Florida Senate - 2008 (Reformatted) SB 796
By Senator Bennett
21-02560-08 2008796__
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A bill to be entitled
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An act relating to affordable housing; amending s.
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193.017, F.S.; revising provisions providing for the
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assessment of property receiving the low-income housing
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tax credit; defining the term "community land trust";
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providing for the assessment of structural improvements on
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land owned by a community land trust and used to provide
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affordable housing; providing for the conveyance of
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structural improvements subject to certain conditions;
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specifying the criteria to be used in arriving at just
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valuation of a structural improvement; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 193.017, Florida Statutes, is amended to
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read:
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(Substantial rewording of section. See
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s. 193.017, F.S., for present text.)
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193.017 Assessment of structural improvements on land owned
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by a community land trust used to 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 located on specific parcels of land to provide
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affordable housing, which are identified by a legal description
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contained in and subject to a ground lease having a term of at
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least 99 years, to natural persons or families who meet the
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extremely-low, very-low, low, and moderate income limits
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specified in s. 420.0004, or the income limits for workforce
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housing, as defined in s. 420.5095(3). A community land trust
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shall retain a preemptive option to purchase any structural
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improvements on the land at a price determined by a formula
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specified in the ground lease which is designed to ensure that
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the structural improvements remain affordable.
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(3) In arriving at just valuation under s. 193.011, a
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structural improvement that provides affordable housing on land
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owned by a community land trust and subject to a 99-year or
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longer ground lease shall be assessed using the following
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criteria:
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(a) The amount a willing purchaser would pay a willing
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seller is limited to the amount determined by the formula in the
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ground lease.
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(b) 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 may be sold, is recorded in the official public
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records of the county in which the leased land is located, the
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recorded lease and any amendments and supplements, or the
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recorded memorandum, shall be deemed a land use regulation during
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the term of the lease as amended or supplemented.
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Section 2. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.