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.