Bill Text: FL S1440 | 2024 | Regular Session | Introduced

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

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Bill Title: Affordable Housing Property Tax Exemptions for Accessory Dwelling Units

Spectrum: Bipartisan Bill

Status: (Failed) 2024-03-08 - Died in Finance and Tax [S1440 Detail]

Download: Florida-2024-S1440-Introduced.html

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       Florida Senate - 2024                                    SB 1440
       
       
        
       By Senator Calatayud
       
       
       
       
       
       38-00602A-24                                          20241440__
    1                        A bill to be entitled                      
    2         An act relating to affordable housing property tax
    3         exemptions for accessory dwelling units; amending s.
    4         196.1979, F.S.; authorizing counties and
    5         municipalities to exempt certain accessory dwelling
    6         units from ad valorem taxation; deleting a provision
    7         requiring the expiration of certain tax exemptions;
    8         providing applicability; providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Paragraphs (a) and (b) of subsection (1) and
   13  subsection (5) of section 196.1979, Florida Statutes, are
   14  amended to read:
   15         196.1979 County and municipal affordable housing property
   16  exemption.—
   17         (1)(a) Notwithstanding ss. 196.195 and 196.196, the board
   18  of county commissioners of a county or the governing body of a
   19  municipality may adopt an ordinance to exempt those portions of
   20  property used to provide affordable housing meeting the
   21  requirements of this section. Such property is considered
   22  property used for a charitable purpose. To be eligible for the
   23  exemption, the portions of property:
   24         1. Must be used to house natural persons or families whose
   25  annual household income:
   26         a. Is greater than 30 percent but not more than 60 percent
   27  of the median annual adjusted gross income for households within
   28  the metropolitan statistical area or, if not within a
   29  metropolitan statistical area, within the county in which the
   30  person or family resides; or
   31         b. Does not exceed 30 percent of the median annual adjusted
   32  gross income for households within the metropolitan statistical
   33  area or, if not within a metropolitan statistical area, within
   34  the county in which the person or family resides;
   35         2.a. Must be within a multifamily project containing 50 or
   36  more residential units, at least 20 percent of which are used to
   37  provide affordable housing that meets the requirements of this
   38  section; or
   39         b. Must be an accessory dwelling unit as defined in s.
   40  163.31771(2)(a);
   41         3. Must be rented for an amount no greater than the amount
   42  as specified by the most recent multifamily rental programs
   43  income and rent limit chart posted by the corporation and
   44  derived from the Multifamily Tax Subsidy Projects Income Limits
   45  published by the United States Department of Housing and Urban
   46  Development or 90 percent of the fair market value rent as
   47  determined by a rental market study meeting the requirements of
   48  subsection (4), whichever is less;
   49         4. May not have been cited for code violations on three or
   50  more occasions in the 24 months before the submission of a tax
   51  exemption application;
   52         5. May not have any cited code violations that have not
   53  been properly remedied by the property owner before the
   54  submission of a tax exemption application; and
   55         6. May not have any unpaid fines or charges relating to the
   56  cited code violations. Payment of unpaid fines or charges before
   57  a final determination on a property’s qualification for an
   58  exemption under this section will not exclude such property from
   59  eligibility if the property otherwise complies with all other
   60  requirements for the exemption.
   61         (b) Qualified property may receive an ad valorem property
   62  tax exemption of:
   63         1. Up to 75 percent of the assessed value of each
   64  residential unit used to provide affordable housing if fewer
   65  than 100 percent of the multifamily project’s residential units
   66  are used to provide affordable housing meeting the requirements
   67  of this section.
   68         2. Up to 100 percent of the assessed value if 100 percent
   69  of the multifamily project’s residential units are used to
   70  provide affordable housing meeting the requirements of this
   71  section.
   72         3. Up to 100 percent of the assessed value of the accessory
   73  dwelling unit if the unit is used to provide affordable housing
   74  meeting the requirements of this section.
   75         (5) An ordinance adopted under this section must expire
   76  before the fourth January 1 after adoption; however, the board
   77  of county commissioners or the governing body of the
   78  municipality may adopt a new ordinance to renew the exemption.
   79  The board of county commissioners or the governing body of the
   80  municipality shall deliver a copy of an ordinance adopted under
   81  this section to the department and the property appraiser within
   82  10 days after its adoption. If the ordinance expires or is
   83  repealed, the board of county commissioners or the governing
   84  body of the municipality must notify the department and the
   85  property appraiser within 10 days after its expiration or
   86  repeal.
   87         Section 2. The amendments made by this act to s. 196.1979,
   88  Florida Statutes, first apply to the 2025 ad valorem tax roll.
   89         Section 3. This act shall take effect July 1, 2024.