1 | A bill to be entitled |
2 | An act relating to affordable housing; creating s. |
3 | 193.018, F.S.; providing for the assessment of property |
4 | receiving the low-income housing tax credit; defining the |
5 | term "community land trust"; providing for the assessment |
6 | of structural improvements, condominium parcels, and |
7 | cooperative parcels on land owned by a community land |
8 | trust and used to provide affordable housing; providing |
9 | for the conveyance of structural improvements, condominium |
10 | parcels, and cooperative parcels subject to certain |
11 | conditions; specifying the criteria to be used in arriving |
12 | at just valuation of a structural improvement, condominium |
13 | parcel, or cooperative parcel; providing an effective |
14 | date. |
15 |
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16 | Be It Enacted by the Legislature of the State of Florida: |
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18 | Section 1. Section 193.018, Florida Statutes, is created |
19 | to read: |
20 | 193.018 Land owned by a community land trust used to |
21 | provide affordable housing; assessment; structural improvements, |
22 | condominium parcels, and cooperative parcels.-- |
23 | (1) As used in this section, the term "community land |
24 | trust" means a nonprofit entity that is qualified as charitable |
25 | under s. 501(c)(3) of the Internal Revenue Code and has as one |
26 | of its purposes the acquisition of land to be held in perpetuity |
27 | for the primary purpose of providing affordable homeownership. |
28 | (2) A community land trust may convey structural |
29 | improvements, condominium parcels, or cooperative parcels, that |
30 | are located on specific parcels of land that are identified by a |
31 | legal description contained in and subject to a ground lease |
32 | having a term of at least 99 years, for the purpose of providing |
33 | affordable housing to natural persons or families who meet the |
34 | extremely-low, very-low, low, or moderate income limits |
35 | specified in s. 420.0004, or the income limits for workforce |
36 | housing, as defined in s. 420.5095(3). A community land trust |
37 | shall retain a preemptive option to purchase any structural |
38 | improvements, condominium parcels, or cooperative parcels on the |
39 | land at a price determined by a formula specified in the ground |
40 | lease which is designed to ensure that the structural |
41 | improvements, condominium parcels, or cooperative parcels remain |
42 | affordable. |
43 | (3) In arriving at just valuation under s. 193.011, a |
44 | structural improvement, condominium parcel, or cooperative |
45 | parcel providing affordable housing on land owned by a community |
46 | land trust, and the land owned by a community land trust that is |
47 | subject to a 99-year or longer ground lease, shall be assessed |
48 | using the following criteria: |
49 | (a) The amount a willing purchase would pay a willing |
50 | seller for the land is limited to an amount commensurate with |
51 | the terms of the ground lease that restricts the use of the land |
52 | to the provision of affordable housing in perpetuity. |
53 | (b) The amount a willing purchaser would pay a willing |
54 | seller for resale-restricted improvements, condominium parcels, |
55 | or cooperative parcels is limited to the amount determined by |
56 | the formula in the ground lease. |
57 | (c) If the ground lease and all amendments and supplements |
58 | thereto, or a memorandum documenting how such lease and |
59 | amendments or supplements restrict the price at which the |
60 | improvements, condominium parcels, or cooperative parcels may be |
61 | sold, is recorded in the official public records of the county |
62 | in which the leased land is located, the recorded lease and any |
63 | amendments and supplements, or the recorded memorandum, shall be |
64 | deemed a land use regulation during the term of the lease as |
65 | amended or supplemented. |
66 | Section 2. This act shall take effect July 1, 2009. |