Florida Senate - 2022 COMMITTEE AMENDMENT Bill No. SB 1150 Ì469878sÎ469878 LEGISLATIVE ACTION Senate . House Comm: RCS . 01/19/2022 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Community Affairs (Rodriguez) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 196.1979, Florida Statutes, is created 6 to read: 7 196.1979 County and municipal affordable housing property 8 exemption.— 9 (1)(a) Notwithstanding ss. 196.195 and 196.196, the board 10 of county commissioners of a county or the governing authority 11 of a municipality may adopt an ordinance to grant a partial 12 exemption to property used to provide affordable housing to 13 natural persons or families meeting the extremely-low-income, 14 very-low-income, low-income, or moderate-income limits specified 15 in s. 420.0004. Such property is considered property used for a 16 charitable purpose. To be eligible for the exemption, the 17 property must be within a multifamily project containing 50 or 18 more residential units, at least 10 percent of which are used to 19 provide affordable housing meeting the requirements of this 20 subsection and be subject to a recorded land use restriction 21 agreement in favor of the Florida Housing Finance Corporation or 22 any other governmental or quasi-governmental jurisdiction which 23 requires that any units qualifying for the exemption be used for 24 providing affordable housing. Except as provided in paragraph 25 (b), eligible property may receive an ad valorem property tax 26 exemption of up to 75 percent of the assessed value of the 27 residential units used to provide affordable housing. For 28 purposes of this subsection, the term “affordable” has the same 29 meaning as in s. 420.0004. 30 (b) Property eligible for the exemption pursuant to 31 paragraph (a) may receive an exemption of up to 100 percent of 32 the assessed value if 100 percent of the multifamily project’s 33 residential units are used to provide affordable housing. 34 (2) An ordinance granting the exemption authorized by this 35 section must: 36 (a) Be adopted under the procedures for adoption of a 37 nonemergency ordinance by a board of county commissioners 38 specified in chapter 125 or by a municipal governing authority 39 specified in chapter 166. 40 (b) Require that a taxpayer claiming the exemption submit 41 an application to the property appraiser no later than March 1 42 of each year. The annual application must be accompanied by an 43 affidavit from the taxpayer certifying that the taxpayer has 44 verified that, at the time of application, each person or family 45 occupying an exempt residential unit meets the household income 46 limitations specified in this section. 47 (c) Specify that the exemption applies only to taxes levied 48 by the unit of government granting the exemption. 49 (d) Specify that the property may not receive an exemption 50 authorized by this section after the expiration or repeal of the 51 ordinance. 52 (e) Identify the percentage of the assessed value that may 53 be exempted, subject to the percentage limitations in paragraphs 54 (1)(a) and (b). 55 (3) The board of county commissioners or municipal 56 governing authority must deliver a copy of any ordinance adopted 57 under this section to the property appraiser no later than 58 December 1 of the year before the year the exemption will take 59 effect. If the ordinance is repealed, the board of county 60 commissioners or municipal governing authority must notify the 61 property appraiser no later than December 1 of the year before 62 the year the exemption expires. 63 (4) The property appraiser shall apply the exemption only 64 to those portions of property which are used to provide 65 affordable housing. Units that are vacant must be treated as 66 portions of the affordable housing property exempt under this 67 section if the use of the units is restricted to providing 68 affordable housing to natural persons or families described in 69 paragraph (1)(a) and a reasonable effort is made to lease the 70 units to qualifying persons or families. 71 (5) If the property appraiser determines that for any year 72 during the immediately previous 10 years a person who was not 73 entitled to an exemption under this section was granted such an 74 exemption, the property appraiser must serve upon the owner a 75 notice of intent to record in the public records of the county a 76 notice of tax lien against any property owned by that person in 77 the county, and that property must be identified in the notice 78 of tax lien. Any property owned by the taxpayer and situated in 79 this state is subject to the taxes exempted by the improper 80 exemption, plus a penalty of 50 percent of the unpaid taxes for 81 each year and interest at a rate of 15 percent per annum. If an 82 exemption is improperly granted as a result of a clerical 83 mistake or an omission by the property appraiser, the property 84 owner improperly receiving the exemption may not be assessed a 85 penalty or interest. 86 (6) No eligibility criteria other than those specified in 87 paragraph (1)(a) may be applied in determining whether a 88 property qualifies for an exemption under this section. 89 Section 2. The creation by this act of s. 196.1979, Florida 90 Statutes, first applies to the 2023 tax roll. 91 Section 3. This act shall take effect July 1, 2022. 92 93 ================= T I T L E A M E N D M E N T ================ 94 And the title is amended as follows: 95 Delete everything before the enacting clause 96 and insert: 97 A bill to be entitled 98 An act relating to taxation of affordable housing; 99 creating s. 196.1979, F.S.; authorizing counties and 100 municipalities to adopt ordinances to grant partial ad 101 valorem tax exemptions to property owners whose 102 properties are used to provide affordable housing; 103 providing construction; specifying requirements for 104 eligibility for such exemptions; specifying limits on 105 the amount of such exemptions; defining the term 106 “affordable”; specifying requirements for ordinances 107 granting such exemptions; specifying duties of boards 108 of county commissioners and municipal governing 109 authorities adopting ordinances granting such 110 exemptions; specifying duties for property appraisers; 111 requiring property owners improperly granted such 112 exemptions to pay owed taxes, penalties, and interest; 113 exempting owners from payment of penalties or interest 114 under certain circumstances; providing construction; 115 providing applicability; providing an effective date.