Florida Senate - 2022                             CS for SB 1150
       
       
        
       By the Committee on Community Affairs; and Senator Rodriguez
       
       
       
       
       
       578-02093-22                                          20221150c1
    1                        A bill to be entitled                      
    2         An act relating to taxation of affordable housing;
    3         creating s. 196.1979, F.S.; authorizing counties and
    4         municipalities to adopt ordinances to grant partial ad
    5         valorem tax exemptions to property owners whose
    6         properties are used to provide affordable housing;
    7         providing construction; specifying requirements for
    8         eligibility for such exemptions; specifying limits on
    9         the amount of such exemptions; defining the term
   10         “affordable”; specifying requirements for ordinances
   11         granting such exemptions; specifying duties of boards
   12         of county commissioners and municipal governing
   13         authorities adopting ordinances granting such
   14         exemptions; specifying duties for property appraisers;
   15         requiring property owners improperly granted such
   16         exemptions to pay owed taxes, penalties, and interest;
   17         exempting owners from payment of penalties or interest
   18         under certain circumstances; providing construction;
   19         providing applicability; providing an effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Section 196.1979, Florida Statutes, is created
   24  to read:
   25         196.1979 County and municipal affordable housing property
   26  exemption.—
   27         (1)(a) Notwithstanding ss. 196.195 and 196.196, the board
   28  of county commissioners of a county or the governing authority
   29  of a municipality may adopt an ordinance to grant a partial
   30  exemption to property used to provide affordable housing to
   31  natural persons or families meeting the extremely-low-income,
   32  very-low-income, low-income, or moderate-income limits specified
   33  in s. 420.0004. Such property is considered property used for a
   34  charitable purpose. To be eligible for the exemption, the
   35  property must be within a multifamily project containing 50 or
   36  more residential units, at least 10 percent of which are used to
   37  provide affordable housing meeting the requirements of this
   38  subsection and be subject to a recorded land use restriction
   39  agreement in favor of the Florida Housing Finance Corporation or
   40  any other governmental or quasi-governmental jurisdiction which
   41  requires that any units qualifying for the exemption be used for
   42  providing affordable housing. Except as provided in paragraph
   43  (b), eligible property may receive an ad valorem property tax
   44  exemption of up to 75 percent of the assessed value of the
   45  residential units used to provide affordable housing. For
   46  purposes of this subsection, the term “affordable” has the same
   47  meaning as in s. 420.0004.
   48         (b) Property eligible for the exemption pursuant to
   49  paragraph (a) may receive an exemption of up to 100 percent of
   50  the assessed value if 100 percent of the multifamily project’s
   51  residential units are used to provide affordable housing.
   52         (2) An ordinance granting the exemption authorized by this
   53  section must:
   54         (a)Be adopted under the procedures for adoption of a
   55  nonemergency ordinance by a board of county commissioners
   56  specified in chapter 125 or by a municipal governing authority
   57  specified in chapter 166.
   58         (b)Require that a taxpayer claiming the exemption submit
   59  an application to the property appraiser no later than March 1
   60  of each year. The annual application must be accompanied by an
   61  affidavit from the taxpayer certifying that the taxpayer has
   62  verified that, at the time of application, each person or family
   63  occupying an exempt residential unit meets the household income
   64  limitations specified in this section.
   65         (c)Specify that the exemption applies only to taxes levied
   66  by the unit of government granting the exemption.
   67         (d)Specify that the property may not receive an exemption
   68  authorized by this section after the expiration or repeal of the
   69  ordinance.
   70         (e)Identify the percentage of the assessed value that may
   71  be exempted, subject to the percentage limitations in paragraphs
   72  (1)(a) and (b).
   73         (3) The board of county commissioners or municipal
   74  governing authority must deliver a copy of any ordinance adopted
   75  under this section to the property appraiser no later than
   76  December 1 of the year before the year the exemption will take
   77  effect. If the ordinance is repealed, the board of county
   78  commissioners or municipal governing authority must notify the
   79  property appraiser no later than December 1 of the year before
   80  the year the exemption expires.
   81         (4) The property appraiser shall apply the exemption only
   82  to those portions of property which are used to provide
   83  affordable housing. Units that are vacant must be treated as
   84  portions of the affordable housing property exempt under this
   85  section if the use of the units is restricted to providing
   86  affordable housing to natural persons or families described in
   87  paragraph (1)(a) and a reasonable effort is made to lease the
   88  units to qualifying persons or families.
   89         (5) If the property appraiser determines that for any year
   90  during the immediately previous 10 years a person who was not
   91  entitled to an exemption under this section was granted such an
   92  exemption, the property appraiser must serve upon the owner a
   93  notice of intent to record in the public records of the county a
   94  notice of tax lien against any property owned by that person in
   95  the county, and that property must be identified in the notice
   96  of tax lien. Any property owned by the taxpayer and situated in
   97  this state is subject to the taxes exempted by the improper
   98  exemption, plus a penalty of 50 percent of the unpaid taxes for
   99  each year and interest at a rate of 15 percent per annum. If an
  100  exemption is improperly granted as a result of a clerical
  101  mistake or an omission by the property appraiser, the property
  102  owner improperly receiving the exemption may not be assessed a
  103  penalty or interest.
  104         (6)No eligibility criteria other than those specified in
  105  paragraph (1)(a) may be applied in determining whether a
  106  property qualifies for an exemption under this section.
  107         Section 2. The creation by this act of s. 196.1979, Florida
  108  Statutes, first applies to the 2023 tax roll.
  109         Section 3. This act shall take effect July 1, 2022.