Bill Text: FL S1150 | 2022 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Taxation of Affordable Housing

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Failed) 2022-03-14 - Died in Appropriations [S1150 Detail]

Download: Florida-2022-S1150-Introduced.html

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       Florida Senate - 2022                                    SB 1150
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       39-01040-22                                           20221150__
    1                        A bill to be entitled                      
    2         An act relating to a tax exemption for affordable
    3         housing; amending s. 196.196, F.S.; authorizing
    4         counties and municipalities to adopt ordinances to
    5         grant ad valorem tax exemptions to certain property
    6         owners whose properties are used for the governmental
    7         or public purpose of providing affordable housing to
    8         certain persons or families; providing conditions for
    9         such exemptions; defining the term “affordable
   10         housing”; providing construction; specifying
   11         procedures that apply to persons if property is
   12         transferred for other purposes; specifying that an
   13         exemption improperly granted by a property appraiser
   14         to a person will not be assessed a penalty or
   15         interest; providing applicability; providing an
   16         effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Present paragraph (b) of subsection (5) of
   21  section 196.196, Florida Statutes, is redesignated as paragraph
   22  (c) and amended, and a new paragraph (b) is added to that
   23  subsection, to read:
   24         196.196 Determining whether property is entitled to
   25  charitable, religious, scientific, or literary exemption.—
   26         (5)
   27         (b) The governing authority of a county or municipality may
   28  adopt an ordinance to grant an ad valorem tax exemption under s.
   29  3, Art. VII of the State Constitution to any property owner
   30  whose property is used for the governmental or public purpose of
   31  providing affordable housing in a multifamily project comprising
   32  at least 50 dwelling units, subject to the following:
   33         1. For purposes of this paragraph, the term “affordable
   34  housing” means a dwelling unit occupied by or restricted to the
   35  occupancy of extremely-low-income persons, very-low-income
   36  persons, low-income persons, or moderate-income persons, as
   37  defined in s. 420.0004. Physical occupancy in a dwelling unit on
   38  January 1 is not required for the grant of an exemption if
   39  occupancy of the unit is restricted to persons or families who
   40  meet these income limits.
   41         2. An exemption of up to 75 percent of the assessed value
   42  for each dwelling unit used for affordable housing may be
   43  granted if at least 10 percent of the multifamily project’s
   44  total units are used for providing affordable housing and the
   45  multifamily project has a recorded land use restriction
   46  agreement as required by subparagraph 5.
   47         3. An exemption of up to 100 percent of the assessed value
   48  for each dwelling unit may be granted if 100 percent of the
   49  multifamily project’s total units are used for providing
   50  affordable housing and the multifamily project has a recorded
   51  land use restriction agreement as required by subparagraph 5.
   52         4. An exemption of up to 100 percent of the assessed value
   53  of a multifamily project’s common areas may be granted if at
   54  least 25 percent of the multifamily project’s total units are
   55  used for providing affordable housing and the multifamily
   56  project has a recorded land use restriction agreement as
   57  required by subparagraph 5.
   58         5. An exemption may not be granted for property in a
   59  multifamily project unless the multifamily project has a
   60  recorded land use restriction agreement in favor of the Florida
   61  Housing Finance Corporation or any other governmental or quasi
   62  governmental jurisdiction which requires that any units
   63  qualifying for the exemption are used for providing affordable
   64  housing.
   65  
   66  For purposes of this paragraph, a governmental or public purpose
   67  is served if a person provides a service that the state or any
   68  of its political subdivisions, or any municipality, agency,
   69  special district, authority, or other public body corporate of
   70  the state, could properly perform or serve, and if the
   71  governmental or public purpose would otherwise be a valid
   72  purpose for the allocation of public funds.
   73         (c)1.(b)1. If property owned by an organization or a person
   74  granted an exemption under this subsection is transferred for a
   75  purpose other than directly providing affordable homeownership
   76  or rental housing to persons or families who meet the extremely
   77  low-income, very-low-income, low-income, or moderate-income
   78  limits, as defined specified in s. 420.0004, or is not in actual
   79  use to provide such affordable housing within 5 years after the
   80  date the organization or person is granted the exemption, the
   81  property appraiser making such determination shall serve upon
   82  the organization or person that illegally or improperly received
   83  the exemption a notice of intent to record in the public records
   84  of the county a notice of tax lien against any property owned by
   85  that organization or person in the county, and such property
   86  shall be identified in the notice of tax lien. The organization
   87  or person owning such property is subject to the taxes otherwise
   88  due and owing as a result of the failure to use the property to
   89  provide affordable housing plus 15 percent interest per annum
   90  and a penalty of 50 percent of the taxes owed.
   91         2. Such lien, when filed, attaches to any property
   92  identified in the notice of tax lien owned by the organization
   93  or person that illegally or improperly received the exemption.
   94  If such organization or person no longer owns property in the
   95  county but owns property in any other county in the state, the
   96  property appraiser shall record in each such other county a
   97  notice of tax lien identifying the property owned by such
   98  organization or person in such county which shall become a lien
   99  against the identified property. Before any such lien may be
  100  filed, the organization or person so notified must be given 30
  101  days to pay the taxes, penalties, and interest.
  102         3. If an exemption is improperly granted as a result of a
  103  clerical mistake or an omission by the property appraiser, the
  104  organization or person improperly receiving the exemption shall
  105  not be assessed a penalty or interest.
  106         4. The 5-year limitation specified in this subsection may
  107  be extended if the holder of the exemption continues to take
  108  affirmative steps to develop the property for the purposes
  109  specified in this subsection.
  110         Section 2. The amendments made by this act to s. 196.196,
  111  Florida Statutes, first apply to taxable years beginning on or
  112  after January 1, 2023.
  113         Section 3. This act shall take effect July 1, 2022.