Florida Senate - 2024                             CS for SB 1440
       
       
        
       By the Committee on Community Affairs; and Senator Calatayud
       
       
       
       
       
       578-02147-24                                          20241440c1
    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; providing
    7         applicability; providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Paragraphs (a) and (b) of subsection (1) of
   12  section 196.1979, Florida Statutes, are amended to read:
   13         196.1979 County and municipal affordable housing property
   14  exemption.—
   15         (1)(a) Notwithstanding ss. 196.195 and 196.196, the board
   16  of county commissioners of a county or the governing body of a
   17  municipality may adopt an ordinance to exempt those portions of
   18  property used to provide affordable housing meeting the
   19  requirements of this section. Such property is considered
   20  property used for a charitable purpose. To be eligible for the
   21  exemption, the portions of property:
   22         1. Must be used to house natural persons or families whose
   23  annual household income:
   24         a. Is greater than 30 percent but not more than 60 percent
   25  of the median annual adjusted gross income for households within
   26  the metropolitan statistical area or, if not within a
   27  metropolitan statistical area, within the county in which the
   28  person or family resides; or
   29         b. Does not exceed 30 percent of the median annual adjusted
   30  gross income for households within the metropolitan statistical
   31  area or, if not within a metropolitan statistical area, within
   32  the county in which the person or family resides;
   33         2.a. Must be within a multifamily project containing 50 or
   34  more residential units, at least 20 percent of which are used to
   35  provide affordable housing that meets the requirements of this
   36  section; or
   37         b.Must be an accessory dwelling unit as defined in s.
   38  163.31771(2)(a);
   39         3. Must be rented for an amount no greater than the amount
   40  as specified by the most recent multifamily rental programs
   41  income and rent limit chart posted by the corporation and
   42  derived from the Multifamily Tax Subsidy Projects Income Limits
   43  published by the United States Department of Housing and Urban
   44  Development or 90 percent of the fair market value rent as
   45  determined by a rental market study meeting the requirements of
   46  subsection (4), whichever is less;
   47         4. May not have been cited for code violations on three or
   48  more occasions in the 24 months before the submission of a tax
   49  exemption application;
   50         5. May not have any cited code violations that have not
   51  been properly remedied by the property owner before the
   52  submission of a tax exemption application; and
   53         6. May not have any unpaid fines or charges relating to the
   54  cited code violations. Payment of unpaid fines or charges before
   55  a final determination on a property’s qualification for an
   56  exemption under this section will not exclude such property from
   57  eligibility if the property otherwise complies with all other
   58  requirements for the exemption.
   59         (b) Qualified property may receive an ad valorem property
   60  tax exemption of:
   61         1. Up to 75 percent of the assessed value of each
   62  residential unit used to provide affordable housing if fewer
   63  than 100 percent of the multifamily project’s residential units
   64  are used to provide affordable housing meeting the requirements
   65  of this section.
   66         2. Up to 100 percent of the assessed value if 100 percent
   67  of the multifamily project’s residential units are used to
   68  provide affordable housing meeting the requirements of this
   69  section.
   70         3.Up to 100 percent of the assessed value of the accessory
   71  dwelling unit if the unit is used to provide affordable housing
   72  meeting the requirements of this section.
   73         Section 2. The amendments made by this act to s. 196.1979,
   74  Florida Statutes, first apply to the 2025 ad valorem tax roll.
   75         Section 3. This act shall take effect July 1, 2024.