Florida Senate - 2019 CS for SB 568 By the Committee on Community Affairs; and Senators Diaz and Pizzo 578-02968-19 2019568c1 1 A bill to be entitled 2 An act relating to the assessment of property; 3 creating s. 193.019, F.S.; authorizing counties and 4 municipalities to enter into agreements with property 5 owners to record certain restrictive covenants running 6 with the land; authorizing property owners and the 7 county or municipality to amend the covenant under 8 certain circumstances; providing requirements for 9 counties and municipalities in recording covenants and 10 in providing property appraisers with a list of 11 agreements; requiring property appraisers to consider 12 the terms of covenants in arriving at just value; 13 providing construction; amending s. 196.183, F.S.; 14 revising a condition under which a property owner may 15 qualify for the tangible personal property exemption 16 without filing an initial return; providing an 17 effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1. Section 193.019, Florida Statutes, is created to 22 read: 23 193.019 Assessment of property with restrictive covenants.— 24 (1)(a) A county or municipality may enter into an agreement 25 with a property owner which authorizes the county or 26 municipality to record with the clerk of court a restrictive 27 covenant running with the land for a term of at least 20 years 28 and stating that the property will be used to provide affordable 29 housing to extremely-low-income, very-low-income, low-income, or 30 moderate-income persons as defined in s. 420.0004 or provide 31 workforce housing as defined in s. 420.5095(3). The covenant may 32 contain resale restrictions. 33 (b) A property owner and the county or municipality may 34 agree to amend, supplement, or attach an addendum to the 35 recorded covenant, so long as the amendment, supplement, or 36 addendum does not significantly alter the intent of the original 37 covenant. 38 (2) Each restrictive covenant entered into pursuant to this 39 section must be recorded in the public records of the county 40 where the property is located. Each county or municipality that 41 enters into an agreement with a property owner shall provide the 42 property appraiser with a list of all agreements entered into 43 for the calendar year no later than December 1 of the year 44 before the year in which the revised assessment will take 45 effect. 46 (3) In addition to considering the factors listed in s. 47 193.011 in arriving at just value, the property appraiser shall 48 consider each property with a restrictive covenant entered into 49 pursuant to this section in accordance with the terms of the 50 covenant, including any recorded amendment, supplement, or 51 addendum to, or resale restriction in, the covenant. 52 (4) Each covenant entered into pursuant to this section, 53 including any amendment, supplement, or addendum to the 54 covenant, or resale restriction therein, which is recorded in 55 the official public records of the county in which the land is 56 located is deemed a land use regulation during the term of the 57 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.