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Senator Garcia moved the following amendment:

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     Senate Amendment (with title amendment)

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     Delete line(s) 72-217

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and insert:

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     Section 1.  Section 193.018, Florida Statutes, is created to

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read:

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     193.018 Land owned by a community land trust used to

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provide affordable housing.--

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     (1) As used in this section, the term "community land

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trust" means a nonprofit entity that is qualified as charitable

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under s. 501(c)(3) of the Internal Revenue Code and has as one of

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its purposes the acquisition of land to be held in perpetuity for

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the primary purpose of providing affordable homeownership.

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     (2) A community land trust may convey structural

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improvements, condominium parcels, or cooperative parcels,

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located on specific parcels of land which are identified by a

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legal description contained in and subject to a ground lease

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having a term of at least 99 years, for the purpose of providing

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affordable housing to natural persons or families who meet the

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extremely low, very-low, low, or moderate income limits specified

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in s. 420.0004, or the income limits for workforce housing as

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specified in s. 420.5095(3). A community land trust shall retain

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a preemptive option to purchase any structural improvements,

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condominium parcels, or cooperative parcels on the land at a

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price determined by a formula specified in the ground lease

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designed to ensure that such structural improvements, condominium

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parcels, or cooperative parcels remain affordable.

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     (3) In arriving at just valuation under s. 193.011, a

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structural improvement, condominium parcel, or cooperative parcel

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providing affordable housing on land owned by a community land

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trust, and the land owned by a community land trust that is

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subject to a 99-year or longer ground lease, shall be assessed

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using the following criteria:

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     (a) The amount a willing purchaser would pay a willing

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seller for the land is limited to an amount commensurate with the

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terms of the ground lease which restricts the use of the land to

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the provision of affordable housing in perpetuity.

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     (b) The amount a willing purchaser would pay a willing

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seller for the resale-restricted improvements, condominium

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parcel, or cooperative parcel is limited to the amount determined

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by the formula in the ground lease.

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     (c) If the ground lease and all amendments and supplements

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thereto, or a memorandum documenting how such lease and

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amendments or supplements restrict the price at which the

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improvements, condominium parcel, or cooperative parcel may be

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sold, is recorded in the official public records of the county in

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which the leased land is located, the recorded lease and any

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amendments or supplements, or the recorded memorandum, shall be

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deemed a land use regulation during the term of the lease as

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amended or supplemented.

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     Section 2.  Subsection (5) is added to section 196.196,

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Florida Statutes, to read:

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     196.196  Determining whether property is entitled to

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charitable, religious, scientific, or literary exemption.--

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     (5) Property owned by an exempt organization qualified as

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charitable under s. 501(c)(3) of the Internal Revenue Code is

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used for a charitable purpose if the organization has taken

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affirmative steps to prepare the property to provide affordable

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housing to persons or families that meet the extremely-low-

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income, very-low-income, low-income, or moderate-income limits

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specified in s. 420.0004. For purposes of this subsection, the

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term "affirmative steps" means environmental or land use

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permitting activities, the creation of architectural plans or

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schematic drawings, land clearing or site preparation,

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construction or renovation activities, or other similar

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activities that demonstrate a commitment by the exempt entity to

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use of the property to provide affordable housing.

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     Section 3.  Section 196.1978, Florida Statutes, is amended

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to read:

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     196.1978  Affordable housing property exemption.--

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     (1) Property used to provide affordable housing serving

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eligible persons as defined by s. 159.603(7) and natural persons

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or families meeting the extremely-low-income, very-low-income,

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low-income, or moderate-income persons meeting income limits

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specified in s. 420.0004 s. 420.0004(8), (10), (11), and (15),

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which property is owned entirely by a nonprofit entity that is a

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corporation not for profit, qualified as charitable under s.

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501(c)(3) of the Internal Revenue Code, and in compliance with

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Rev. Proc. 96-32, 1996-1 C.B. 717, or a Florida-based limited

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partnership, the sole general partner of which is a corporation

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not for profit which is qualified as charitable under s.

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501(c)(3) of the Internal Revenue Code and which complies with

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Rev. Proc. 96-32, 1996-1 C.B. 717, shall be considered property

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owned by an exempt entity and used for a charitable purpose, and

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those portions of the affordable housing property which provide

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housing to natural persons or families classified as extremely-

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low income, very-low income, low-income, or moderate-income under

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s. 420.0004 individuals with incomes as defined in s.

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420.0004(10) and (15) shall be exempt from ad valorem taxation to

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the extent authorized in s. 196.196. All property identified in

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this section shall comply with the criteria for determination of

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exempt status to be applied by property appraisers on an annual

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basis as defined in s. 196.195. The Legislature intends that any

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property owned by a limited liability company or limited

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partnership which is disregarded as an entity for federal income

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tax purposes pursuant to Treasury Regulation 301.7701-3(b)(1)(ii)

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shall be treated as owned by its sole member or sole general

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partner.

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     (2) If property owned by an organization granted an

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exemption under s. 196.196(5) is transferred for a purpose other

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than directly providing affordable housing to persons or families

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who meet the extremely-low-income, very-low-income, low-income,

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or moderate-income limits, as specified in s. 420.0004, or is not

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actually used to provide affordable housing within 5 years after

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the date the organization is initially granted the exemption, the

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property appraiser making the determination shall serve upon the

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organization that illegally or improperly received the exemption

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a notice of intent to record in the public records of the county

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where the property is located a notice of tax lien against any

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property owned by that organization in the county, and such

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property shall be identified in the notice of tax lien. The

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organization owning such property is subject to the taxes

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otherwise due and owing as a result of the failure to use the

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property to provide affordable housing plus 15 percent interest

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per annum and a penalty of 50 percent of the taxes owed. The tax

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lien, when filed, attaches to any property identified in the

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notice of tax lien owned by the organization that illegally or

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improperly received the exemption. If the organization no longer

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owns property in the county but owns property in any other county

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in the state, the property appraiser shall record in each other

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county a notice of tax lien identifying the property owned by

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such organization in the county which shall become a tax lien

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against the identified property. If an exemption is improperly

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granted as a result of a clerical mistake or an omission by the

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property appraiser, the organization improperly receiving the

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exemption may not be assessed penalty and interest. Prior to the

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filing of a tax lien, the organization that received the written

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notice of intent must be given 30 days to pay the taxes,

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penalties, and interest. The 5-year limitation specified in this

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subsection may be extended provided the holder of the exemption

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continues to take affirmative steps to develop the property for

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the purposes specified in s. 196.196(5).

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     Section 4.  Paragraph (d) of subsection (2) of section

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212.055, Florida Statutes, is amended to read:

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     212.055  Discretionary sales surtaxes; legislative intent;

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authorization and use of proceeds.--It is the legislative intent

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that any authorization for imposition of a discretionary sales

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surtax shall be published in the Florida Statutes as a subsection

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of this section, irrespective of the duration of the levy. Each

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enactment shall specify the types of counties authorized to levy;

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the rate or rates which may be imposed; the maximum length of

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time the surtax may be imposed, if any; the procedure which must

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be followed to secure voter approval, if required; the purpose

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for which the proceeds may be expended; and such other

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requirements as the Legislature may provide. Taxable transactions

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and administrative procedures shall be as provided in s. 212.054.

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     (2)  LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.--

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     (d)1. The proceeds of the surtax authorized by this

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subsection and any accrued interest accrued thereto shall be

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expended by the school district, or within the county and

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municipalities within the county, or, in the case of a negotiated

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joint county agreement, within another county, to finance, plan,

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and construct infrastructure; and to acquire land for public

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recreation, or conservation, or protection of natural resources;

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or and to finance the closure of county-owned or municipally

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owned solid waste landfills that have been are already closed or

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are required to be closed close by order of the Department of

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Environmental Protection. Any use of the such proceeds or

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interest for purposes of landfill closure before prior to July 1,

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1993, is ratified. Neither The proceeds and nor any interest may

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not accrued thereto shall be used for the operational expenses of

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any infrastructure, except that a any county that has with a

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population of fewer less than 75,000 and that is required to

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close a landfill by order of the Department of Environmental

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Protection may use the proceeds or any interest accrued thereto

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for long-term maintenance costs associated with landfill closure.

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Counties, as defined in s. 125.011 s. 125.011(1), and charter

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counties may, in addition, use the proceeds or and any interest

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accrued thereto to retire or service indebtedness incurred for

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bonds issued before prior to July 1, 1987, for infrastructure

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purposes, and for bonds subsequently issued to refund such bonds.

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Any use of the such proceeds or interest for purposes of retiring

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or servicing indebtedness incurred for such refunding bonds

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before prior to July 1, 1999, is ratified.

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     1.2. For the purposes of this paragraph, the term

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"infrastructure" means:

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     a.  Any fixed capital expenditure or fixed capital outlay

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associated with the construction, reconstruction, or improvement

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of public facilities that have a life expectancy of 5 or more

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years and any related land acquisition, land improvement, design,

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and engineering costs related thereto.

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     b.  A fire department vehicle, an emergency medical service

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vehicle, a sheriff's office vehicle, a police department vehicle,

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or any other vehicle, and the such equipment necessary to outfit

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the vehicle for its official use or equipment that has a life

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expectancy of at least 5 years.

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     c.  Any expenditure for the construction, lease, or

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maintenance of, or provision of utilities or security for,

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facilities, as defined in s. 29.008.

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     d.  Any fixed capital expenditure or fixed capital outlay

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associated with the improvement of private facilities that have a

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life expectancy of 5 or more years and that the owner agrees to

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make available for use on a temporary basis as needed by a local

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government as a public emergency shelter or a staging area for

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emergency response equipment during an emergency officially

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declared by the state or by the local government under s. 252.38.

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Such improvements under this sub-subparagraph are limited to

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those necessary to comply with current standards for public

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emergency evacuation shelters. The owner must shall enter into a

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written contract with the local government providing the

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improvement funding to make the such private facility available

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to the public for purposes of emergency shelter at no cost to the

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local government for a minimum period of 10 years after

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completion of the improvement, with the provision that the such

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obligation will transfer to any subsequent owner until the end of

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the minimum period.

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     e. Any land acquisition expenditure for a residential

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housing project in which at least 30 percent of the units are

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affordable to individuals or families whose total annual

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household income does not exceed 120 percent of the area median

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income adjusted for household size, if the land is owned by a

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local government or by a special district that enters into a

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written agreement with the local government to provide such

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housing. The local government or special district may enter into

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a ground lease with a public or private person or entity for

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nominal or other consideration for the construction of the

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residential housing project on land acquired pursuant to this

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sub-subparagraph.

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     2.3. Notwithstanding any other provision of this

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subsection, a local government infrastructure discretionary sales

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surtax imposed or extended after July 1, 1998, the effective date

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of this act may allocate up to provide for an amount not to

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exceed 15 percent of the local option sales surtax proceeds to be

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allocated for deposit in to a trust fund within the county's

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accounts created for the purpose of funding economic development

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projects having of a general public purpose of improving targeted

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to improve local economies, including the funding of operational

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costs and incentives related to such economic development. The

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ballot statement must indicate the intention to make an

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allocation under the authority of this subparagraph.

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     Section 5.  Present subsections (25) through (41) of section

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420.503, Florida Statutes, are redesignated as subsections (26)

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through (42), respectively, and a new subsection (25) is added to

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that section, to read:

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     420.503  Definitions.--As used in this part, the term:

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     (25) "Moderate rehabilitation" means repair or restoration

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of a dwelling unit when the value of such repair or restoration

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is 40 percent or less of the value of the dwelling unit but not

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less than $10,000.

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     Section 6.  Paragraph (l) of subsection (6) of section

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420.5087, Florida Statutes, is amended to read:

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     420.5087  State Apartment Incentive Loan Program.--There is

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hereby created the State Apartment Incentive Loan Program for the

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purpose of providing first, second, or other subordinated

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mortgage loans or loan guarantees to sponsors, including for-

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profit, nonprofit, and public entities, to provide housing

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affordable to very-low-income persons.

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     (6)  On all state apartment incentive loans, except loans

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made to housing communities for the elderly to provide for

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lifesafety, building preservation, health, sanitation, or

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security-related repairs or improvements, the following

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provisions shall apply:

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     (l)  The proceeds of all loans shall be used for new

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construction, moderate rehabilitation, or substantial

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rehabilitation that which creates or preserves affordable, safe,

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and sanitary housing units.

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     Section 7.  Subsection (17) is added to section 420.5095,

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Florida Statutes, to read:

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     420.5095  Community Workforce Housing Innovation Pilot

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Program.--

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     (17) Funds appropriated by s. 33, chapter 2006-69, Laws of

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Florida, which were awarded but have been declined or returned,

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shall be made available for projects that otherwise comply with

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this section and are created to provide workforce housing for

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teachers and instructional personnel employed by the school

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district in the county in which the project is located.

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     (a) Projects shall be given priority for funding if:

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     1. The school district provides the property for the

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project pursuant to s. 1001.43;

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     2. The public-private partnership includes the school

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district and a national nonprofit organization to provide

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financial support, technical assistance, and training for

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community-based revitalization efforts; or

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     3. The project is located in a county in which a project

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selected for funding under this section did not go forward.

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     (b) Projects shall be selected for funding by requests for

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proposals.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Between line(s) 2-3

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insert:

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193.018, F.S.; providing for the assessment of property

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receiving the low-income housing tax credit; defining the

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term "community land trust"; providing for the assessment

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of structural improvements, condominium parcels, and

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cooperative parcels on land owned by a community land

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trust and used to provide affordable housing; providing

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for the conveyance of structural improvements, condominium

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parcels, and cooperative parcels subject to certain

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conditions; specifying the criteria to be used in arriving

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at just valuation of a structural improvement, condominium

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parcel, or cooperative parcel; amending s.

4/29/2008  7:27:00 AM     CA.40.08933