Senate Bill sb1466

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    Florida Senate - 2007                                  SB 1466

    By Senator Margolis





    35-1015-07

  1                      A bill to be entitled

  2         An act relating to affordable housing;

  3         authorizing a county commission or municipality

  4         to adopt an ordinance providing for the

  5         deferral of ad valorem taxes for affordable

  6         rental housing under certain conditions;

  7         providing specifications for such ordinances;

  8         providing eligibility requirements; authorizing

  9         a property owner to defer payment of ad valorem

10         taxes and certain assessments; providing

11         circumstances in which taxes may not be

12         deferred; specifying the rate for deferment;

13         providing that the taxes, assessments, and

14         interest deferred constitute a prior lien on

15         the property; providing an application process;

16         providing notice requirements for applications

17         that are not approved for deferment; providing

18         an appeals process; requiring applications for

19         deferral to contain a list of outstanding

20         liens; providing the date for calculating taxes

21         due and payable; requiring that an applicant

22         furnish proof of certain insurance coverage

23         under certain conditions; requiring the tax

24         collector to notify the property appraiser of

25         parcels for which taxes have been deferred;

26         requiring the property appraiser to notify the

27         tax collector of changes in ownership or use of

28         tax-deferred properties; providing requirements

29         for tax certificates for deferred payment;

30         providing the rate of interest; providing

31         circumstances in which tax deferral ceases;

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 1         requiring the property appraiser to notify the

 2         tax collector of tax deferrals that have

 3         ceased; requiring the tax collector to collect

 4         taxes and interest due; requiring the tax

 5         collector to notify the property owner of due

 6         taxes on tax-deferred property under certain

 7         conditions; requiring the tax collector to sell

 8         a tax certificate under certain circumstances;

 9         specifying persons who may pay deferred taxes

10         and accrued interest; requiring the tax

11         collector to maintain a record of payment of

12         taxes and to distribute payments; providing for

13         construction of provisions authorizing the tax

14         deferments; providing penalties; providing an

15         effective date.

16  

17  Be It Enacted by the Legislature of the State of Florida:

18  

19         Section 1.  (1)  AD VALOREM TAX DEFERRAL FOR PROPERTIES

20  PROVIDING AFFORDABLE RENTAL HOUSING.--

21         (a)  The board of county commissioners of any county or

22  the governing authority of any municipality may adopt an

23  ordinance to allow for ad valorem tax deferrals for affordable

24  rental housing if the owners are engaging in the operation,

25  rehabilitation, or renovation of such properties in accordance

26  with guidelines established in this section.

27         (b)  The board of county commissioners or the governing

28  authority of a municipality may also, by ordinance, authorize

29  the deferral of non-ad valorem assessments for affordable

30  rental housing.

31  

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 1         (c)  The ordinance must designate the percentage or

 2  amount of the deferral and the type and location of affordable

 3  rental housing property for which a deferral may be granted.

 4  Such property may also be required to be located within a

 5  particular geographic area or areas of the county or

 6  municipality.

 7         (d)  The ordinance must specify that such a deferral

 8  applies only to taxes levied by the unit of government

 9  granting the deferral. A deferral may not be granted, however,

10  for taxes or non-ad valorem assessments, as defined in s.

11  197.3632(1)(d), Florida Statutes, levied for the payment of

12  bonds or for taxes authorized by a vote of the electors

13  pursuant to s. 9(b) or s. 12, Art. VII of the State

14  Constitution.

15         (e)  The ordinance must specify that any deferral

16  granted remains in effect regardless of any change in the

17  authority of the county or municipality to grant the deferral.

18  In order to retain the deferral, however, the use and

19  ownership of the property as affordable rental housing must be

20  maintained over the period for which the deferral is granted.

21         (f)1.  If an application for deferral is granted on

22  property that is located in a community redevelopment area,

23  the amount of taxes eligible for deferral shall be reduced, as

24  provided for in subparagraph 2., if:

25         a.  The community redevelopment agency has previously

26  issued instruments of indebtedness which are secured by

27  increment revenues on deposit in the community redevelopment

28  trust fund; and

29         b.  Those instruments of indebtedness are associated

30  with the real property applying for the deferral.

31  

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 1         2.  If subparagraph 1. applies, the tax deferral does

 2  not apply to an amount of taxes equal to the amount that must

 3  be deposited into the community redevelopment trust fund by

 4  the entity granting the deferral based upon the taxable value

 5  of the property upon which the deferral is being granted. Once

 6  all instruments of indebtedness that existed at the time the

 7  deferral was originally granted are no longer outstanding or

 8  have otherwise been defeased, this subparagraph no longer

 9  applies.

10         3.  If a portion of the taxes on a property were not

11  eligible for deferral because of subparagraph 2., the

12  community redevelopment agency shall notify the property owner

13  and the tax collector 1 year before the debt instruments that

14  prevented such taxes from being deferred are no longer

15  outstanding or otherwise defeased.

16         4.  The tax collector shall notify a community

17  redevelopment agency of any tax deferral that has been granted

18  on property located within the community redevelopment area of

19  that agency.

20         5.  Issuance of debt obligation after the date a

21  deferral has been granted does not reduce the amount of taxes

22  eligible for deferral.

23         (2)  ELIGIBILITY.--The tax deferral authorized by this

24  section is applicable only on a prorata basis to the ad

25  valorem taxes levied on the following residential units within

26  a property which meet the conditions in paragraphs (a) and

27  (b):

28         (a)  Units for which the monthly rent along with taxes,

29  insurance, and utilities do not exceed 30 percent of that

30  amount representing the percentage of the median adjusted

31  

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 1  gross annual income as defined in s. 420.0004(2), Florida

 2  Statutes, for the households as indicated in paragraph (b).

 3         (b)  Units that are occupied by extremely-low-income

 4  persons as defined in s. 420.0004(8), Florida Statutes,

 5  very-low-income persons as defined in s. 420.0004(15), Florida

 6  Statutes, low-income persons as defined in s. 420.0004(10),

 7  Florida Statutes, or moderate-income persons as defined in s.

 8  420.0004(11), Florida Statutes.

 9         (3)  TAX DEFERRAL FOR AFFORDABLE RENTAL HOUSING

10  PROPERTIES.--

11         (a)  Any property owner in a jurisdiction that has

12  adopted a tax-deferral ordinance pursuant to subsection (1)

13  which owns a qualified affordable rental housing property as

14  defined in subsection (2) may elect to defer payment of those

15  ad valorem taxes and non-ad valorem assessments designated in

16  the ordinance authorizing the deferral by filing an annual

17  application for tax deferral with the county tax collector on

18  or before January 31 following the year in which the taxes and

19  non-ad valorem assessments are assessed. The applicant has the

20  burden to affirmatively demonstrate compliance with the

21  requirements of this section.

22         (b)  Approval of an application for tax deferral defers

23  that portion of the combined total of ad valorem taxes and any

24  non-ad valorem assessments that are authorized to be deferred

25  by the ordinance authorizing the deferral.

26         (c)  Tax deferral may not be granted if:

27         1.  The total amount of deferred taxes, non-ad valorem

28  assessments, and interest plus the total amount of all other

29  unsatisfied liens on the property exceeds 85 percent of the

30  assessed value of the property; or

31  

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    Florida Senate - 2007                                  SB 1466
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 1         2.  The primary financing on the property is for an

 2  amount that exceeds 70 percent of the assessed value of the

 3  property.

 4         (d)  The amount of taxes, non-ad valorem assessments,

 5  and interest deferred shall accrue interest at a rate equal to

 6  the annually compounded rate of 3 percent plus the Consumer

 7  Price Index for All Urban Consumers; however, the interest

 8  rate may not exceed 9.5 percent.

 9         (e)  The taxes, non-ad valorem assessments, and

10  interest deferred pursuant to this section constitute a prior

11  lien and shall attach as of the date and in the same manner

12  and be collected as other liens for taxes, as provided for

13  under this chapter, but such deferred taxes, non-ad valorem

14  assessments, and interest are due, payable, and delinquent as

15  provided in ss. 197.303-197.3047, Florida Statutes.

16         (4)  TAX DEFERRAL FOR AFFORDABLE RENTAL HOUSING

17  PROPERTIES; APPLICATION.--

18         (a)  The application for deferral must be made annually

19  upon a form prescribed by the department and furnished by the

20  county tax collector. The application form must be signed upon

21  oath by the applicant before an officer authorized by the

22  state to administer oaths. The tax collector may require the

23  applicant to submit any other evidence and documentation as

24  considered necessary by the tax collector in considering the

25  application. The application form must provide notice to the

26  applicant of the manner in which interest is computed. Each

27  application form must contain an explanation of the conditions

28  to be met for approval and the conditions under which deferred

29  taxes and interest become due, payable, and delinquent. Each

30  application must clearly state that all deferrals pursuant to

31  this section constitute a lien on the applicant's property.

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    Florida Senate - 2007                                  SB 1466
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 1         (b)1. The tax collector shall consider and render his

 2  or her findings, determinations, and decision on each annual

 3  application for a tax deferral for affordable rental housing

 4  within 45 days after the date the application is filed. The

 5  tax collector shall exercise reasonable discretion based upon

 6  applicable information available under this section. The

 7  determinations and findings of the tax collector as provided

 8  for in this paragraph are not quasi judicial and are subject

 9  exclusively to review by the value adjustment board as

10  provided by this section. A tax collector who finds that the

11  applicant is entitled to the tax deferral shall approve the

12  application and file the application in the permanent records.

13  A tax collector who finds that the applicant is not entitled

14  to the deferral shall send a notice of disapproval within 45

15  days after the date the application is filed, giving reasons

16  for the disapproval to the applicant. The notice must be sent

17  by personal delivery or registered mail to the mailing address

18  given by the applicant in the manner in which the original

19  notice was served upon the applicant and must be filed among

20  the permanent records of the tax collector's office. The

21  original notice of disapproval sent to the applicant shall

22  advise the applicant of the right to appeal the decision of

23  the tax collector to the value adjustment board and inform the

24  applicant of the procedure for filing such an appeal.

25         2.  An appeal of the decision of the tax collector to

26  the value adjustment board must be in writing on a form

27  prescribed by the department and furnished by the tax

28  collector. The appeal must be filed with the value adjustment

29  board within 20 days after the applicant's receipt of the

30  notice of disapproval, and the board must approve or

31  disapprove the appeal within 30 days after receipt. The value

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 1  adjustment board shall review the application and the evidence

 2  presented to the tax collector upon which the applicant based

 3  his or her claim for tax deferral and, at the election of the

 4  applicant, shall hear the applicant in person, or by agent on

 5  the applicant's behalf, on his or her right to the tax

 6  deferral. The value adjustment board shall reverse the

 7  decision of the tax collector and grant a tax deferral to the

 8  applicant if, in its judgment, the applicant is entitled to

 9  the tax deferral or shall affirm the decision of the tax

10  collector. Action by the value adjustment board is final

11  unless the applicant or tax collector or other lienholder,

12  within 15 days after the date of disapproval of the

13  application by the board, files in the circuit court of the

14  county in which the property is located for a de novo

15  proceeding for a declaratory judgment or other appropriate

16  proceeding.

17         (c)  Each application must contain a list of, and the

18  current value of, all outstanding liens on the applicant's

19  property.

20         (d)  For approved applications, the date of receipt by

21  the tax collector of the application for tax deferral shall be

22  used in calculating taxes due and payable net of discounts for

23  early payment.

24         (e)  If such proof has not been furnished with a prior

25  application, each applicant shall furnish proof of fire and

26  extended coverage insurance in an amount that is in excess of

27  the sum of all outstanding liens and deferred taxes and

28  interest with a loss payable clause to the county tax

29  collector.

30  

31  

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 1         (f)  The tax collector shall notify the property

 2  appraiser in writing of those parcels for which taxes have

 3  been deferred.

 4         (g)  The property appraiser shall promptly notify the

 5  tax collector of changes in ownership or use of properties

 6  that have been granted a tax deferral.

 7         (5)  DEFERRED PAYMENT TAX CERTIFICATES.--

 8         (a)  The tax collector shall notify each local

 9  governing body of the amount of taxes and non-ad valorem

10  assessments deferred which would otherwise have been collected

11  for such governing body. The county shall, at the time of the

12  tax certificate sale held pursuant to s. 197.432, Florida

13  Statutes, strike each certificate off to the county.

14  Certificates issued pursuant to this section are exempt from

15  the public sale of tax certificates held pursuant to s.

16  197.432, Florida Statutes.

17         (b)  The certificates held by the county shall bear

18  interest at a rate equal to the annually compounded rate of 3

19  percent plus the Consumer Price Index for All Urban Consumers;

20  however, the interest rate may not exceed 9.5 percent.

21         (6)  CHANGE IN USE OR OWNERSHIP OF PROPERTY.--

22         (a)  If there is a change in use or ownership of the

23  tax-deferred property such that the owner is no longer

24  entitled to claim the property as an affordable rental housing

25  property, if there is a change in the legal or beneficial

26  ownership of the property, or if the owner fails to maintain

27  the required fire and extended insurance coverage, the total

28  amount of deferred taxes and interest for all previous years

29  becomes due and payable November 1 of the year in which the

30  change in use or ownership occurs or on the date failure to

31  maintain insurance occurs, and is delinquent on April 1 of the

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 1  year following the year in which the change in use or

 2  ownership or failure to maintain insurance occurs.

 3         (b)  Whenever the property appraiser discovers that

 4  there has been a change in the use or ownership of the

 5  property that has been granted a tax deferral, the property

 6  appraiser shall notify the tax collector in writing of the

 7  date such change occurs, and the tax collector shall collect

 8  any taxes and interest due or delinquent.

 9         (c)  During any year in which the total amount of

10  deferred taxes, interest, and all other unsatisfied liens on

11  the property exceeds 85 percent of the assessed value of the

12  property, the tax collector shall immediately notify the owner

13  of the property on which taxes and interest have been deferred

14  that the portion of taxes and interest which exceeds 85

15  percent of the assessed value of the property is due and

16  payable within 30 days after receipt of the notice. Failure to

17  pay the amount due shall cause the total amount of deferred

18  taxes and interest to become delinquent.

19         (d)  If deferred taxes become delinquent under this

20  section on or before June 1 following the date the taxes

21  become delinquent, the tax collector shall sell a tax

22  certificate for the delinquent taxes and interest in the

23  manner provided by s. 197.432, Florida Statutes.

24         (7)  PREPAYMENT OF DEFERRED TAXES.--All or part of the

25  deferred taxes and accrued interest may at any time be paid to

26  the tax collector by:

27         (a)  The owner of the property; or

28         (b)  The next of kin of the owner, heir of the owner,

29  child of the owner, or any person having or claiming a legal

30  or equitable interest in the property, if an objection is not

31  made by the owner within 30 days after the tax collector

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 1  notifies the owner of the fact that such payment has been

 2  tendered.

 3  

 4  Any partial payment made pursuant to this section shall be

 5  applied first to accrued interest.

 6         (8)  DISTRIBUTION OF PAYMENTS.--When any deferred taxes

 7  or interest is collected, the tax collector shall maintain a

 8  record of the payment, setting forth a description of the

 9  property and the amount of taxes or interest collected for the

10  property. The tax collector shall distribute payments received

11  in accordance with the procedures for distributing ad valorem

12  taxes or redemption moneys as prescribed in chapter 197,

13  Florida Statutes.

14         (9)  CONSTRUCTION.--This section does not prevent the

15  collection of personal property taxes that become a lien

16  against tax-deferred property, defer payment of special

17  assessments to benefited property other than those

18  specifically allowed to be deferred, or affect any provision

19  of any mortgage or other instrument relating to property

20  requiring a person to pay ad valorem taxes or non-ad valorem

21  assessments.

22         (10)  PENALTIES.--

23         (a)  The following penalties shall be imposed on any

24  person who willfully files information required under this

25  section which is incorrect:

26         1.  The person shall pay the total amount of taxes and

27  interest deferred. This amount shall immediately become due;

28         2.  The person shall be disqualified from filing a

29  tax-deferral application for the next 3 years; and

30         3.  The person shall pay a penalty of 25 percent of the

31  total amount of taxes and interest deferred.

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 1         (b)  Any person against whom the penalties prescribed

 2  in this section have been imposed may appeal the penalties

 3  imposed to the value adjustment board within 30 days after the

 4  penalties are imposed.

 5         Section 2.  This act shall take effect upon becoming a

 6  law.

 7  

 8            *****************************************

 9                          SENATE SUMMARY

10    Authorizes county commissions and municipalities to adopt
      tax deferral ordinances for affordable rental housing
11    properties under certain conditions. Provides
      specifications for such ordinances. Provides eligibility
12    requirements. Authorizes property owners to defer payment
      of ad valorem taxes and certain assessments. Provides
13    circumstances in which taxes may not be deferred.
      Provides that the taxes, assessments, and interest
14    deferred constitute a prior lien on the property.
      Provides an application process. Provides notice
15    requirements for applications that are not approved for
      deferment. Requires applications for deferral to contain
16    a list of outstanding liens. Requires applicants to
      furnish proof of certain insurance coverage under certain
17    conditions. Provides notification requirements. Provides
      requirements for tax certificates for deferred payment.
18    Provides circumstances in which tax deferral ceases.
      Requires the tax collector to collect taxes and interest
19    due. Requires the tax collector to sell a tax certificate
      under certain circumstances. Specifies persons who may
20    pay deferred taxes and accrued interest. Requires the tax
      collector to maintain a record of payment of taxes and to
21    distribute payments. Provides penalties.

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