Florida Senate - 2019 SB 568 By Senator Diaz 36-01147-19 2019568__ 1 A bill to be entitled 2 An act relating to the assessment of property; 3 creating s. 193.019, F.S.; authorizing local 4 governments to enter into agreements with certain 5 property owners to authorize the local governments to 6 record specified restrictive covenants related to 7 affordable housing; authorizing such covenants to 8 contain resale restrictions and to be amended or 9 supplemented under certain circumstances; specifying 10 where such covenants must be recorded; requiring such 11 local governments to provide property appraisers with 12 a certain list by a certain date; requiring property 13 appraisers to consider such restrictive covenants in 14 arriving at the just value of such properties; 15 specifying that such restrictive covenants and the 16 changes and updates to and resale restrictions in the 17 covenants are deemed a land use regulation; amending 18 s. 196.183, F.S.; revising the requirements that allow 19 property appraisers to exempt certain property from 20 the tangible personal property tax; providing an 21 effective date. 22 23 Be It Enacted by the Legislature of the State of Florida: 24 25 Section 1. Section 193.019, Florida Statutes, is created to 26 read: 27 193.019 Assessment of property with restrictive covenants.— 28 (1)(a) A local government may enter into an agreement with 29 a property owner which authorizes the local government to record 30 with the clerk of court a restrictive covenant running with the 31 land for a term of at least 20 years stating that the property 32 will be used to provide affordable housing to extremely-low 33 income, very-low-income, low-income, or moderate-income persons 34 as defined in s. 420.0004 or workforce housing as defined in s. 35 420.5095(3). The covenant may contain resale restrictions. 36 (b) A property owner and the local government may agree to 37 amend, supplement, or attach an addendum to the recorded 38 covenant so long as the amendment, supplement, or addendum does 39 not significantly alter the intent of the original covenant. 40 (2) Each restrictive covenant shall be recorded in the 41 public records of the county where the property is located. Each 42 local government that enters into an agreement with a property 43 owner shall provide the property appraiser with a list of all 44 agreements entered into for the calendar year no later than 45 December 1 of the year before the year in which the revised 46 assessment will take effect. 47 (3) In addition to considering the factors listed in s. 48 193.011 in arriving at just value, the property appraiser shall 49 consider each property with a restrictive covenant in accordance 50 with the terms of the covenant, including any recorded 51 amendment, supplement, or addendum to, or resale restriction in, 52 the covenant. 53 (4) Each covenant, including any amendment, supplement, or 54 addendum to, or resale restriction in, the covenant, which is 55 recorded in the official public records of the county in which 56 the land is located is deemed a land use regulation during the 57 term of the covenant. 58 Section 2. Subsection (4) of section 196.183, Florida 59 Statutes, is amended to read: 60 196.183 Exemption for tangible personal property.— 61 (4) Owners of property
previouslyassessed by the property 62 appraiser without a return being filed may, at the option of the 63 property appraiser, qualify for the exemption under this section 64 without filing an initial return. 65 Section 3. This act shall take effect July 1, 2019.