Florida Senate - 2019                                     SB 568
       
       
        
       By Senator Diaz
       
       
       
       
       
       36-01147-19                                            2019568__
    1                        A bill to be entitled                      
    2         An act relating to the assessment of property;
    3         creating s. 193.019, F.S.; authorizing local
    4         governments to enter into agreements with certain
    5         property owners to authorize the local governments to
    6         record specified restrictive covenants related to
    7         affordable housing; authorizing such covenants to
    8         contain resale restrictions and to be amended or
    9         supplemented under certain circumstances; specifying
   10         where such covenants must be recorded; requiring such
   11         local governments to provide property appraisers with
   12         a certain list by a certain date; requiring property
   13         appraisers to consider such restrictive covenants in
   14         arriving at the just value of such properties;
   15         specifying that such restrictive covenants and the
   16         changes and updates to and resale restrictions in the
   17         covenants are deemed a land use regulation; amending
   18         s. 196.183, F.S.; revising the requirements that allow
   19         property appraisers to exempt certain property from
   20         the tangible personal property tax; providing an
   21         effective date.
   22          
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Section 193.019, Florida Statutes, is created to
   26  read:
   27         193.019 Assessment of property with restrictive covenants.—
   28         (1)(a) A local government may enter into an agreement with
   29  a property owner which authorizes the local government to record
   30  with the clerk of court a restrictive covenant running with the
   31  land for a term of at least 20 years stating that the property
   32  will be used to provide affordable housing to extremely-low
   33  income, very-low-income, low-income, or moderate-income persons
   34  as defined in s. 420.0004 or workforce housing as defined in s.
   35  420.5095(3). The covenant may contain resale restrictions.
   36         (b) A property owner and the local government may agree to
   37  amend, supplement, or attach an addendum to the recorded
   38  covenant so long as the amendment, supplement, or addendum does
   39  not significantly alter the intent of the original covenant.
   40         (2) Each restrictive covenant shall be recorded in the
   41  public records of the county where the property is located. Each
   42  local government that enters into an agreement with a property
   43  owner shall provide the property appraiser with a list of all
   44  agreements entered into for the calendar year no later than
   45  December 1 of the year before the year in which the revised
   46  assessment will take effect.
   47         (3) In addition to considering the factors listed in s.
   48  193.011 in arriving at just value, the property appraiser shall
   49  consider each property with a restrictive covenant in accordance
   50  with the terms of the covenant, including any recorded
   51  amendment, supplement, or addendum to, or resale restriction in,
   52  the covenant.
   53         (4) Each covenant, including any amendment, supplement, or
   54  addendum to, or resale restriction in, the covenant, which is
   55  recorded in the official public records of the county in which
   56  the land is located is deemed a land use regulation during the
   57  term of the covenant.
   58         Section 2. Subsection (4) of section 196.183, Florida
   59  Statutes, is amended to read:
   60         196.183 Exemption for tangible personal property.—
   61         (4) Owners of property previously assessed by the property
   62  appraiser without a return being filed may, at the option of the
   63  property appraiser, qualify for the exemption under this section
   64  without filing an initial return.
   65         Section 3. This act shall take effect July 1, 2019.