fund exclusively
for the purpose of implementing the programs described in ss.
420.907-420.9076 and this section. With the exception of
monitoring the activities of counties and eligible
municipalities to determine local compliance with program
requirements, the corporation shall not receive appropriations
from the fund for administrative or personnel costs. For the
purpose of implementing the compliance monitoring provisions of
s. 420.9075(9), the corporation may request a maximum of one
quarter of 1 percent of the annual appropriation per state
fiscal year. When such funding is appropriated, the corporation
shall deduct the amount appropriated before [prior to] calculating
the local housing distribution pursuant to ss. 420.9072 and
420.9073.
(3)For any funds transferred from the Local Government
Housing Trust Fund in accordance with s. 215.32:
(a)An agency receiving funds that originated from the
Local Government Housing Trust Fund must provide a report to the
Legislature identifying with specificity the manner in which the
funds were spent. The report must be submitted within 30 days
after the close of the fiscal year in which the funds are
expended.
(b)Any funds appropriated from the Local Government
Housing Trust Fund for uses other than those specified in this
chapter must be repaid within 5 years after the date on which
the funds were appropriated.
Section 12. Section 542.37, Florida Statutes, is created to
read:
542.37Unlawful restriction of competition with respect to
residential dwelling units.—
(1)As used in this section, the term:
(a)“Consciously parallel pricing coordination” means a
tacit agreement between two or more landlords to raise, lower,
change, maintain, or manipulate pricing for the rental of a
residential dwelling unit.
(b)“Coordinating function” means all of the following:
1.Collecting historical or contemporaneous prices, supply
levels, or rental agreement termination and renewal dates of
residential dwelling units from two or more landlords.
2.Analyzing or processing the information described in
subparagraph 1. through the use of a system or process or
through software that uses computation, including by using the
information to train an algorithm.
3.Recommending rental prices, rental agreement renewal
terms, or ideal occupancy levels to a landlord.
(c)“Coordinator” means a person who operates a software or
data analytics service that performs a coordinating function for
a landlord. The term includes a landlord if such person is
performing a coordinating function for his or her own benefit.
(d)“Landlord” means a residential property owner or lessor
of a residential dwelling unit.
(e)“Residential dwelling unit” means a house, an
apartment, an accessory unit, or any other unit intended to be
used as a primary residence in this state. The term does not
include inpatient medical care, licensed long-term care, or
detention or correctional facilities.
(2)It is unlawful and a violation of the Florida Antitrust
Act of 1980 for:
(a)A landlord, or the agent, representative, or
subcontractor of the landlord, to subscribe to, contract with,
or otherwise exchange any form of consideration in return for
the use of the services of a coordinator;
(b)A coordinator to facilitate an agreement among
landlords which restricts competition with respect to
residential dwelling units, including by performing a
coordinating function; or
(c)Two or more landlords to engage in consciously parallel
pricing coordination.
(3)Sections 542.21, 542.22, 542.23, 542.24-542.32, and
542.35 apply to this section.
(4)The Office of the Attorney General shall develop a
public education program designed to inform residents of this
state of the prohibitions in this section. Information developed
for the public education program must be posted on the Attorney
General’s website along with information on the steps a consumer
may take if the consumer suspects a violation of this section.
(5)The Office of the Attorney General may adopt rules to
implement this section.
Section 13. Subsections (5) and (6) are added to section
627.0613, Florida Statutes, to read:
627.0613 Consumer advocate.—The Chief Financial Officer
must appoint a consumer advocate who must represent the general
public of the state before the department and the office. The
consumer advocate must report directly to the Chief Financial
Officer, but is not otherwise under the authority of the
department or of any employee of the department. The consumer
advocate has such powers as are necessary to carry out the
duties of the office of consumer advocate, including, but not
limited to, the powers to:
(5)Request an administrative hearing pursuant to s. 120.57
to challenge a notice of intent to approve or a notice of intent
to disapprove a rate filing.
(6)Administer oaths or affirmations to compel the
attendance and testimony of witnesses, or to issue subpoenas for
and compel the production of books, papers, records, documents,
and other evidence, pertaining to any investigation or hearing
convened under this section.
(a)In conducting an investigation, the consumer advocate
and its investigators must have access at all reasonable times
to premises, records, documents, and other evidence or possible
sources of evidence and may examine, record, and copy such
materials and take and record the testimony or statements of
such persons as deemed reasonably necessary for the furtherance
of the investigation.
(b)In the case of a refusal to obey a subpoena issued to
any person, the consumer advocate may apply to any circuit court
of this state, which court shall have jurisdiction to order the
witness to appear before the consumer advocate to give testimony
and to produce evidence concerning the matter in question.
Failure to obey the court’s order may be punished by the court
as contempt. If the court enters an order holding a person in
contempt or compelling the person to comply with the subpoena,
the court may order the person to pay the consumer advocate
reasonable expenses, including reasonable attorney fees, accrued
by the consumer advocate in obtaining the order from the court.
Section 14. Paragraph (a) of subsection (2) and subsection
(6) of section 627.062, Florida Statutes, are amended to read:
627.062 Rate standards.—
(2) As to all such classes of insurance:
(a) Insurers or rating organizations shall establish and
use rates, rating schedules, or rating manuals that allow the
insurer a reasonable rate of return on the classes of insurance
written in this state. A copy of rates, rating schedules, rating
manuals, premium credits or discount schedules, and surcharge
schedules, and changes thereto, must be filed with the office
under one of the following procedures:
1. If the filing is made at least 90 days before the
proposed effective date and is not implemented during the
office’s review of the filing and any proceeding and judicial
review, such filing is considered a “file and use” filing. In
such case, the office shall finalize its review by issuance of a
notice of intent to approve or a notice of intent to disapprove
within 90 days after receipt of the filing. If the 90-day period
ends on a weekend or a holiday under s. 110.117(1)(a)-(i), it
must be extended until the conclusion of the next business day.
The notice of intent to approve and the notice of intent to
disapprove constitute agency action for purposes of the
Administrative Procedure Act. Requests for supporting
information, requests for mathematical or mechanical
corrections, or notification to the insurer by the office of its
preliminary findings does not toll the 90-day period during any
such proceedings and subsequent judicial review. The rate shall
be deemed approved if the office does not issue a notice of
intent to approve or a notice of intent to disapprove within 90
days after receipt of the filing.
2. If the filing is not made in accordance with
subparagraph 1., such filing must be made as soon as
practicable, but within 30 days after the effective date, and is
considered a “use and file” filing. An insurer making a “use and
file” filing is potentially subject to an order by the office to
return to policyholders those portions of rates found to be
excessive, as provided in paragraph (h).
3. For all property insurance filings made or submitted
after January 25, 2007, but before May 1, 2012, an insurer
seeking a rate that is greater than the rate most recently
approved by the office shall make a “file and use” filing. For
purposes of this subparagraph, motor vehicle collision and
comprehensive coverages are not considered property coverages.
4.The office may not approve any property insurance
filings made or submitted on or after July 1, 2026, if the
proposed rate is more than 10 percent above the highest rate
approved by the office within the past 12 months. If multiple
rate filings occur within a 12-month period, the office may not
approve a total cumulative increase that is more than 15 percent
above the highest approved rate within the past 12 months.
The provisions of this subsection do not apply to workers’
compensation, employer’s liability insurance, and motor vehicle
insurance.
(6)(a) If an insurer or the consumer advocate under s.
627.0613 requests an administrative hearing pursuant to s.
120.57 related to a rate filing under this section, the director
of the Division of Administrative Hearings must [shall] expedite
the hearing and assign an administrative law judge who shall
commence the hearing within 30 days after the receipt of the
formal request and enter a recommended order within 30 days
after the hearing or within 30 days after receipt of the hearing
transcript by the administrative law judge, whichever is later.
Each party shall have 10 days in which to submit written
exceptions to the recommended order. The office shall enter a
final order within 30 days after the entry of the recommended
order. The provisions of this paragraph may be waived upon
stipulation of all parties.
(b) Upon entry of a final order, the insurer or the
consumer advocate under s. 627.0613 may request an expedited
appellate review pursuant to the Florida Rules of Appellate
Procedure. It is the intent of the Legislature that the First
District Court of Appeal grant an insurer’s or the consumer
advocate’s request for an expedited appellate review.
Section 15. Section 692.041, Florida Statutes, is created
to read:
692.041Single-family residential property.—
(1)As used in this section, the term:
(a)“Affiliate” means:
1.A person or business entity that directly or indirectly
controls, is controlled by, or is under common control with
another person or business entity, including, but not limited
to, any heirs, assigns, related trusts, or persons who are in
privity of contract at law or in equity.
2.A person or business entity that receives a financial
benefit from possession of the land as an asset, including, but
not limited to, income, leverage, capital securitization,
inclusion in a financial portfolio, or for purposes related to
debt or taxes.
As used in this paragraph, the term “control” means the direct
or indirect power to direct or cause the direction of the
management or policies of a business entity, whether through
ownership, common management, contractual arrangements, or
otherwise.
(b) “Business entity” means an association, a company, a
firm, a partnership, a corporation, a limited liability company,
a limited liability partnership, a real estate investment trust,
or any other legal entity, and such entity’s successors,
assignees, or affiliates. The term does not include:
1.A nonprofit corporation or other nonprofit legal entity.
2.A person or entity primarily engaged in the acquisition,
rehabilitation, or construction of new or existing market rate
or affordable residential housing. As used in this subparagraph,
the term “affordable” has the same meaning as in s. 420.0004.
(c)“Single-family residential property” means a single
parcel of real property improved with only one detached dwelling
unit on it for which a certificate of occupancy has been issued.
(2)(a)A business entity that has an interest in more than
100 single-family residential properties in this state may not
purchase, acquire, or otherwise obtain an ownership interest in
another single-family residential property and subsequently
lease or rent such property.
(b)The seller of single-family residential property to a
business entity is not liable for any violation of this section
by the business entity.
(3)(a)Beginning July 1, 2026, a business entity that has
an interest in 1000 or more single-family residential properties
may not purchase, acquire, or offer to purchase or acquire any
interest in another single-family residential property unless
such property has been listed for sale to the general public for
at least 90 days. The 90-day waiting period restarts if the
seller of the single-family residential property changes the
asking price of such property.
(b)If a business entity described in paragraph (a)
purchases or acquires an interest in a single-family residential
property, the business entity, or its authorized agent, must
complete and retain the following notice at the time a contract
for purchase is executed:
COMPLIANCE WITH FLORIDA LAW
Under s. 692.041, Florida Statutes, a business entity
that has an interest in 1000 or more single-family
residential properties may not purchase, acquire, or
offer to purchase or acquire any interest in another
single-family residential property unless such
property has been listed for sale to the general
public for at least 90 days. The undersigned certifies
compliance with this requirement.
 1000  (c)A business entity shall retain the signed notice under
 1001  paragraph (b) for inspection, upon request, by the Department of
 1002  Legal Affairs.
 1003  (4)(a)For purposes of determining compliance with this
 1004  section, all ownership interests held by a business entity,
 1005  together with those held by any affiliates of the business
 1006  entity, must be aggregated and treated as if such ownership
 1007  interests are held by a single business entity.
 1008  (b)A business entity may not use affiliated entities or
 1009  other similar arrangements to avoid the application of this
 1010  section.
 1011  (5) The Attorney General may bring a civil action for a
 1012  violation of this section. If the Attorney General prevails in a
 1013  civil action brought under this section, the court must order
 1014  all of the following:
 1015  (a)1.A civil penalty of $100,000 against the business
 1016  entity for each violation of paragraph (2)(a); or
 1017  2.A civil penalty of up to $10,000 against the business
 1018  entity for each violation of subsection (3).
 1019  (b)Require the business entity to sell the single-family
 1020  residential property to a natural person or an independent third
 1021  party within 1 year after the date the court enters the
 1022  judgment.
 1023  (c)Reasonable attorney fees and costs.
 1024  (6)Subsection (5) is the exclusive remedy for a violation
 1025  of this section.
 1026  Section 16. Present subsections (6), (7), and (8) of
 1027  section 83.67, Florida Statutes, are redesignated as subsections
 1028  (7), (8), and (9), respectively, and a new subsection (6) is
 1029  added to that section, to read:
 1030  83.67 Prohibited practices.—
 1031  (6)A landlord of any dwelling unit governed by this part
 1032  may not use the services of a coordinator or engage in
 1033  consciously parallel pricing coordination, as those terms are
 1034  defined in s. 542.37(1).
 1035  Section 17. Section 542.21, Florida Statutes, is amended to
 1036  read:
 1037  542.21 Penalties for violation.—
 1038  (1) Any natural person who violates [any of the provisions]
 1039  [of] s. 542.18, [or] s. 542.19, or s. 542.37 is [shall be] subject to
 1040  a civil penalty of not more than $100,000. Any other person who
 1041  violates [any of the provisions of] s. 542.18, [or] s. 542.19, or s.
 1042  542.37 is [shall be] subject to a civil penalty of not more than
 1043  $1 million.
 1044  (2) Any person who knowingly violates [any of the provisions]
 1045  [of] s. 542.18, [or] s. 542.19, or s. 542.37, or who knowingly aids
 1046  in or advises such violation, is guilty of a felony, punishable
 1047  by a fine not exceeding $1 million if a corporation, or, if any
 1048  other person, $100,000 or imprisonment not exceeding 3 years, or
 1049  [by] both [said punishments].
 1050  (3) The commencement of trial seeking civil penalties in
 1051  any action under this section bars [shall bar] any subsequent
 1052  criminal prosecution against the same person for violation of s.
 1053  542.18, [or] s. 542.19, or s. 542.37, based upon the same acts.
 1054  The commencement of trial in a criminal prosecution for a
 1055  violation of s. 542.18, [or] s. 542.19, or s. 542.37 bars [shall]
 1056  [bar] any subsequent action against the same person for recovery
 1057  of civil penalties under this section based upon the same acts,
 1058  but may [shall] not bar a subsequent suit for damages or
 1059  injunctive relief under ss. 542.22 and 542.23.
 1060  (4) The Attorney General may not commence an [No] action
 1061  under this section or s. 542.23 [shall be commenced by the]
 1062  [Attorney General] against any person who, at the time, is a
 1063  defendant in a suit filed by the United States for violation or
 1064  alleged violation of the federal antitrust laws involving
 1065  substantially the same subject matter and seeking substantially
 1066  the same relief.
 1067  Section 18. Subsections (1) and (2) of section 542.22,
 1068  Florida Statutes, are amended to read:
 1069  542.22 Suits for damages.—
 1070  (1) Any person who is [shall be] injured in her or his
 1071  business or property by reason of any violation of s. 542.18, [or]
 1072  s. 542.19, or s. 542.37 may sue [therefor] in the circuit courts
 1073  of this state and shall recover threefold the damages by her or
 1074  him sustained, and the cost of suit, including a reasonable
 1075  attorney fee. The court shall award a reasonable attorney fee to
 1076  a defendant prevailing in any action under this part for damages
 1077  or equitable relief in which the court finds there was a
 1078  complete absence of a justiciable issue of either law or fact
 1079  raised by the plaintiff.
 1080  (2) The Attorney General, or a state attorney after
 1081  receiving written permission from the Attorney General, may
 1082  bring a civil action in the name of this [the] state, as parens
 1083  patriae on behalf of natural persons residing in this state, to
 1084  recover on behalf of those persons threefold the actual damages
 1085  sustained by reason of any violation of s. 542.18, [or] s. 542.19,
 1086  or s. 542.37, and the cost of such suit, including a reasonable
 1087  attorney [attorney’s] fee. The court shall exclude from the amount
 1088  of monetary relief awarded in such action any amount of monetary
 1089  relief which:
 1090  (a) Duplicates amounts which have been awarded for the same
 1091  injury;
 1092  (b) Is properly allocable to natural persons who have
 1093  excluded their claims pursuant to paragraph (3)(b); or
 1094  (c) Is properly allocable to any business entity.
 1095  Section 19. Section 542.25, Florida Statutes, is amended to
 1096  read:
 1097  542.25 Judgment in favor of state as prima facie evidence.
 1098  A final judgment or decree entered in any civil or criminal
 1099  proceeding brought by the Attorney General or a state attorney
 1100  under s. 542.21 or s. 542.23 to the effect that a defendant has
 1101  violated s. 542.18, [or] s. 542.19, or s. 542.37, or entered in
 1102  any civil or criminal proceeding brought by the United States
 1103  Department of Justice under comparable federal laws, shall be
 1104  prima facie evidence against such defendant in any civil action
 1105  or proceeding under this part brought by any other person
 1106  against such defendant as to all matters with respect to which
 1107  such judgment or decree would be an estoppel as between the
 1108  parties thereto; however, this section does not apply to a
 1109  consent judgment or decree entered before any testimony has been
 1110  taken. [Nothing contained in] This section may not [shall] be
 1111  construed to impose any limitation on the application of
 1112  collateral estoppel.
 1113  Section 20. Section 542.32, Florida Statutes, is amended to
 1114  read:
 1115  542.32 Rule of construction and coverage.—It is the intent
 1116  of the Legislature that, in construing this part, due
 1117  consideration and great weight be given to the interpretations
 1118  of the federal courts relating to comparable federal antitrust
 1119  statutes. In particular, the failure to include in this part the
 1120  substantive provisions of s. 3 of the Clayton Act, 15 U.S.C. s.
 1121  14, may [shall] not be deemed in any way to limit the scope of s.
 1122  542.18, [or] s. 542.19, or s. 542.37.
 1123  Section 21.  This act shall take effect July 1, 2026.

Citing this act as the "Real Affordable Housing Relief Act"; deleting provisions prohibiting municipalities, counties, or other entities of local government from adopting or maintaining certain laws relating to rent control; authorizing counties and municipalities to create community land bank programs for a certain purpose; providing requirements for the sale of certain property to land banks; providing conditions for the subsequent resale of property acquired by land banks; requiring the Department of Financial Services to adopt a home resiliency grading scale for a specified purpose; creating the Affordable Housing Construction Loan Program for a certain purpose, etc.

Sponsors

Sen. Carlos Smith (D) sponsors S 1726 alone.

Carlos Smith

Sen. · D–17 · Sponsor

History

S 1726 has taken 4 actions since Jan 9, 2026, the latest on Mar 13, 2026.

ChamberAction
Mar 13, 2026
Senate
Died in Community Affairs
Jan 22, 2026
Senate
Introduced
Jan 16, 2026
Senate
Referred to Community Affairs; Finance and Tax; Rules
Jan 9, 2026
Senate
Filed

Votes

S 1726 has not gone to a roll call.

Source: flsenate.gov · legiscan.com