Florida Senate - 2008 (Reformatted) SB 796

By Senator Bennett

21-02560-08 2008796__

1

A bill to be entitled

2

An act relating to affordable housing; amending s.

3

193.017, F.S.; revising provisions providing for the

4

assessment of property receiving the low-income housing

5

tax credit; defining the term "community land trust";

6

providing for the assessment of structural improvements on

7

land owned by a community land trust and used to provide

8

affordable housing; providing for the conveyance of

9

structural improvements subject to certain conditions;

10

specifying the criteria to be used in arriving at just

11

valuation of a structural improvement; providing an

12

effective date.

13

14

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

15

16

     Section 1.  Section 193.017, Florida Statutes, is amended to

17

read:

18

(Substantial rewording of section. See

19

s. 193.017, F.S., for present text.)

20

     193.017 Assessment of structural improvements on land owned

21

by a community land trust used to provide affordable housing.

22

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

23

trust" means a nonprofit entity that is qualified as charitable

24

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

25

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

26

the primary purpose of providing affordable homeownership.

27

     (2) A community land trust may convey structural

28

improvements located on specific parcels of land to provide

29

affordable housing, which are identified by a legal description

30

contained in and subject to a ground lease having a term of at

31

least 99 years, to natural persons or families who meet the

32

extremely-low, very-low, low, and moderate income limits

33

specified in s. 420.0004, or the income limits for workforce

34

housing, as defined in s. 420.5095(3). A community land trust

35

shall retain a preemptive option to purchase any structural

36

improvements on the land at a price determined by a formula

37

specified in the ground lease which is designed to ensure that

38

the structural improvements remain affordable.

39

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

40

structural improvement that provides affordable housing on land

41

owned by a community land trust and subject to a 99-year or

42

longer ground lease shall be assessed using the following

43

criteria:

44

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

45

seller is limited to the amount determined by the formula in the

46

ground lease.

47

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

48

thereto, or a memorandum documenting how such lease and

49

amendments or supplements restrict the price at which the

50

improvements may be sold, is recorded in the official public

51

records of the county in which the leased land is located, the

52

recorded lease and any amendments and supplements, or the

53

recorded memorandum, shall be deemed a land use regulation during

54

the term of the lease as amended or supplemented.

55

     Section 2.  This act shall take effect July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.