Florida Senate - 2023                              CS for SB 102
       
       
        
       By the Committee on Appropriations; and Senators Calatayud,
       Rouson, Hooper, Osgood, and Rodriguez
       
       
       
       
       576-02172-23                                           2023102c1
    1                        A bill to be entitled                      
    2         An act relating to housing; providing a short title;
    3         amending s. 125.0103, F.S.; deleting the authority of
    4         local governments to adopt or maintain laws,
    5         ordinances, rules, or other measures that would have
    6         the effect of imposing controls on rents; amending s.
    7         125.01055, F.S.; revising applicability for areas of
    8         critical state concern; specifying requirements for,
    9         and restrictions on, counties in approving certain
   10         housing developments; providing for future expiration;
   11         amending s. 125.379, F.S.; revising the date by which
   12         counties must prepare inventory lists of real
   13         property; requiring counties to make the inventory
   14         lists publicly available on their websites;
   15         authorizing counties to use certain properties for
   16         affordable housing through a long-term land lease;
   17         revising requirements for counties relating to
   18         inventory lists of certain property for affordable
   19         housing; providing that counties are encouraged to
   20         adopt best practices for surplus land programs;
   21         amending s. 166.04151, F.S.; revising applicability
   22         for areas of critical state concern; specifying
   23         requirements for, and restrictions on, municipalities
   24         in approving applications for certain housing
   25         developments; providing for future expiration;
   26         amending s. 166.043, F.S.; deleting the authority of
   27         local governments to adopt or maintain laws,
   28         ordinances, rules, or other measures that would have
   29         the effect of imposing controls on rents; amending s.
   30         166.0451, F.S.; revising the date by which
   31         municipalities must prepare inventory lists of real
   32         property; requiring municipalities to make the
   33         inventory lists publicly available on their websites;
   34         authorizing municipalities to use certain properties
   35         for affordable housing through a long-term land lease;
   36         revising requirements for municipalities relating to
   37         inventory lists of certain property for affordable
   38         housing; providing that municipalities are encouraged
   39         to adopt best practices for surplus land programs;
   40         amending s. 196.1978, F.S.; providing an exemption
   41         from ad valorem taxation for land that meets certain
   42         criteria; providing applicability; providing for
   43         future repeal; defining terms; providing an ad valorem
   44         tax exemption for portions of property in a
   45         multifamily project if certain conditions are met;
   46         providing that vacant units may be eligible for the
   47         exemption under certain circumstances; specifying
   48         percentages of the exemption for qualified properties;
   49         specifying requirements for applying for the exemption
   50         with the property appraiser; specifying requirements
   51         for requesting certification from the Florida Housing
   52         Finance Corporation; specifying requirements for the
   53         corporation in reviewing requests, certifying
   54         property, and posting deadlines for applications;
   55         specifying requirements for property appraisers in
   56         reviewing and granting exemptions and for improperly
   57         granted exemptions; providing a penalty; providing
   58         limitations on eligibility; specifying requirements
   59         for a rental market study; authorizing the corporation
   60         to adopt rules; providing applicability; providing for
   61         future repeal; creating s. 196.1979, F.S.; authorizing
   62         local governments to adopt ordinances to provide an ad
   63         valorem tax exemption for portions of property used to
   64         provide affordable housing meeting certain
   65         requirements; specifying requirements and limitations
   66         for the exemption; providing that vacant units may be
   67         eligible for the exemption under certain
   68         circumstances; specifying requirements for ordinances
   69         granting an exemption; specifying requirements for a
   70         rental market study; providing that ordinances must
   71         expire within a certain timeframe; requiring the
   72         property appraiser to take certain action in response
   73         to an improperly granted exemption; providing a
   74         penalty; providing applicability; amending s. 201.15,
   75         F.S.; suspending, for a specified period, the General
   76         Revenue Fund service charge on documentary stamp tax
   77         collections; providing for specified amounts of such
   78         collections to be credited to the State Housing Trust
   79         Fund for certain purposes; providing for certain
   80         amounts to be credited to the General Revenue Fund
   81         under certain circumstances; prohibiting the transfer
   82         of such funds to the General Revenue Fund in the
   83         General Appropriations Act; providing for the future
   84         expiration and reversion of specified statutory text;
   85         amending s. 212.08, F.S.; revising the total amount of
   86         community contribution tax credits which may be
   87         granted for certain projects; defining terms;
   88         providing a sales tax exemption for building materials
   89         used in the construction of affordable housing units;
   90         defining terms; specifying eligibility requirements;
   91         specifying requirements for applying for a sales tax
   92         refund with the Department of Revenue; specifying
   93         requirements for and limitations on refunds; providing
   94         requirements for the department in issuing refunds;
   95         authorizing the department to adopt rules; providing
   96         applicability; amending s. 213.053, F.S.; authorizing
   97         the department to make certain information available
   98         to the corporation to administer the Live Local
   99         Program; creating s. 215.212, F.S.; prohibiting the
  100         deduction of the General Revenue Fund service charge
  101         on documentary stamp tax proceeds; providing for
  102         future repeal; amending s. 215.22, F.S.; conforming a
  103         provision to changes made by the act; providing for
  104         the future expiration and reversion of specified
  105         statutory text; amending s. 220.02, F.S.; specifying
  106         the order of application of Live Local Program tax
  107         credits against the state corporate income tax;
  108         amending s. 220.13, F.S.; specifying requirements for
  109         the addition to adjusted federal income of amounts
  110         taken as a credit under the Live Local Program;
  111         amending s. 220.183, F.S.; conforming a provision to
  112         changes made by the act; amending s. 220.186, F.S.;
  113         providing applicability of Live Local Program tax
  114         credits to the Florida alternative minimum tax credit;
  115         creating s. 220.1878, F.S.; providing a credit against
  116         the state corporate income tax under the Live Local
  117         Program; specifying requirements and procedures for
  118         making eligible contributions and claiming the credit;
  119         amending s. 220.222, F.S.; requiring returns filed in
  120         connection with the Live Local Program tax credits to
  121         include the amount of certain credits; amending s.
  122         253.034, F.S.; modifying requirements for the analysis
  123         included in land use plans; making technical changes;
  124         amending s. 253.0341, F.S.; requiring that local
  125         government requests for the state to surplus
  126         conservation or nonconservation lands for any means of
  127         transfer be expedited throughout the surplusing
  128         process; amending s. 288.101, F.S.; authorizing the
  129         Governor, under the Florida Job Growth Grant Fund, to
  130         approve state or local public infrastructure projects
  131         to facilitate the development or construction of
  132         affordable housing; providing for future repeal;
  133         amending s. 420.0003, F.S.; revising legislative
  134         intent for, and policies of, the state housing
  135         strategy; revising requirements for the implementation
  136         of the strategy; revising duties of the Shimberg
  137         Center for Housing Studies at the University of
  138         Florida; requiring the Office of Program Policy
  139         Analysis and Government Accountability to evaluate
  140         specified strategies, policies, and programs at
  141         specified intervals; specifying requirements for the
  142         office’s analyses; authorizing rule amendments;
  143         amending s. 420.503, F.S.; revising the definition of
  144         the term “qualified contract” for purposes of the
  145         Florida Housing Finance Corporation Act; amending s.
  146         420.504, F.S.; revising the composition of the
  147         corporation’s board of directors; providing
  148         specifications for filling vacancies on the board of
  149         directors; amending s. 420.507, F.S.; specifying a
  150         requirement for the corporation’s annual budget
  151         request to the Secretary of Economic Opportunity;
  152         providing for the future expiration and reversion of
  153         specified statutory text; amending s. 420.5087, F.S.;
  154         revising prioritization of funds for the State
  155         Apartment Incentive Loan Program; creating s.
  156         420.50871, F.S.; specifying requirements for, and
  157         authorized actions by, the corporation in allocating
  158         certain increased revenues during specified fiscal
  159         years to finance certain housing projects; providing
  160         construction; providing for future repeal; providing a
  161         directive to the Division of Law Revision; creating s.
  162         420.50872, F.S.; defining terms; creating the Live
  163         Local Program; specifying responsibilities of the
  164         corporation; specifying the annual tax credit cap;
  165         specifying requirements for applying for tax credits
  166         with the department; providing requirements for the
  167         carryforward of credits; specifying restrictions on,
  168         and requirements for, the conveyance, transfer, or
  169         assignment of credits; providing requirements and
  170         procedures for the rescindment of credits; specifying
  171         procedures for calculating underpayments and
  172         penalties; providing construction; authorizing the
  173         department and the corporation to develop a
  174         cooperative agreement; authorizing the department to
  175         adopt rules; requiring the department to annually
  176         notify certain taxpayers of certain information;
  177         creating s. 420.5096, F.S.; providing legislative
  178         findings; creating the Florida Hometown Hero Program
  179         for a specified purpose; authorizing the corporation
  180         to underwrite and make certain mortgage loans;
  181         specifying terms for such loans and requirements for
  182         borrowers; authorizing loans made under the program to
  183         be used for the purchase of certain manufactured
  184         homes; providing construction; amending s. 420.531,
  185         F.S.; authorizing the Florida Housing Corporation to
  186         contract with certain entities to provide technical
  187         assistance to local governments in establishing
  188         selection criteria for proposals to use certain
  189         property for affordable housing purposes; amending s.
  190         420.6075, F.S.; making technical changes; amending s.
  191         553.792, F.S.; requiring local governments to maintain
  192         on their websites a policy relating to the expedited
  193         processing of certain building permits and development
  194         orders; amending s. 624.509, F.S.; specifying the
  195         order of application of Live Local Program tax credits
  196         against the insurance premium tax; amending s.
  197         624.5105, F.S.; conforming a provision to changes made
  198         by the act; creating s. 624.51058, F.S.; providing a
  199         credit against the insurance premium tax under the
  200         Live Local Program; providing a requirement for making
  201         eligible contributions; providing construction;
  202         providing applicability; exempting a certain
  203         initiative from certain evacuation time constraints;
  204         specifying that certain comprehensive plan amendments
  205         are valid; authorizing certain local governments to
  206         adopt local ordinances or regulations for certain
  207         purposes; authorizing the department to adopt
  208         emergency rules; providing for future expiration of
  209         such rulemaking authority; providing appropriations;
  210         providing a declaration of important state interest;
  211         providing effective dates.
  212          
  213  Be It Enacted by the Legislature of the State of Florida:
  214  
  215         Section 1. This act may be cited as the “Live Local Act.”
  216         Section 2. Section 125.0103, Florida Statutes, is amended
  217  to read:
  218         125.0103 Ordinances and rules imposing price controls;
  219  findings required; procedures.—
  220         (1)(a) Except as hereinafter provided, a no county,
  221  municipality, or other entity of local government may not shall
  222  adopt or maintain in effect an ordinance or a rule that which
  223  has the effect of imposing price controls upon a lawful business
  224  activity that which is not franchised by, owned by, or under
  225  contract with, the governmental agency, unless specifically
  226  provided by general law.
  227         (b) This section does not prevent the enactment by local
  228  governments of public service rates otherwise authorized by law,
  229  including water, sewer, solid waste, public transportation,
  230  taxicab, or port rates, rates for towing of vehicles or vessels
  231  from or immobilization of vehicles or vessels on private
  232  property, or rates for removal and storage of wrecked or
  233  disabled vehicles or vessels from an accident scene or the
  234  removal and storage of vehicles or vessels in the event the
  235  owner or operator is incapacitated, unavailable, leaves the
  236  procurement of wrecker service to the law enforcement officer at
  237  the scene, or otherwise does not consent to the removal of the
  238  vehicle or vessel.
  239         (c) Counties must establish maximum rates which may be
  240  charged on the towing of vehicles or vessels from or
  241  immobilization of vehicles or vessels on private property,
  242  removal and storage of wrecked or disabled vehicles or vessels
  243  from an accident scene or for the removal and storage of
  244  vehicles or vessels, in the event the owner or operator is
  245  incapacitated, unavailable, leaves the procurement of wrecker
  246  service to the law enforcement officer at the scene, or
  247  otherwise does not consent to the removal of the vehicle or
  248  vessel. However, if a municipality chooses to enact an ordinance
  249  establishing the maximum rates for the towing or immobilization
  250  of vehicles or vessels as described in paragraph (b), the
  251  county’s ordinance does shall not apply within such
  252  municipality.
  253         (2) No law, ordinance, rule, or other measure which would
  254  have the effect of imposing controls on rents shall be adopted
  255  or maintained in effect except as provided herein and unless it
  256  is found and determined, as hereinafter provided, that such
  257  controls are necessary and proper to eliminate an existing
  258  housing emergency which is so grave as to constitute a serious
  259  menace to the general public.
  260         (3) Any law, ordinance, rule, or other measure which has
  261  the effect of imposing controls on rents shall terminate and
  262  expire within 1 year and shall not be extended or renewed except
  263  by the adoption of a new measure meeting all the requirements of
  264  this section.
  265         (4) Notwithstanding any other provisions of this section,
  266  no controls shall be imposed on rents for any accommodation used
  267  or offered for residential purposes as a seasonal or tourist
  268  unit, as a second housing unit, or on rents for dwelling units
  269  located in luxury apartment buildings. For the purposes of this
  270  section, a luxury apartment building is one wherein on January
  271  1, 1977, the aggregate rent due on a monthly basis from all
  272  dwelling units as stated in leases or rent lists existing on
  273  that date divided by the number of dwelling units exceeds $250.
  274         (5)A No municipality, county, or other entity of local
  275  government may not shall adopt or maintain in effect any law,
  276  ordinance, rule, or other measure that which would have the
  277  effect of imposing controls on rents unless:
  278         (a) Such measure is duly adopted by the governing body of
  279  such entity of local government, after notice and public
  280  hearing, in accordance with all applicable provisions of the
  281  Florida and United States Constitutions, the charter or charters
  282  governing such entity of local government, this section, and any
  283  other applicable laws.
  284         (b) Such governing body makes and recites in such measure
  285  its findings establishing the existence in fact of a housing
  286  emergency so grave as to constitute a serious menace to the
  287  general public and that such controls are necessary and proper
  288  to eliminate such grave housing emergency.
  289         (c) Such measure is approved by the voters in such
  290  municipality, county, or other entity of local government.
  291         (6) In any court action brought to challenge the validity
  292  of rent control imposed pursuant to the provisions of this
  293  section, the evidentiary effect of any findings or recitations
  294  required by subsection (5) shall be limited to imposing upon any
  295  party challenging the validity of such measure the burden of
  296  going forward with the evidence, and the burden of proof (that
  297  is, the risk of nonpersuasion) shall rest upon any party seeking
  298  to have the measure upheld.
  299         (3)(7) Notwithstanding any other provisions of this
  300  section, municipalities, counties, or other entities of local
  301  government may adopt and maintain in effect any law, ordinance,
  302  rule, or other measure which is adopted for the purposes of
  303  increasing the supply of affordable housing using land use
  304  mechanisms such as inclusionary housing ordinances.
  305         Section 3. Subsections (5) and (6) of section 125.01055,
  306  Florida Statutes, are amended, and subsection (7) is added to
  307  that section, to read:
  308         125.01055 Affordable housing.—
  309         (5) Subsection (4) (2) does not apply in an area of
  310  critical state concern, as designated in s. 380.0552.
  311         (6) Notwithstanding any other law or local ordinance or
  312  regulation to the contrary, the board of county commissioners
  313  may approve the development of housing that is affordable, as
  314  defined in s. 420.0004, including, but not limited to, a mixed
  315  use residential development, on any parcel zoned for
  316  residential, commercial, or industrial use. If a parcel is zoned
  317  for commercial or industrial use, an approval pursuant to this
  318  subsection may include any residential development project,
  319  including a mixed-use residential development project, so long
  320  as at least 10 percent of the units included in the project are
  321  for housing that is affordable and the developer of the project
  322  agrees not to apply for or receive funding under s. 420.5087.
  323  The provisions of this subsection are self-executing and do not
  324  require the board of county commissioners to adopt an ordinance
  325  or a regulation before using the approval process in this
  326  subsection.
  327         (7)(a)A county must authorize multifamily and mixed-use
  328  residential as allowable uses in any area zoned for commercial
  329  or mixed use if at least 40 percent of the residential units in
  330  a proposed multifamily rental development are, for a period of
  331  at least 30 years, affordable as defined in s. 420.0004.
  332  Notwithstanding any other law, local ordinance, or regulation to
  333  the contrary, a county may not require a proposed multifamily
  334  development to obtain a zoning or land use change, special
  335  exception, conditional use approval, variance, or comprehensive
  336  plan amendment for the building height, zoning, and densities
  337  authorized under this subsection. For mixed-use residential
  338  projects, at least 65 percent of the total square footage must
  339  be used for residential purposes.
  340         (b)A county may not restrict the density of a proposed
  341  development authorized under this subsection below the highest
  342  allowed density on any unincorporated land in the county where
  343  residential development is allowed.
  344         (c)A county may not restrict the height of a proposed
  345  development authorized under this subsection below the highest
  346  currently allowed height for a commercial or residential
  347  development located in its jurisdiction within 1 mile of the
  348  proposed development or 3 stories, whichever is higher.
  349         (d)A proposed development authorized under this subsection
  350  must be administratively approved and no further action by the
  351  board of county commissioners is required if the development
  352  satisfies the county’s land development regulations for
  353  multifamily developments in areas zoned for such use and is
  354  otherwise consistent with the comprehensive plan, with the
  355  exception of provisions establishing allowable densities,
  356  height, and land use. Such land development regulations include,
  357  but are not limited to, regulations relating to setbacks and
  358  parking requirements.
  359         (e)A county must consider reducing parking requirements
  360  for a proposed development authorized under this subsection if
  361  the development is located within one-half mile of a major
  362  transit stop, as defined in the county’s land development code,
  363  and the major transit stop is accessible from the development.
  364         (f)Except as otherwise provided in this subsection, a
  365  development authorized under this subsection must comply with
  366  all applicable state and local laws and regulations.
  367         (g)This subsection expires October 1, 2033.
  368         Section 4. Section 125.379, Florida Statutes, is amended to
  369  read:
  370         125.379 Disposition of county property for affordable
  371  housing.—
  372         (1) By October 1, 2023 July 1, 2007, and every 3 years
  373  thereafter, each county shall prepare an inventory list of all
  374  real property within its jurisdiction to which the county or any
  375  dependent special district within its boundaries holds fee
  376  simple title which that is appropriate for use as affordable
  377  housing. The inventory list must include the address and legal
  378  description of each such real property and specify whether the
  379  property is vacant or improved. The governing body of the county
  380  must review the inventory list at a public hearing and may
  381  revise it at the conclusion of the public hearing. The governing
  382  body of the county shall adopt a resolution that includes an
  383  inventory list of such property following the public hearing.
  384  Each county shall make the inventory list publicly available on
  385  its website to encourage potential development.
  386         (2) The properties identified as appropriate for use as
  387  affordable housing on the inventory list adopted by the county
  388  may be used for affordable housing through a long-term land
  389  lease requiring the development and maintenance of affordable
  390  housing, offered for sale and the proceeds used to purchase land
  391  for the development of affordable housing or to increase the
  392  local government fund earmarked for affordable housing, or may
  393  be sold with a restriction that requires the development of the
  394  property as permanent affordable housing, or may be donated to a
  395  nonprofit housing organization for the construction of permanent
  396  affordable housing. Alternatively, the county or special
  397  district may otherwise make the property available for use for
  398  the production and preservation of permanent affordable housing.
  399  For purposes of this section, the term “affordable” has the same
  400  meaning as in s. 420.0004(3).
  401         (3) Counties are encouraged to adopt best practices for
  402  surplus land programs, including, but not limited to:
  403         (a)Establishing eligibility criteria for the receipt or
  404  purchase of surplus land by developers;
  405         (b)Making the process for requesting surplus lands
  406  publicly available; and
  407         (c)Ensuring long-term affordability through ground leases
  408  by retaining the right of first refusal to purchase property
  409  that would be sold or offered at market rate and by requiring
  410  reversion of property not used for affordable housing within a
  411  certain timeframe.
  412         Section 5. Subsections (5) and (6) of section 166.04151,
  413  Florida Statutes, are amended, and subsection (7) is added to
  414  that section, to read:
  415         166.04151 Affordable housing.—
  416         (5) Subsection (4) (2) does not apply in an area of
  417  critical state concern, as designated by s. 380.0552 or chapter
  418  28-36, Florida Administrative Code.
  419         (6) Notwithstanding any other law or local ordinance or
  420  regulation to the contrary, the governing body of a municipality
  421  may approve the development of housing that is affordable, as
  422  defined in s. 420.0004, including, but not limited to, a mixed
  423  use residential development, on any parcel zoned for
  424  residential, commercial, or industrial use. If a parcel is zoned
  425  for commercial or industrial use, an approval pursuant to this
  426  subsection may include any residential development project,
  427  including a mixed-use residential development project, so long
  428  as at least 10 percent of the units included in the project are
  429  for housing that is affordable and the developer of the project
  430  agrees not to apply for or receive funding under s. 420.5087.
  431  The provisions of this subsection are self-executing and do not
  432  require the governing body to adopt an ordinance or a regulation
  433  before using the approval process in this subsection.
  434         (7)(a) A municipality must authorize multifamily and mixed
  435  use residential as allowable uses in any area zoned for
  436  commercial or mixed use if at least 40 percent of the
  437  residential units in a proposed multifamily rental development
  438  are, for a period of at least 30 years, affordable as defined in
  439  s. 420.0004. Notwithstanding any other law, local ordinance, or
  440  regulation to the contrary, a municipality may not require a
  441  proposed multifamily development to obtain a zoning or land use
  442  change, special exception, conditional use approval, variance,
  443  or comprehensive plan amendment for the building height, zoning,
  444  and densities authorized under this subsection. For mixed-use
  445  residential projects, at least 65 percent of the total square
  446  footage must be used for residential purposes.
  447         (b)A municipality may not restrict the density of a
  448  proposed development authorized under this subsection below the
  449  highest allowed density on any land in the municipality where
  450  residential development is allowed.
  451         (c)A municipality may not restrict the height of a
  452  proposed development authorized under this subsection below the
  453  highest currently allowed height for a commercial or residential
  454  development located in its jurisdiction within 1 mile of the
  455  proposed development or 3 stories, whichever is higher.
  456         (d)A proposed development authorized under this subsection
  457  must be administratively approved and no further action by the
  458  governing body of the municipality is required if the
  459  development satisfies the municipality’s land development
  460  regulations for multifamily developments in areas zoned for such
  461  use and is otherwise consistent with the comprehensive plan,
  462  with the exception of provisions establishing allowable
  463  densities, height, and land use. Such land development
  464  regulations include, but are not limited to, regulations
  465  relating to setbacks and parking requirements.
  466         (e)A municipality must consider reducing parking
  467  requirements for a proposed development authorized under this
  468  subsection if the development is located within one-half mile of
  469  a major transit stop, as defined in the municipality’s land
  470  development code, and the major transit stop is accessible from
  471  the development.
  472         (f)Except as otherwise provided in this subsection, a
  473  development authorized under this subsection must comply with
  474  all applicable state and local laws and regulations.
  475         (g)This subsection expires October 1, 2033.
  476         Section 6. Section 166.043, Florida Statutes, is amended to
  477  read:
  478         166.043 Ordinances and rules imposing price controls;
  479  findings required; procedures.—
  480         (1)(a) Except as hereinafter provided, a no county,
  481  municipality, or other entity of local government may not shall
  482  adopt or maintain in effect an ordinance or a rule that which
  483  has the effect of imposing price controls upon a lawful business
  484  activity that which is not franchised by, owned by, or under
  485  contract with, the governmental agency, unless specifically
  486  provided by general law.
  487         (b) This section does not prevent the enactment by local
  488  governments of public service rates otherwise authorized by law,
  489  including water, sewer, solid waste, public transportation,
  490  taxicab, or port rates, rates for towing of vehicles or vessels
  491  from or immobilization of vehicles or vessels on private
  492  property, or rates for removal and storage of wrecked or
  493  disabled vehicles or vessels from an accident scene or the
  494  removal and storage of vehicles or vessels in the event the
  495  owner or operator is incapacitated, unavailable, leaves the
  496  procurement of wrecker service to the law enforcement officer at
  497  the scene, or otherwise does not consent to the removal of the
  498  vehicle or vessel.
  499         (c) Counties must establish maximum rates which may be
  500  charged on the towing of vehicles or vessels from or
  501  immobilization of vehicles or vessels on private property,
  502  removal and storage of wrecked or disabled vehicles or vessels
  503  from an accident scene or for the removal and storage of
  504  vehicles or vessels, in the event the owner or operator is
  505  incapacitated, unavailable, leaves the procurement of wrecker
  506  service to the law enforcement officer at the scene, or
  507  otherwise does not consent to the removal of the vehicle or
  508  vessel. However, if a municipality chooses to enact an ordinance
  509  establishing the maximum rates for the towing or immobilization
  510  of vehicles or vessels as described in paragraph (b), the
  511  county’s ordinance established under s. 125.0103 does shall not
  512  apply within such municipality.
  513         (2) No law, ordinance, rule, or other measure which would
  514  have the effect of imposing controls on rents shall be adopted
  515  or maintained in effect except as provided herein and unless it
  516  is found and determined, as hereinafter provided, that such
  517  controls are necessary and proper to eliminate an existing
  518  housing emergency which is so grave as to constitute a serious
  519  menace to the general public.
  520         (3) Any law, ordinance, rule, or other measure which has
  521  the effect of imposing controls on rents shall terminate and
  522  expire within 1 year and shall not be extended or renewed except
  523  by the adoption of a new measure meeting all the requirements of
  524  this section.
  525         (4) Notwithstanding any other provisions of this section,
  526  no controls shall be imposed on rents for any accommodation used
  527  or offered for residential purposes as a seasonal or tourist
  528  unit, as a second housing unit, or on rents for dwelling units
  529  located in luxury apartment buildings. For the purposes of this
  530  section, a luxury apartment building is one wherein on January
  531  1, 1977, the aggregate rent due on a monthly basis from all
  532  dwelling units as stated in leases or rent lists existing on
  533  that date divided by the number of dwelling units exceeds $250.
  534         (5)A No municipality, county, or other entity of local
  535  government may not shall adopt or maintain in effect any law,
  536  ordinance, rule, or other measure that which would have the
  537  effect of imposing controls on rents unless:
  538         (a) Such measure is duly adopted by the governing body of
  539  such entity of local government, after notice and public
  540  hearing, in accordance with all applicable provisions of the
  541  Florida and United States Constitutions, the charter or charters
  542  governing such entity of local government, this section, and any
  543  other applicable laws.
  544         (b) Such governing body makes and recites in such measure
  545  its findings establishing the existence in fact of a housing
  546  emergency so grave as to constitute a serious menace to the
  547  general public and that such controls are necessary and proper
  548  to eliminate such grave housing emergency.
  549         (c) Such measure is approved by the voters in such
  550  municipality, county, or other entity of local government.
  551         (6) In any court action brought to challenge the validity
  552  of rent control imposed pursuant to the provisions of this
  553  section, the evidentiary effect of any findings or recitations
  554  required by subsection (5) shall be limited to imposing upon any
  555  party challenging the validity of such measure the burden of
  556  going forward with the evidence, and the burden of proof (that
  557  is, the risk of nonpersuasion) shall rest upon any party seeking
  558  to have the measure upheld.
  559         (3)(7) Notwithstanding any other provisions of this
  560  section, municipalities, counties, or other entity of local
  561  government may adopt and maintain in effect any law, ordinance,
  562  rule, or other measure which is adopted for the purposes of
  563  increasing the supply of affordable housing using land use
  564  mechanisms such as inclusionary housing ordinances.
  565         Section 7. Section 166.0451, Florida Statutes, is amended
  566  to read:
  567         166.0451 Disposition of municipal property for affordable
  568  housing.—
  569         (1) By October 1, 2023 July 1, 2007, and every 3 years
  570  thereafter, each municipality shall prepare an inventory list of
  571  all real property within its jurisdiction to which the
  572  municipality or any dependent special district within its
  573  boundaries holds fee simple title which that is appropriate for
  574  use as affordable housing. The inventory list must include the
  575  address and legal description of each such property and specify
  576  whether the property is vacant or improved. The governing body
  577  of the municipality must review the inventory list at a public
  578  hearing and may revise it at the conclusion of the public
  579  hearing. Following the public hearing, the governing body of the
  580  municipality shall adopt a resolution that includes an inventory
  581  list of such property. Each municipality shall make the
  582  inventory list publicly available on its website to encourage
  583  potential development.
  584         (2) The properties identified as appropriate for use as
  585  affordable housing on the inventory list adopted by the
  586  municipality may be used for affordable housing through a long
  587  term land lease requiring the development and maintenance of
  588  affordable housing, offered for sale and the proceeds may be
  589  used to purchase land for the development of affordable housing
  590  or to increase the local government fund earmarked for
  591  affordable housing, or may be sold with a restriction that
  592  requires the development of the property as permanent affordable
  593  housing, or may be donated to a nonprofit housing organization
  594  for the construction of permanent affordable housing.
  595  Alternatively, the municipality or special district may
  596  otherwise make the property available for use for the production
  597  and preservation of permanent affordable housing. For purposes
  598  of this section, the term “affordable” has the same meaning as
  599  in s. 420.0004(3).
  600         (3) Municipalities are encouraged to adopt best practices
  601  for surplus land programs, including, but not limited to:
  602         (a)Establishing eligibility criteria for the receipt or
  603  purchase of surplus land by developers;
  604         (b)Making the process for requesting surplus lands
  605  publicly available; and
  606         (c)Ensuring long-term affordability through ground leases
  607  by retaining the right of first refusal to purchase property
  608  that would be sold or offered at market rate and by requiring
  609  reversion of property not used for affordable housing within a
  610  certain timeframe.
  611         Section 8. Effective January 1, 2024, subsection (1) of
  612  section 196.1978, Florida Statutes, is amended, and subsection
  613  (3) is added to that section, to read:
  614         196.1978 Affordable housing property exemption.—
  615         (1)(a) Property used to provide affordable housing to
  616  eligible persons as defined by s. 159.603 and natural persons or
  617  families meeting the extremely-low-income, very-low-income, low
  618  income, or moderate-income limits specified in s. 420.0004,
  619  which is owned entirely by a nonprofit entity that is a
  620  corporation not for profit, qualified as charitable under s.
  621  501(c)(3) of the Internal Revenue Code and in compliance with
  622  Rev. Proc. 96-32, 1996-1 C.B. 717, is considered property owned
  623  by an exempt entity and used for a charitable purpose, and those
  624  portions of the affordable housing property that provide housing
  625  to natural persons or families classified as extremely low
  626  income, very low income, low income, or moderate income under s.
  627  420.0004 are exempt from ad valorem taxation to the extent
  628  authorized under s. 196.196. All property identified in this
  629  subsection must comply with the criteria provided under s.
  630  196.195 for determining exempt status and applied by property
  631  appraisers on an annual basis. The Legislature intends that any
  632  property owned by a limited liability company which is
  633  disregarded as an entity for federal income tax purposes
  634  pursuant to Treasury Regulation 301.7701-3(b)(1)(ii) be treated
  635  as owned by its sole member. If the sole member of the limited
  636  liability company that owns the property is also a limited
  637  liability company that is disregarded as an entity for federal
  638  income tax purposes pursuant to Treasury Regulation 301.7701
  639  3(b)(1)(ii), the Legislature intends that the property be
  640  treated as owned by the sole member of the limited liability
  641  company that owns the limited liability company that owns the
  642  property. Units that are vacant and units that are occupied by
  643  natural persons or families whose income no longer meets the
  644  income limits of this subsection, but whose income met those
  645  income limits at the time they became tenants, shall be treated
  646  as portions of the affordable housing property exempt under this
  647  subsection if a recorded land use restriction agreement in favor
  648  of the Florida Housing Finance Corporation or any other
  649  governmental or quasi-governmental jurisdiction requires that
  650  all residential units within the property be used in a manner
  651  that qualifies for the exemption under this subsection and if
  652  the units are being offered for rent.
  653         (b)Land that is owned entirely by a nonprofit entity that
  654  is a corporation not for profit, qualified as charitable under
  655  s. 501(c)(3) of the Internal Revenue Code and in compliance with
  656  Rev. Proc. 96-32, 1996-1 C.B. 717, and is leased for a minimum
  657  of 99 years for the purpose of, and is predominantly used for,
  658  providing housing to natural persons or families meeting the
  659  extremely-low-income, very-low-income, low-income, or moderate
  660  income limits specified in s. 420.0004 is exempt from ad valorem
  661  taxation. For purposes of this paragraph, land is predominantly
  662  used for qualifying purposes if the square footage of the
  663  improvements on the land used to provide qualifying housing is
  664  greater than 50 percent of the square footage of all
  665  improvements on the land. This paragraph first applies to the
  666  2024 tax roll and is repealed December 31, 2059.
  667         (3)(a)As used in this subsection, the term:
  668         1.“Corporation” means the Florida Housing Finance
  669  Corporation.
  670         2.Newly constructed” means an improvement to real
  671  property which was substantially completed within 5 years before
  672  the date of an applicant’s first submission of a request for
  673  certification or an application for an exemption pursuant to
  674  this section, whichever is earlier.
  675         3.Substantially completed” has the same meaning as in s.
  676  192.042(1).
  677         (b)Notwithstanding ss. 196.195 and 196.196, portions of
  678  property in a multifamily project are considered property used
  679  for a charitable purpose and are eligible to receive an ad
  680  valorem property tax exemption if such portions:
  681         1.Provide affordable housing to natural persons or
  682  families meeting the income limitations provided in paragraph
  683  (d);
  684         2.Are within a newly constructed multifamily project that
  685  contains more than 70 units dedicated to housing natural persons
  686  or families meeting the income limitations provided in paragraph
  687  (d); and
  688         3.Are rented for an amount that does not exceed the amount
  689  as specified by the most recent multifamily rental programs
  690  income and rent limit chart posted by the corporation and
  691  derived from the Multifamily Tax Subsidy Projects Income Limits
  692  published by the United States Department of Housing and Urban
  693  Development or 90 percent of the fair market value rent as
  694  determined by a rental market study meeting the requirements of
  695  paragraph (m), whichever is less.
  696         (c)If a unit that in the previous year qualified for the
  697  exemption under this subsection and was occupied by a tenant is
  698  vacant on January 1, the vacant unit is eligible for the
  699  exemption if the use of the unit is restricted to providing
  700  affordable housing that would otherwise meet the requirements of
  701  this subsection and a reasonable effort is made to lease the
  702  unit to eligible persons or families.
  703         (d)1.Qualified property used to house natural persons or
  704  families whose annual household income is greater than 80
  705  percent but not more than 120 percent of the median annual
  706  adjusted gross income for households within the metropolitan
  707  statistical area or, if not within a metropolitan statistical
  708  area, within the county in which the person or family resides,
  709  must receive an ad valorem property tax exemption of 75 percent
  710  of the assessed value.
  711         2.Qualified property used to house natural persons or
  712  families whose annual household income does not exceed 80
  713  percent of the median annual adjusted gross income for
  714  households within the metropolitan statistical area or, if not
  715  within a metropolitan statistical area, within the county in
  716  which the person or family resides, is exempt from ad valorem
  717  property taxes.
  718         (e)To receive an exemption under this subsection, a
  719  property owner must submit an application on a form prescribed
  720  by the department by March 1 for the exemption, accompanied by a
  721  certification notice from the corporation to the property
  722  appraiser.
  723         (f)To receive a certification notice, a property owner
  724  must submit a request to the corporation for certification on a
  725  form provided by the corporation which includes all of the
  726  following:
  727         1.The most recently completed rental market study meeting
  728  the requirements of paragraph (m).
  729         2.A list of the units for which the property owner seeks
  730  an exemption.
  731         3.The rent amount received by the property owner for each
  732  unit for which the property owner seeks an exemption. If a unit
  733  is vacant and qualifies for an exemption under paragraph (c),
  734  the property owner must provide evidence of the published rent
  735  amount for each vacant unit.
  736         4.A sworn statement, under penalty of perjury, from the
  737  applicant restricting the property for a period of not less than
  738  3 years to housing persons or families who meet the income
  739  limitations under this subsection.
  740         (g)The corporation shall review the request for
  741  certification and certify property that meets the eligibility
  742  criteria of this subsection. A determination by the corporation
  743  regarding a request for certification does not constitute final
  744  agency action pursuant to chapter 120.
  745         1.If the corporation determines that the property meets
  746  the eligibility criteria for an exemption under this subsection,
  747  the corporation must send a certification notice to the property
  748  owner and the property appraiser.
  749         2.If the corporation determines that the property does not
  750  meet the eligibility criteria, the corporation must notify the
  751  property owner and include the reasons for such determination.
  752         (h)The corporation shall post on its website the deadline
  753  to submit a request for certification. The deadline must allow
  754  adequate time for a property owner to submit a timely
  755  application for exemption to the property appraiser.
  756         (i)The property appraiser shall review the application and
  757  determine if the applicant is entitled to an exemption. A
  758  property appraiser may grant an exemption only for a property
  759  for which the corporation has issued a certification notice.
  760         (j) If the property appraiser determines that for any year
  761  during the immediately previous 10 years a person who was not
  762  entitled to an exemption under this subsection was granted such
  763  an exemption, the property appraiser must serve upon the owner a
  764  notice of intent to record in the public records of the county a
  765  notice of tax lien against any property owned by that person in
  766  the county, and that property must be identified in the notice
  767  of tax lien. Any property owned by the taxpayer and situated in
  768  this state is subject to the taxes exempted by the improper
  769  exemption, plus a penalty of 50 percent of the unpaid taxes for
  770  each year and interest at a rate of 15 percent per annum. If an
  771  exemption is improperly granted as a result of a clerical
  772  mistake or an omission by the property appraiser, the property
  773  owner improperly receiving the exemption may not be assessed a
  774  penalty or interest.
  775         (k)Units subject to an agreement with the corporation
  776  pursuant to chapter 420 recorded in the official records of the
  777  county in which the property is located to provide housing to
  778  natural persons or families meeting the extremely-low-income,
  779  very-low-income, or low-income limits specified in s. 420.0004
  780  are not eligible for this exemption.
  781         (l)Property receiving an exemption pursuant to s. 196.1979
  782  is not eligible for this exemption.
  783         (m)A rental market study submitted as required by
  784  paragraph (f) must identify the fair market value rent of each
  785  unit for which a property owner seeks an exemption. Only a
  786  certified general appraiser as defined in s. 475.611 may issue a
  787  rental market study. The certified general appraiser must be
  788  independent of the property owner who requests the rental market
  789  study. In preparing the rental market study, a certified general
  790  appraiser shall comply with the standards of professional
  791  practice pursuant to part II of chapter 475 and use comparable
  792  property within the same geographic area and of the same type as
  793  the property for which the exemption is sought. A rental market
  794  study must have been completed within 3 years before submission
  795  of the application.
  796         (n)The corporation may adopt rules to implement this
  797  section.
  798         (o) This subsection first applies to the 2024 tax roll and
  799  is repealed December 31, 2059.
  800         Section 9. Section 196.1979, Florida Statutes, is created
  801  to read:
  802         196.1979 County and municipal affordable housing property
  803  exemption.—
  804         (1)(a) Notwithstanding ss. 196.195 and 196.196, the board
  805  of county commissioners of a county or the governing body of a
  806  municipality may adopt an ordinance to exempt those portions of
  807  property used to provide affordable housing meeting the
  808  requirements of this section. Such property is considered
  809  property used for a charitable purpose. To be eligible for the
  810  exemption, the portions of property:
  811         1.Must be used to house natural persons or families whose
  812  annual household income:
  813         a.Is greater than 30 percent but not more than 60 percent
  814  of the median annual adjusted gross income for households within
  815  the metropolitan statistical area or, if not within a
  816  metropolitan statistical area, within the county in which the
  817  person or family resides; or
  818         b.Does not exceed 30 percent of the median annual adjusted
  819  gross income for households within the metropolitan statistical
  820  area or, if not within a metropolitan statistical area, within
  821  the county in which the person or family resides;
  822         2.Must be within a multifamily project containing 50 or
  823  more residential units, at least 20 percent of which are used to
  824  provide affordable housing that meets the requirements of this
  825  section;
  826         3.Must be rented for an amount no greater than the amount
  827  as specified by the most recent multifamily rental programs
  828  income and rent limit chart posted by the corporation and
  829  derived from the Multifamily Tax Subsidy Projects Income Limits
  830  published by the United States Department of Housing and Urban
  831  Development or 90 percent of the fair market value rent as
  832  determined by a rental market study meeting the requirements of
  833  subsection (4), whichever is less;
  834         4.May not have been cited for code violations on three or
  835  more occasions in the 24 months before the submission of a tax
  836  exemption application;
  837         5.May not have any cited code violations that have not
  838  been properly remedied by the property owner before the
  839  submission of a tax exemption application; and
  840         6.May not have any unpaid fines or charges relating to the
  841  cited code violations. Payment of unpaid fines or charges before
  842  a final determination on a property’s qualification for an
  843  exemption under this section will not exclude such property from
  844  eligibility if the property otherwise complies with all other
  845  requirements for the exemption.
  846         (b)Qualified property may receive an ad valorem property
  847  tax exemption of:
  848         1.Up to 75 percent of the assessed value of each
  849  residential unit used to provide affordable housing if fewer
  850  than 100 percent of the multifamily project’s residential units
  851  are used to provide affordable housing meeting the requirements
  852  of this section.
  853         2.Up to 100 percent of the assessed value if 100 percent
  854  of the multifamily project’s residential units are used to
  855  provide affordable housing meeting the requirements of this
  856  section.
  857         (c)The board of county commissioners of the county or the
  858  governing body of the municipality, as applicable, may choose to
  859  adopt an ordinance that exempts property used to provide
  860  affordable housing for natural persons or families meeting the
  861  income limits of sub-subparagraph (a)1.a., natural persons or
  862  families meeting the income limits of sub-subparagraph (a)1.b.,
  863  or both.
  864         (2)If a residential unit that in the previous year
  865  qualified for the exemption under this section and was occupied
  866  by a tenant is vacant on January 1, the vacant unit may qualify
  867  for the exemption under this section if the use of the unit is
  868  restricted to providing affordable housing that would otherwise
  869  meet the requirements of this section and a reasonable effort is
  870  made to lease the unit to eligible persons or families.
  871         (3) An ordinance granting the exemption authorized by this
  872  section must:
  873         (a)Be adopted under the procedures for adoption of a
  874  nonemergency ordinance by a board of county commissioners
  875  specified in chapter 125 or by a municipal governing body
  876  specified in chapter 166.
  877         (b)Designate the local entity under the supervision of the
  878  board of county commissioners or governing body of a
  879  municipality which must develop, receive, and review
  880  applications for certification and develop notices of
  881  determination of eligibility.
  882         (c)Require the property owner to apply for certification
  883  by the local entity in order to receive the exemption. The
  884  application for certification must be on a form provided by the
  885  local entity designated pursuant to paragraph (b) and include
  886  all of the following:
  887         1.The most recently completed rental market study meeting
  888  the requirements of subsection (4).
  889         2.A list of the units for which the property owner seeks
  890  an exemption.
  891         3.The rent amount received by the property owner for each
  892  unit for which the property owner seeks an exemption. If a unit
  893  is vacant and qualifies for an exemption under subsection (2),
  894  the property owner must provide evidence of the published rent
  895  amount for the vacant unit.
  896         (d)Require the local entity to verify and certify property
  897  that meets the requirements of the ordinance as qualified
  898  property and forward the certification to the property owner and
  899  the property appraiser. If the local entity denies the
  900  exemption, it must notify the applicant and include reasons for
  901  the denial.
  902         (e)Require the eligible unit to meet the eligibility
  903  criteria of paragraph (1)(a).
  904         (f)Require the property owner to submit an application for
  905  exemption, on a form prescribed by the department, accompanied
  906  by the certification of qualified property, to the property
  907  appraiser no later than March 1.
  908         (g)Specify that the exemption applies only to the taxes
  909  levied by the unit of government granting the exemption.
  910         (h)Specify that the property may not receive an exemption
  911  authorized by this section after expiration or repeal of the
  912  ordinance.
  913         (i)Identify the percentage of the assessed value which is
  914  exempted, subject to the percentage limitations in paragraph
  915  (1)(b).
  916         (j)Identify whether the exemption applies to natural
  917  persons or families meeting the income limits of sub
  918  subparagraph (1)(a)1.a., natural persons or families meeting the
  919  income limits of sub-subparagraph (1)(a)1.b., or both.
  920         (k)Require that the deadline to submit an application for
  921  certification be published on the county’s or municipality’s
  922  website. The deadline must allow adequate time for a property
  923  owner to make a timely application for exemption to the property
  924  appraiser.
  925         (l)Require the county or municipality to post on its
  926  website a list of certified properties for the purpose of
  927  facilitating access to affordable housing.
  928         (4) A rental market study submitted as required by
  929  paragraph (3)(c) must identify the fair market value rent of
  930  each unit for which a property owner seeks an exemption. Only a
  931  certified general appraiser, as defined in s. 475.611, may issue
  932  a rental market study. The certified general appraiser must be
  933  independent of the property owner who requests a rental market
  934  study. In preparing the rental market study, a certified general
  935  appraiser shall comply with the standards of professional
  936  practice pursuant to part II of chapter 475 and use comparable
  937  property within the same geographic area and of the same type as
  938  the property for which the exemption is sought. A rental market
  939  study must have been completed within 3 years before submission
  940  of the application.
  941         (5) An ordinance adopted under this section must expire
  942  before the fourth January 1 after adoption; however, the board
  943  of county commissioners or the governing body of the
  944  municipality may adopt a new ordinance to renew the exemption.
  945  The board of county commissioners or the governing body of the
  946  municipality shall deliver a copy of an ordinance adopted under
  947  this section to the department and the property appraiser within
  948  10 days after its adoption. If the ordinance expires or is
  949  repealed, the board of county commissioners or the governing
  950  body of the municipality must notify the department and the
  951  property appraiser within 10 days after its expiration or
  952  repeal.
  953         (6) If the property appraiser determines that for any year
  954  during the immediately previous 10 years a person who was not
  955  entitled to an exemption under this section was granted such an
  956  exemption, the property appraiser must serve upon the owner a
  957  notice of intent to record in the public records of the county a
  958  notice of tax lien against any property owned by that person in
  959  the county, and that property must be identified in the notice
  960  of tax lien. Any property owned by the taxpayer and situated in
  961  this state is subject to the taxes exempted by the improper
  962  exemption, plus a penalty of 50 percent of the unpaid taxes for
  963  each year and interest at a rate of 15 percent per annum. If an
  964  exemption is improperly granted as a result of a clerical
  965  mistake or an omission by the property appraiser, the property
  966  owner improperly receiving the exemption may not be assessed a
  967  penalty or interest.
  968         (7)This section first applies to the 2024 tax roll.
  969         Section 10. Section 201.15, Florida Statutes, is amended to
  970  read:
  971         201.15 Distribution of taxes collected.—All taxes collected
  972  under this chapter are hereby pledged and shall be first made
  973  available to make payments when due on bonds issued pursuant to
  974  s. 215.618 or s. 215.619, or any other bonds authorized to be
  975  issued on a parity basis with such bonds. Such pledge and
  976  availability for the payment of these bonds shall have priority
  977  over any requirement for the payment of service charges or costs
  978  of collection and enforcement under this section. All taxes
  979  collected under this chapter, except taxes distributed to the
  980  Land Acquisition Trust Fund pursuant to subsections (1) and (2),
  981  are subject to the service charge imposed in s. 215.20(1).
  982  Before distribution pursuant to this section, the Department of
  983  Revenue shall deduct amounts necessary to pay the costs of the
  984  collection and enforcement of the tax levied by this chapter.
  985  The costs and service charge may not be levied against any
  986  portion of taxes pledged to debt service on bonds to the extent
  987  that the costs and service charge are required to pay any
  988  amounts relating to the bonds. All of the costs of the
  989  collection and enforcement of the tax levied by this chapter and
  990  the service charge shall be available and transferred to the
  991  extent necessary to pay debt service and any other amounts
  992  payable with respect to bonds authorized before January 1, 2017,
  993  secured by revenues distributed pursuant to this section. All
  994  taxes remaining after deduction of costs shall be distributed as
  995  follows:
  996         (1) Amounts necessary to make payments on bonds issued
  997  pursuant to s. 215.618 or s. 215.619, as provided under
  998  paragraphs (3)(a) and (b), or on any other bonds authorized to
  999  be issued on a parity basis with such bonds shall be deposited
 1000  into the Land Acquisition Trust Fund.
 1001         (2) If the amounts deposited pursuant to subsection (1) are
 1002  less than 33 percent of all taxes collected after first
 1003  deducting the costs of collection, an amount equal to 33 percent
 1004  of all taxes collected after first deducting the costs of
 1005  collection, minus the amounts deposited pursuant to subsection
 1006  (1), shall be deposited into the Land Acquisition Trust Fund.
 1007         (3) Amounts on deposit in the Land Acquisition Trust Fund
 1008  shall be used in the following order:
 1009         (a) Payment of debt service or funding of debt service
 1010  reserve funds, rebate obligations, or other amounts payable with
 1011  respect to Florida Forever bonds issued pursuant to s. 215.618.
 1012  The amount used for such purposes may not exceed $300 million in
 1013  each fiscal year. It is the intent of the Legislature that all
 1014  bonds issued to fund the Florida Forever Act be retired by
 1015  December 31, 2040. Except for bonds issued to refund previously
 1016  issued bonds, no series of bonds may be issued pursuant to this
 1017  paragraph unless such bonds are approved and the debt service
 1018  for the remainder of the fiscal year in which the bonds are
 1019  issued is specifically appropriated in the General
 1020  Appropriations Act or other law with respect to bonds issued for
 1021  the purposes of s. 373.4598.
 1022         (b) Payment of debt service or funding of debt service
 1023  reserve funds, rebate obligations, or other amounts due with
 1024  respect to Everglades restoration bonds issued pursuant to s.
 1025  215.619. Taxes distributed under paragraph (a) and this
 1026  paragraph must be collectively distributed on a pro rata basis
 1027  when the available moneys under this subsection are not
 1028  sufficient to cover the amounts required under paragraph (a) and
 1029  this paragraph.
 1030  
 1031  Bonds issued pursuant to s. 215.618 or s. 215.619 are equally
 1032  and ratably secured by moneys distributable to the Land
 1033  Acquisition Trust Fund.
 1034         (4) After the required distributions to the Land
 1035  Acquisition Trust Fund pursuant to subsections (1) and (2), the
 1036  lesser of 8 percent of the remainder or $150 million in each
 1037  fiscal year shall be paid into the State Treasury to the credit
 1038  of the State Housing Trust Fund and shall be expended pursuant
 1039  to s. 420.50871. If 8 percent of the remainder is greater than
 1040  $150 million in any fiscal year, the difference between 8
 1041  percent of the remainder and $150 million shall be paid into the
 1042  State Treasury to the credit of the General Revenue Fund. and
 1043  deduction of the service charge imposed pursuant to s.
 1044  215.20(1), The remainder shall be distributed as follows:
 1045         (a) The lesser of 20.5453 percent of the remainder or
 1046  $466.75 million in each fiscal year shall be paid into the State
 1047  Treasury to the credit of the State Transportation Trust Fund.
 1048  Notwithstanding any other law, the amount credited to the State
 1049  Transportation Trust Fund shall be used for:
 1050         1. Capital funding for the New Starts Transit Program,
 1051  authorized by Title 49, U.S.C. s. 5309 and specified in s.
 1052  341.051, in the amount of 10 percent of the funds;
 1053         2. The Small County Outreach Program specified in s.
 1054  339.2818, in the amount of 10 percent of the funds;
 1055         3. The Strategic Intermodal System specified in ss. 339.61,
 1056  339.62, 339.63, and 339.64, in the amount of 75 percent of the
 1057  funds after deduction of the payments required pursuant to
 1058  subparagraphs 1. and 2.; and
 1059         4. The Transportation Regional Incentive Program specified
 1060  in s. 339.2819, in the amount of 25 percent of the funds after
 1061  deduction of the payments required pursuant to subparagraphs 1.
 1062  and 2. The first $60 million of the funds allocated pursuant to
 1063  this subparagraph shall be allocated annually to the Florida
 1064  Rail Enterprise for the purposes established in s. 341.303(5).
 1065         (b) The lesser of 0.1456 percent of the remainder or $3.25
 1066  million in each fiscal year shall be paid into the State
 1067  Treasury to the credit of the Grants and Donations Trust Fund in
 1068  the Department of Economic Opportunity to fund technical
 1069  assistance to local governments.
 1070  
 1071  Moneys distributed pursuant to paragraphs (a) and (b) may not be
 1072  pledged for debt service unless such pledge is approved by
 1073  referendum of the voters.
 1074         (c) An amount equaling 4.5 percent of the remainder in each
 1075  fiscal year shall be paid into the State Treasury to the credit
 1076  of the State Housing Trust Fund. The funds shall be used as
 1077  follows:
 1078         1. Half of that amount shall be used for the purposes for
 1079  which the State Housing Trust Fund was created and exists by
 1080  law.
 1081         2. Half of that amount shall be paid into the State
 1082  Treasury to the credit of the Local Government Housing Trust
 1083  Fund and used for the purposes for which the Local Government
 1084  Housing Trust Fund was created and exists by law.
 1085         (d) An amount equaling 5.20254 percent of the remainder in
 1086  each fiscal year shall be paid into the State Treasury to the
 1087  credit of the State Housing Trust Fund. Of such funds:
 1088         1. Twelve and one-half percent of that amount shall be
 1089  deposited into the State Housing Trust Fund and expended by the
 1090  Department of Economic Opportunity and the Florida Housing
 1091  Finance Corporation for the purposes for which the State Housing
 1092  Trust Fund was created and exists by law.
 1093         2. Eighty-seven and one-half percent of that amount shall
 1094  be distributed to the Local Government Housing Trust Fund and
 1095  used for the purposes for which the Local Government Housing
 1096  Trust Fund was created and exists by law. Funds from this
 1097  category may also be used to provide for state and local
 1098  services to assist the homeless.
 1099         (e) The lesser of 0.017 percent of the remainder or
 1100  $300,000 in each fiscal year shall be paid into the State
 1101  Treasury to the credit of the General Inspection Trust Fund to
 1102  be used to fund oyster management and restoration programs as
 1103  provided in s. 379.362(3).
 1104         (f) A total of $75 million shall be paid into the State
 1105  Treasury to the credit of the State Economic Enhancement and
 1106  Development Trust Fund within the Department of Economic
 1107  Opportunity.
 1108         (g) An amount equaling 5.4175 percent of the remainder
 1109  shall be paid into the Resilient Florida Trust Fund to be used
 1110  for the purposes for which the Resilient Florida Trust Fund was
 1111  created and exists by law. Funds may be used for planning and
 1112  project grants.
 1113         (h) An amount equaling 5.4175 percent of the remainder
 1114  shall be paid into the Water Protection and Sustainability
 1115  Program Trust Fund to be used to fund wastewater grants as
 1116  specified in s. 403.0673.
 1117         (5) Notwithstanding s. 215.32(2)(b)4.a., funds distributed
 1118  to the State Housing Trust Fund and expended pursuant to s.
 1119  420.50871 and funds distributed to the State Housing Trust Fund
 1120  and the Local Government Housing Trust Fund pursuant to
 1121  paragraphs (4)(c) and (d) paragraph (4)(c) may not be
 1122  transferred to the General Revenue Fund in the General
 1123  Appropriations Act.
 1124         (6) After the distributions provided in the preceding
 1125  subsections, any remaining taxes shall be paid into the State
 1126  Treasury to the credit of the General Revenue Fund.
 1127         Section 11. The amendments made by this act to s. 201.15,
 1128  Florida Statutes, expire on July 1, 2033, and the text of that
 1129  section shall revert to that in existence on June 30, 2023,
 1130  except that any amendments to such text enacted other than by
 1131  this act must be preserved and continue to operate to the extent
 1132  that such amendments are not dependent upon the portions of the
 1133  text which expire pursuant to this section.
 1134         Section 12. Paragraph (p) of subsection (5) of section
 1135  212.08, Florida Statutes, is amended, and paragraph (v) is added
 1136  to that subsection, to read:
 1137         212.08 Sales, rental, use, consumption, distribution, and
 1138  storage tax; specified exemptions.—The sale at retail, the
 1139  rental, the use, the consumption, the distribution, and the
 1140  storage to be used or consumed in this state of the following
 1141  are hereby specifically exempt from the tax imposed by this
 1142  chapter.
 1143         (5) EXEMPTIONS; ACCOUNT OF USE.—
 1144         (p) Community contribution tax credit for donations.—
 1145         1. Authorization.—Persons who are registered with the
 1146  department under s. 212.18 to collect or remit sales or use tax
 1147  and who make donations to eligible sponsors are eligible for tax
 1148  credits against their state sales and use tax liabilities as
 1149  provided in this paragraph:
 1150         a. The credit shall be computed as 50 percent of the
 1151  person’s approved annual community contribution.
 1152         b. The credit shall be granted as a refund against state
 1153  sales and use taxes reported on returns and remitted in the 12
 1154  months preceding the date of application to the department for
 1155  the credit as required in sub-subparagraph 3.c. If the annual
 1156  credit is not fully used through such refund because of
 1157  insufficient tax payments during the applicable 12-month period,
 1158  the unused amount may be included in an application for a refund
 1159  made pursuant to sub-subparagraph 3.c. in subsequent years
 1160  against the total tax payments made for such year. Carryover
 1161  credits may be applied for a 3-year period without regard to any
 1162  time limitation that would otherwise apply under s. 215.26.
 1163         c. A person may not receive more than $200,000 in annual
 1164  tax credits for all approved community contributions made in any
 1165  one year.
 1166         d. All proposals for the granting of the tax credit require
 1167  the prior approval of the Department of Economic Opportunity.
 1168         e. The total amount of tax credits which may be granted for
 1169  all programs approved under this paragraph and ss. 220.183 and
 1170  624.5105 is $25 $14.5 million in the 2023-2024 2022-2023 fiscal
 1171  year and in each fiscal year thereafter for projects that
 1172  provide housing opportunities for persons with special needs or
 1173  homeownership opportunities for low-income households or very
 1174  low-income households and $4.5 million in the 2022-2023 fiscal
 1175  year and in each fiscal year thereafter for all other projects.
 1176  As used in this paragraph, the term “person with special needs”
 1177  has the same meaning as in s. 420.0004 and the terms “low-income
 1178  person,” “low-income household,” “very-low-income person,” and
 1179  “very-low-income household” have the same meanings as in s.
 1180  420.9071.
 1181         f. A person who is eligible to receive the credit provided
 1182  in this paragraph, s. 220.183, or s. 624.5105 may receive the
 1183  credit only under one section of the person’s choice.
 1184         2. Eligibility requirements.—
 1185         a. A community contribution by a person must be in the
 1186  following form:
 1187         (I) Cash or other liquid assets;
 1188         (II) Real property, including 100 percent ownership of a
 1189  real property holding company;
 1190         (III) Goods or inventory; or
 1191         (IV) Other physical resources identified by the Department
 1192  of Economic Opportunity.
 1193  
 1194  For purposes of this sub-subparagraph, the term “real property
 1195  holding company” means a Florida entity, such as a Florida
 1196  limited liability company, that is wholly owned by the person;
 1197  is the sole owner of real property, as defined in s.
 1198  192.001(12), located in this the state; is disregarded as an
 1199  entity for federal income tax purposes pursuant to 26 C.F.R. s.
 1200  301.7701-3(b)(1)(ii); and at the time of contribution to an
 1201  eligible sponsor, has no material assets other than the real
 1202  property and any other property that qualifies as a community
 1203  contribution.
 1204         b. All community contributions must be reserved exclusively
 1205  for use in a project. As used in this sub-subparagraph, the term
 1206  “project” means activity undertaken by an eligible sponsor which
 1207  is designed to construct, improve, or substantially rehabilitate
 1208  housing that is affordable to low-income households or very-low
 1209  income households; designed to provide housing opportunities for
 1210  persons with special needs; designed to provide commercial,
 1211  industrial, or public resources and facilities; or designed to
 1212  improve entrepreneurial and job-development opportunities for
 1213  low-income persons. A project may be the investment necessary to
 1214  increase access to high-speed broadband capability in a rural
 1215  community that had an enterprise zone designated pursuant to
 1216  chapter 290 as of May 1, 2015, including projects that result in
 1217  improvements to communications assets that are owned by a
 1218  business. A project may include the provision of museum
 1219  educational programs and materials that are directly related to
 1220  a project approved between January 1, 1996, and December 31,
 1221  1999, and located in an area which was in an enterprise zone
 1222  designated pursuant to s. 290.0065 as of May 1, 2015. This
 1223  paragraph does not preclude projects that propose to construct
 1224  or rehabilitate housing for low-income households or very-low
 1225  income households on scattered sites or housing opportunities
 1226  for persons with special needs. With respect to housing,
 1227  contributions may be used to pay the following eligible special
 1228  needs, low-income, and very-low-income housing-related
 1229  activities:
 1230         (I) Project development impact and management fees for
 1231  special needs, low-income, or very-low-income housing projects;
 1232         (II) Down payment and closing costs for persons with
 1233  special needs, low-income persons, and very-low-income persons;
 1234         (III) Administrative costs, including housing counseling
 1235  and marketing fees, not to exceed 10 percent of the community
 1236  contribution, directly related to special needs, low-income, or
 1237  very-low-income projects; and
 1238         (IV) Removal of liens recorded against residential property
 1239  by municipal, county, or special district local governments if
 1240  satisfaction of the lien is a necessary precedent to the
 1241  transfer of the property to a low-income person or very-low
 1242  income person for the purpose of promoting home ownership.
 1243  Contributions for lien removal must be received from a
 1244  nonrelated third party.
 1245         c. The project must be undertaken by an “eligible sponsor,”
 1246  which includes:
 1247         (I) A community action program;
 1248         (II) A nonprofit community-based development organization
 1249  whose mission is the provision of housing for persons with
 1250  special needs, low-income households, or very-low-income
 1251  households or increasing entrepreneurial and job-development
 1252  opportunities for low-income persons;
 1253         (III) A neighborhood housing services corporation;
 1254         (IV) A local housing authority created under chapter 421;
 1255         (V) A community redevelopment agency created under s.
 1256  163.356;
 1257         (VI) A historic preservation district agency or
 1258  organization;
 1259         (VII) A local workforce development board;
 1260         (VIII) A direct-support organization as provided in s.
 1261  1009.983;
 1262         (IX) An enterprise zone development agency created under s.
 1263  290.0056;
 1264         (X) A community-based organization incorporated under
 1265  chapter 617 which is recognized as educational, charitable, or
 1266  scientific pursuant to s. 501(c)(3) of the Internal Revenue Code
 1267  and whose bylaws and articles of incorporation include
 1268  affordable housing, economic development, or community
 1269  development as the primary mission of the corporation;
 1270         (XI) Units of local government;
 1271         (XII) Units of state government; or
 1272         (XIII) Any other agency that the Department of Economic
 1273  Opportunity designates by rule.
 1274  
 1275  A contributing person may not have a financial interest in the
 1276  eligible sponsor.
 1277         d. The project must be located in an area which was in an
 1278  enterprise zone designated pursuant to chapter 290 as of May 1,
 1279  2015, or a Front Porch Florida Community, unless the project
 1280  increases access to high-speed broadband capability in a rural
 1281  community that had an enterprise zone designated pursuant to
 1282  chapter 290 as of May 1, 2015, but is physically located outside
 1283  the designated rural zone boundaries. Any project designed to
 1284  construct or rehabilitate housing for low-income households or
 1285  very-low-income households or housing opportunities for persons
 1286  with special needs is exempt from the area requirement of this
 1287  sub-subparagraph.
 1288         e.(I) If, during the first 10 business days of the state
 1289  fiscal year, eligible tax credit applications for projects that
 1290  provide housing opportunities for persons with special needs or
 1291  homeownership opportunities for low-income households or very
 1292  low-income households are received for less than the annual tax
 1293  credits available for those projects, the Department of Economic
 1294  Opportunity shall grant tax credits for those applications and
 1295  grant remaining tax credits on a first-come, first-served basis
 1296  for subsequent eligible applications received before the end of
 1297  the state fiscal year. If, during the first 10 business days of
 1298  the state fiscal year, eligible tax credit applications for
 1299  projects that provide housing opportunities for persons with
 1300  special needs or homeownership opportunities for low-income
 1301  households or very-low-income households are received for more
 1302  than the annual tax credits available for those projects, the
 1303  Department of Economic Opportunity shall grant the tax credits
 1304  for those applications as follows:
 1305         (A) If tax credit applications submitted for approved
 1306  projects of an eligible sponsor do not exceed $200,000 in total,
 1307  the credits shall be granted in full if the tax credit
 1308  applications are approved.
 1309         (B) If tax credit applications submitted for approved
 1310  projects of an eligible sponsor exceed $200,000 in total, the
 1311  amount of tax credits granted pursuant to sub-sub-sub
 1312  subparagraph (A) shall be subtracted from the amount of
 1313  available tax credits, and the remaining credits shall be
 1314  granted to each approved tax credit application on a pro rata
 1315  basis.
 1316         (II) If, during the first 10 business days of the state
 1317  fiscal year, eligible tax credit applications for projects other
 1318  than those that provide housing opportunities for persons with
 1319  special needs or homeownership opportunities for low-income
 1320  households or very-low-income households are received for less
 1321  than the annual tax credits available for those projects, the
 1322  Department of Economic Opportunity shall grant tax credits for
 1323  those applications and shall grant remaining tax credits on a
 1324  first-come, first-served basis for subsequent eligible
 1325  applications received before the end of the state fiscal year.
 1326  If, during the first 10 business days of the state fiscal year,
 1327  eligible tax credit applications for projects other than those
 1328  that provide housing opportunities for persons with special
 1329  needs or homeownership opportunities for low-income households
 1330  or very-low-income households are received for more than the
 1331  annual tax credits available for those projects, the Department
 1332  of Economic Opportunity shall grant the tax credits for those
 1333  applications on a pro rata basis.
 1334         3. Application requirements.—
 1335         a. An eligible sponsor seeking to participate in this
 1336  program must submit a proposal to the Department of Economic
 1337  Opportunity which sets forth the name of the sponsor, a
 1338  description of the project, and the area in which the project is
 1339  located, together with such supporting information as is
 1340  prescribed by rule. The proposal must also contain a resolution
 1341  from the local governmental unit in which the project is located
 1342  certifying that the project is consistent with local plans and
 1343  regulations.
 1344         b. A person seeking to participate in this program must
 1345  submit an application for tax credit to the Department of
 1346  Economic Opportunity which sets forth the name of the sponsor; a
 1347  description of the project; and the type, value, and purpose of
 1348  the contribution. The sponsor shall verify, in writing, the
 1349  terms of the application and indicate its receipt of the
 1350  contribution, and such verification must accompany the
 1351  application for tax credit. The person must submit a separate
 1352  tax credit application to the Department of Economic Opportunity
 1353  for each individual contribution that it makes to each
 1354  individual project.
 1355         c. A person who has received notification from the
 1356  Department of Economic Opportunity that a tax credit has been
 1357  approved must apply to the department to receive the refund.
 1358  Application must be made on the form prescribed for claiming
 1359  refunds of sales and use taxes and be accompanied by a copy of
 1360  the notification. A person may submit only one application for
 1361  refund to the department within a 12-month period.
 1362         4. Administration.—
 1363         a. The Department of Economic Opportunity may adopt rules
 1364  necessary to administer this paragraph, including rules for the
 1365  approval or disapproval of proposals by a person.
 1366         b. The decision of the Department of Economic Opportunity
 1367  must be in writing, and, if approved, the notification shall
 1368  state the maximum credit allowable to the person. Upon approval,
 1369  the Department of Economic Opportunity shall transmit a copy of
 1370  the decision to the department.
 1371         c. The Department of Economic Opportunity shall
 1372  periodically monitor all projects in a manner consistent with
 1373  available resources to ensure that resources are used in
 1374  accordance with this paragraph; however, each project must be
 1375  reviewed at least once every 2 years.
 1376         d. The Department of Economic Opportunity shall, in
 1377  consultation with the statewide and regional housing and
 1378  financial intermediaries, market the availability of the
 1379  community contribution tax credit program to community-based
 1380  organizations.
 1381         (v) Building materials used in construction of affordable
 1382  housing units.
 1383         1. As used in this paragraph, the term:
 1384         a.“Affordable housing development means property that has
 1385  units subject to an agreement with the Florida Housing Finance
 1386  Corporation pursuant to chapter 420 recorded in the official
 1387  records of the county in which the property is located to
 1388  provide affordable housing to natural persons or families
 1389  meeting the extremely-low-income, very-low-income, or low-income
 1390  limits specified in s. 420.0004.
 1391         b. “Building materials” means tangible personal property
 1392  that becomes a component part of eligible residential units in
 1393  an affordable housing development. The term includes appliances
 1394  and does not include plants, landscaping, fencing, and
 1395  hardscaping.
 1396         c.Eligible residential units” means newly constructed
 1397  units within an affordable housing development which are
 1398  restricted under the land use restriction agreement.
 1399         d. “Newly constructed” means improvements to real property
 1400  which did not previously exist or the construction of a new
 1401  improvement where an old improvement was removed. The term does
 1402  not include the renovation, restoration, rehabilitation,
 1403  modification, alteration, or expansion of buildings already
 1404  located on the parcel on which the eligible residential unit is
 1405  built.
 1406         e. “Real property” has the same meaning as provided in s.
 1407  192.001(12).
 1408         f. “Substantially completed” has the same meaning as in s.
 1409  192.042(1).
 1410         2. Building materials used in eligible residential units
 1411  are exempt from the tax imposed by this chapter if an owner
 1412  demonstrates to the satisfaction of the department that the
 1413  requirements of this paragraph have been met. Except as provided
 1414  in subparagraph 3., this exemption inures to the owner at the
 1415  time an eligible residential unit is substantially completed,
 1416  but only through a refund of previously paid taxes. To receive a
 1417  refund pursuant to this paragraph, the owner of the eligible
 1418  residential units must file an application with the department.
 1419  The application must include all of the following:
 1420         a. The name and address of the person claiming the refund.
 1421         b. An address and assessment roll parcel number of the real
 1422  property that was improved for which a refund of previously paid
 1423  taxes is being sought.
 1424         c. A description of the eligible residential units for
 1425  which a refund of previously paid taxes is being sought,
 1426  including the number of such units.
 1427         d. A copy of a valid building permit issued by the county
 1428  or municipal building department for the eligible residential
 1429  units.
 1430         e. A sworn statement, under penalty of perjury, from the
 1431  general contractor licensed in this state with whom the owner
 1432  contracted to build the eligible residential units which
 1433  specifies the building materials, the actual cost of the
 1434  building materials, and the amount of sales tax paid in this
 1435  state on the building materials, and which states that the
 1436  improvement to the real property was newly constructed. If a
 1437  general contractor was not used, the owner must make the sworn
 1438  statement required by this sub-subparagraph. Copies of the
 1439  invoices evidencing the actual cost of the building materials
 1440  and the amount of sales tax paid on such building materials must
 1441  be attached to the sworn statement provided by the general
 1442  contractor or by the owner. If copies of such invoices are not
 1443  attached, the cost of the building materials is deemed to be an
 1444  amount equal to 40 percent of the increase in the final assessed
 1445  value of the eligible residential units for ad valorem tax
 1446  purposes less the most recent assessed value of land for the
 1447  units.
 1448         f. A certification by the local building code inspector
 1449  that the eligible residential unit is substantially completed.
 1450         g.A copy of the land use restriction agreement with the
 1451  Florida Housing Finance Corporation for the eligible residential
 1452  units.
 1453         3.The exemption under this paragraph inures to a
 1454  municipality, county, other governmental unit or agency, or
 1455  nonprofit community-based organization through a refund of
 1456  previously paid taxes if the building materials are paid for
 1457  from the funds of a community development block grant, the State
 1458  Housing Initiatives Partnership Program, or a similar grant or
 1459  loan program. To receive a refund, a municipality, county, other
 1460  governmental unit or agency, or nonprofit community-based
 1461  organization must submit an application that includes the same
 1462  information required under subparagraph 2. In addition, the
 1463  applicant must include a sworn statement signed by the chief
 1464  executive officer of the municipality, county, other
 1465  governmental unit or agency, or nonprofit community-based
 1466  organization seeking a refund which states that the building
 1467  materials for which a refund is sought were funded by a
 1468  community development block grant, the State Housing Initiatives
 1469  Partnership Program, or a similar grant or loan program.
 1470         4. The person seeking a refund must submit an application
 1471  for refund to the department within 6 months after the eligible
 1472  residential unit is deemed to be substantially completed by the
 1473  local building code inspector or by November 1 after the
 1474  improved property is first subject to assessment.
 1475         5. Only one exemption through a refund of previously paid
 1476  taxes may be claimed for any eligible residential unit. A refund
 1477  may not be granted unless the amount to be refunded exceeds
 1478  $500. A refund may not exceed the lesser of $5,000 or 97.5
 1479  percent of the Florida sales or use tax paid on the cost of
 1480  building materials as determined pursuant to sub-subparagraph
 1481  2.e. The department shall issue a refund within 30 days after it
 1482  formally approves a refund application.
 1483         6. The department may adopt rules governing the manner and
 1484  format of refund applications and may establish guidelines as to
 1485  the requisites for an affirmative showing of qualification for
 1486  exemption under this paragraph.
 1487         7. This exemption under this paragraph applies to sales of
 1488  building materials that occur on or after July 1, 2023.
 1489         Section 13. Subsection (24) is added to section 213.053,
 1490  Florida Statutes, to read:
 1491         213.053 Confidentiality and information sharing.—
 1492         (24) The department may make available to the Florida
 1493  Housing Finance Corporation, exclusively for official purposes,
 1494  information for the purpose of administering the Live Local
 1495  Program pursuant to s. 420.50872.
 1496         Section 14. Section 215.212, Florida Statutes, is created
 1497  to read:
 1498         215.212 Service charge elimination.—
 1499         (1)Notwithstanding s. 215.20(1), the service charge
 1500  provided in s. 215.20(1) may not be deducted from the proceeds
 1501  of the taxes distributed under s. 201.15.
 1502         (2)This section is repealed July 1, 2033.
 1503         Section 15. Paragraph (i) of subsection (1) of section
 1504  215.22, Florida Statutes, is amended to read:
 1505         215.22 Certain income and certain trust funds exempt.—
 1506         (1) The following income of a revenue nature or the
 1507  following trust funds shall be exempt from the appropriation
 1508  required by s. 215.20(1):
 1509         (i) Bond proceeds or revenues dedicated for bond repayment,
 1510  except for the Documentary Stamp Clearing Trust Fund
 1511  administered by the Department of Revenue.
 1512         Section 16. The amendment made by this act to s. 215.22,
 1513  Florida Statutes, expires on July 1, 2033, and the text of that
 1514  section shall revert to that in existence on June 30, 2023,
 1515  except that any amendments to such text enacted other than by
 1516  this act must be preserved and continue to operate to the extent
 1517  that such amendments are not dependent upon the portions of the
 1518  text which expire pursuant to this section.
 1519         Section 17. Subsection (8) of section 220.02, Florida
 1520  Statutes, is amended to read:
 1521         220.02 Legislative intent.—
 1522         (8) It is the intent of the Legislature that credits
 1523  against either the corporate income tax or the franchise tax be
 1524  applied in the following order: those enumerated in s. 631.828,
 1525  those enumerated in s. 220.191, those enumerated in s. 220.181,
 1526  those enumerated in s. 220.183, those enumerated in s. 220.182,
 1527  those enumerated in s. 220.1895, those enumerated in s. 220.195,
 1528  those enumerated in s. 220.184, those enumerated in s. 220.186,
 1529  those enumerated in s. 220.1845, those enumerated in s. 220.19,
 1530  those enumerated in s. 220.185, those enumerated in s. 220.1875,
 1531  those enumerated in s. 220.1876, those enumerated in s.
 1532  220.1877, those enumerated in s. 220.1878, those enumerated in
 1533  s. 220.193, those enumerated in s. 288.9916, those enumerated in
 1534  s. 220.1899, those enumerated in s. 220.194, those enumerated in
 1535  s. 220.196, those enumerated in s. 220.198, and those enumerated
 1536  in s. 220.1915.
 1537         Section 18. Paragraph (a) of subsection (1) of section
 1538  220.13, Florida Statutes, is amended to read:
 1539         220.13 “Adjusted federal income” defined.—
 1540         (1) The term “adjusted federal income” means an amount
 1541  equal to the taxpayer’s taxable income as defined in subsection
 1542  (2), or such taxable income of more than one taxpayer as
 1543  provided in s. 220.131, for the taxable year, adjusted as
 1544  follows:
 1545         (a) Additions.—There shall be added to such taxable income:
 1546         1.a. The amount of any tax upon or measured by income,
 1547  excluding taxes based on gross receipts or revenues, paid or
 1548  accrued as a liability to the District of Columbia or any state
 1549  of the United States which is deductible from gross income in
 1550  the computation of taxable income for the taxable year.
 1551         b. Notwithstanding sub-subparagraph a., if a credit taken
 1552  under s. 220.1875, s. 220.1876, or s. 220.1877, or s. 220.1878
 1553  is added to taxable income in a previous taxable year under
 1554  subparagraph 11. and is taken as a deduction for federal tax
 1555  purposes in the current taxable year, the amount of the
 1556  deduction allowed shall not be added to taxable income in the
 1557  current year. The exception in this sub-subparagraph is intended
 1558  to ensure that the credit under s. 220.1875, s. 220.1876, or s.
 1559  220.1877, or s. 220.1878 is added in the applicable taxable year
 1560  and does not result in a duplicate addition in a subsequent
 1561  year.
 1562         2. The amount of interest which is excluded from taxable
 1563  income under s. 103(a) of the Internal Revenue Code or any other
 1564  federal law, less the associated expenses disallowed in the
 1565  computation of taxable income under s. 265 of the Internal
 1566  Revenue Code or any other law, excluding 60 percent of any
 1567  amounts included in alternative minimum taxable income, as
 1568  defined in s. 55(b)(2) of the Internal Revenue Code, if the
 1569  taxpayer pays tax under s. 220.11(3).
 1570         3. In the case of a regulated investment company or real
 1571  estate investment trust, an amount equal to the excess of the
 1572  net long-term capital gain for the taxable year over the amount
 1573  of the capital gain dividends attributable to the taxable year.
 1574         4. That portion of the wages or salaries paid or incurred
 1575  for the taxable year which is equal to the amount of the credit
 1576  allowable for the taxable year under s. 220.181. This
 1577  subparagraph shall expire on the date specified in s. 290.016
 1578  for the expiration of the Florida Enterprise Zone Act.
 1579         5. That portion of the ad valorem school taxes paid or
 1580  incurred for the taxable year which is equal to the amount of
 1581  the credit allowable for the taxable year under s. 220.182. This
 1582  subparagraph shall expire on the date specified in s. 290.016
 1583  for the expiration of the Florida Enterprise Zone Act.
 1584         6. The amount taken as a credit under s. 220.195 which is
 1585  deductible from gross income in the computation of taxable
 1586  income for the taxable year.
 1587         7. That portion of assessments to fund a guaranty
 1588  association incurred for the taxable year which is equal to the
 1589  amount of the credit allowable for the taxable year.
 1590         8. In the case of a nonprofit corporation which holds a
 1591  pari-mutuel permit and which is exempt from federal income tax
 1592  as a farmers’ cooperative, an amount equal to the excess of the
 1593  gross income attributable to the pari-mutuel operations over the
 1594  attributable expenses for the taxable year.
 1595         9. The amount taken as a credit for the taxable year under
 1596  s. 220.1895.
 1597         10. Up to nine percent of the eligible basis of any
 1598  designated project which is equal to the credit allowable for
 1599  the taxable year under s. 220.185.
 1600         11. Any amount taken as a credit for the taxable year under
 1601  s. 220.1875, s. 220.1876, or s. 220.1877, or s. 220.1878. The
 1602  addition in this subparagraph is intended to ensure that the
 1603  same amount is not allowed for the tax purposes of this state as
 1604  both a deduction from income and a credit against the tax. This
 1605  addition is not intended to result in adding the same expense
 1606  back to income more than once.
 1607         12. The amount taken as a credit for the taxable year under
 1608  s. 220.193.
 1609         13. Any portion of a qualified investment, as defined in s.
 1610  288.9913, which is claimed as a deduction by the taxpayer and
 1611  taken as a credit against income tax pursuant to s. 288.9916.
 1612         14. The costs to acquire a tax credit pursuant to s.
 1613  288.1254(5) that are deducted from or otherwise reduce federal
 1614  taxable income for the taxable year.
 1615         15. The amount taken as a credit for the taxable year
 1616  pursuant to s. 220.194.
 1617         16. The amount taken as a credit for the taxable year under
 1618  s. 220.196. The addition in this subparagraph is intended to
 1619  ensure that the same amount is not allowed for the tax purposes
 1620  of this state as both a deduction from income and a credit
 1621  against the tax. The addition is not intended to result in
 1622  adding the same expense back to income more than once.
 1623         17. The amount taken as a credit for the taxable year
 1624  pursuant to s. 220.198.
 1625         18. The amount taken as a credit for the taxable year
 1626  pursuant to s. 220.1915.
 1627         Section 19. Paragraph (c) of subsection (1) of section
 1628  220.183, Florida Statutes, is amended to read:
 1629         220.183 Community contribution tax credit.—
 1630         (1) AUTHORIZATION TO GRANT COMMUNITY CONTRIBUTION TAX
 1631  CREDITS; LIMITATIONS ON INDIVIDUAL CREDITS AND PROGRAM
 1632  SPENDING.—
 1633         (c) The total amount of tax credit which may be granted for
 1634  all programs approved under this section and ss. 212.08(5)(p)
 1635  and 624.5105 is $25 $14.5 million in the 2023-2024 2022-2023
 1636  fiscal year and in each fiscal year thereafter for projects that
 1637  provide housing opportunities for persons with special needs as
 1638  defined in s. 420.0004 and homeownership opportunities for low
 1639  income households or very-low-income households as defined in s.
 1640  420.9071 and $4.5 million in the 2022-2023 fiscal year and in
 1641  each fiscal year thereafter for all other projects.
 1642         Section 20. Subsection (2) of section 220.186, Florida
 1643  Statutes, is amended to read:
 1644         220.186 Credit for Florida alternative minimum tax.—
 1645         (2) The credit pursuant to this section shall be the amount
 1646  of the excess, if any, of the tax paid based upon taxable income
 1647  determined pursuant to s. 220.13(2)(k) over the amount of tax
 1648  which would have been due based upon taxable income without
 1649  application of s. 220.13(2)(k), before application of this
 1650  credit without application of any credit under s. 220.1875, s.
 1651  220.1876, or s. 220.1877, or s. 220.1878.
 1652         Section 21. Section 220.1878, Florida Statutes, is created
 1653  to read:
 1654         220.1878 Credit for contributions to the Live Local
 1655  Program.—
 1656         (1)For taxable years beginning on or after January 1,
 1657  2023, there is allowed a credit of 100 percent of an eligible
 1658  contribution made to the Live Local Program under s. 420.50872
 1659  against any tax due for a taxable year under this chapter after
 1660  the application of any other allowable credits by the taxpayer.
 1661  An eligible contribution must be made to the Live Local Program
 1662  on or before the date the taxpayer is required to file a return
 1663  pursuant to s. 220.222. The credit granted by this section must
 1664  be reduced by the difference between the amount of federal
 1665  corporate income tax, taking into account the credit granted by
 1666  this section, and the amount of federal corporate income tax
 1667  without application of the credit granted by this section.
 1668         (2)A taxpayer who files a Florida consolidated return as a
 1669  member of an affiliated group pursuant to s. 220.131(1) may be
 1670  allowed the credit on a consolidated return basis; however, the
 1671  total credit taken by the affiliated group is subject to the
 1672  limitation established under subsection (1).
 1673         (3)Section 420.50872 applies to the credit authorized by
 1674  this section.
 1675         (4)If a taxpayer applies and is approved for a credit
 1676  under s. 420.50872 after timely requesting an extension to file
 1677  under s. 220.222(2):
 1678         (a)The credit does not reduce the amount of tax due for
 1679  purposes of the department’s determination as to whether the
 1680  taxpayer was in compliance with the requirement to pay tentative
 1681  taxes under ss. 220.222 and 220.32.
 1682         (b)The taxpayer’s noncompliance with the requirement to
 1683  pay tentative taxes shall result in the revocation and
 1684  rescindment of any such credit.
 1685         (c)The taxpayer shall be assessed for any taxes,
 1686  penalties, or interest due from the taxpayer’s noncompliance
 1687  with the requirement to pay tentative taxes.
 1688         Section 22. Paragraph (c) of subsection (2) of section
 1689  220.222, Florida Statutes, is amended to read:
 1690         220.222 Returns; time and place for filing.—
 1691         (2)
 1692         (c)1. For purposes of this subsection, a taxpayer is not in
 1693  compliance with s. 220.32 if the taxpayer underpays the required
 1694  payment by more than the greater of $2,000 or 30 percent of the
 1695  tax shown on the return when filed.
 1696         2.For the purpose of determining compliance with s. 220.32
 1697  as referenced in subparagraph 1., the tax shown on the return
 1698  when filed must include the amount of the allowable credits
 1699  taken on the return pursuant to s. 220.1878.
 1700         Section 23. Subsection (5) of section 253.034, Florida
 1701  Statutes, is amended to read:
 1702         253.034 State-owned lands; uses.—
 1703         (5) Each manager of conservation lands shall submit to the
 1704  Division of State Lands a land management plan at least every 10
 1705  years in a form and manner adopted by rule of the board of
 1706  trustees and in accordance with s. 259.032. Each manager of
 1707  conservation lands shall also update a land management plan
 1708  whenever the manager proposes to add new facilities or make
 1709  substantive land use or management changes that were not
 1710  addressed in the approved plan, or within 1 year after the
 1711  addition of significant new lands. Each manager of
 1712  nonconservation lands shall submit to the Division of State
 1713  Lands a land use plan at least every 10 years in a form and
 1714  manner adopted by rule of the board of trustees. The division
 1715  shall review each plan for compliance with the requirements of
 1716  this subsection and the requirements of the rules adopted by the
 1717  board of trustees pursuant to this section. All nonconservation
 1718  land use plans, whether for single-use or multiple-use
 1719  properties, shall be managed to provide the greatest benefit to
 1720  the state. Plans for managed areas larger than 1,000 acres shall
 1721  contain an analysis of the multiple-use potential of the
 1722  property which includes the potential of the property to
 1723  generate revenues to enhance the management of the property. In
 1724  addition, the plan shall contain an analysis of the potential
 1725  use of private land managers to facilitate the restoration or
 1726  management of these lands and whether nonconservation lands
 1727  would be more appropriately transferred to the county or
 1728  municipality in which the land is located for the purpose of
 1729  providing affordable multifamily rental housing that meets the
 1730  criteria of s. 420.0004(3). If a newly acquired property has a
 1731  valid conservation plan that was developed by a soil and
 1732  conservation district, such plan shall be used to guide
 1733  management of the property until a formal land use plan is
 1734  completed.
 1735         (a) State conservation lands shall be managed to ensure the
 1736  conservation of this the state’s plant and animal species and to
 1737  ensure the accessibility of state lands for the benefit and
 1738  enjoyment of all people of this the state, both present and
 1739  future. Each land management plan for state conservation lands
 1740  shall provide a desired outcome, describe both short-term and
 1741  long-term management goals, and include measurable objectives to
 1742  achieve those goals. Short-term goals shall be achievable within
 1743  a 2-year planning period, and long-term goals shall be
 1744  achievable within a 10-year planning period. These short-term
 1745  and long-term management goals shall be the basis for all
 1746  subsequent land management activities.
 1747         (b) Short-term and long-term management goals for state
 1748  conservation lands shall include measurable objectives for the
 1749  following, as appropriate:
 1750         1. Habitat restoration and improvement.
 1751         2. Public access and recreational opportunities.
 1752         3. Hydrological preservation and restoration.
 1753         4. Sustainable forest management.
 1754         5. Exotic and invasive species maintenance and control.
 1755         6. Capital facilities and infrastructure.
 1756         7. Cultural and historical resources.
 1757         8. Imperiled species habitat maintenance, enhancement,
 1758  restoration, or population restoration.
 1759         (c) The land management plan shall, at a minimum, contain
 1760  the following elements:
 1761         1. A physical description of the land.
 1762         2. A quantitative data description of the land which
 1763  includes an inventory of forest and other natural resources;
 1764  exotic and invasive plants; hydrological features;
 1765  infrastructure, including recreational facilities; and other
 1766  significant land, cultural, or historical features. The
 1767  inventory shall reflect the number of acres for each resource
 1768  and feature, when appropriate. The inventory shall be of such
 1769  detail that objective measures and benchmarks can be established
 1770  for each tract of land and monitored during the lifetime of the
 1771  plan. All quantitative data collected shall be aggregated,
 1772  standardized, collected, and presented in an electronic format
 1773  to allow for uniform management reporting and analysis. The
 1774  information collected by the Department of Environmental
 1775  Protection pursuant to s. 253.0325(2) shall be available to the
 1776  land manager and his or her assignee.
 1777         3. A detailed description of each short-term and long-term
 1778  land management goal, the associated measurable objectives, and
 1779  the related activities that are to be performed to meet the land
 1780  management objectives. Each land management objective must be
 1781  addressed by the land management plan, and if practicable, a
 1782  land management objective may not be performed to the detriment
 1783  of the other land management objectives.
 1784         4. A schedule of land management activities which contains
 1785  short-term and long-term land management goals and the related
 1786  measurable objective and activities. The schedule shall include
 1787  for each activity a timeline for completion, quantitative
 1788  measures, and detailed expense and manpower budgets. The
 1789  schedule shall provide a management tool that facilitates
 1790  development of performance measures.
 1791         5. A summary budget for the scheduled land management
 1792  activities of the land management plan. For state lands
 1793  containing or anticipated to contain imperiled species habitat,
 1794  the summary budget shall include any fees anticipated from
 1795  public or private entities for projects to offset adverse
 1796  impacts to imperiled species or such habitat, which fees shall
 1797  be used solely to restore, manage, enhance, repopulate, or
 1798  acquire imperiled species habitat. The summary budget shall be
 1799  prepared in such manner that it facilitates computing an
 1800  aggregate of land management costs for all state-managed lands
 1801  using the categories described in s. 259.037(3).
 1802         (d) Upon completion, the land management plan must be
 1803  transmitted to the Acquisition and Restoration Council for
 1804  review. The council shall have 90 days after receipt of the plan
 1805  to review the plan and submit its recommendations to the board
 1806  of trustees. During the review period, the land management plan
 1807  may be revised if agreed to by the primary land manager and the
 1808  council taking into consideration public input. The land
 1809  management plan becomes effective upon approval by the board of
 1810  trustees.
 1811         (e) Land management plans are to be updated every 10 years
 1812  on a rotating basis. Each updated land management plan must
 1813  identify any conservation lands under the plan, in part or in
 1814  whole, that are no longer needed for conservation purposes and
 1815  could be disposed of in fee simple or with the state retaining a
 1816  permanent conservation easement.
 1817         (f) In developing land management plans, at least one
 1818  public hearing shall be held in any one affected county.
 1819         (g) The Division of State Lands shall make available to the
 1820  public an electronic copy of each land management plan for
 1821  parcels that exceed 160 acres in size. The division shall review
 1822  each plan for compliance with the requirements of this
 1823  subsection, the requirements of chapter 259, and the
 1824  requirements of the rules adopted by the board of trustees
 1825  pursuant to this section. The Acquisition and Restoration
 1826  Council shall also consider the propriety of the recommendations
 1827  of the managing entity with regard to the future use of the
 1828  property, the protection of fragile or nonrenewable resources,
 1829  the potential for alternative or multiple uses not recognized by
 1830  the managing entity, and the possibility of disposal of the
 1831  property by the board of trustees. After its review, the council
 1832  shall submit the plan, along with its recommendations and
 1833  comments, to the board of trustees. The council shall
 1834  specifically recommend to the board of trustees whether to
 1835  approve the plan as submitted, approve the plan with
 1836  modifications, or reject the plan. If the council fails to make
 1837  a recommendation for a land management plan, the Secretary of
 1838  Environmental Protection, Commissioner of Agriculture, or
 1839  executive director of the Fish and Wildlife Conservation
 1840  Commission or their designees shall submit the land management
 1841  plan to the board of trustees.
 1842         (h) The board of trustees shall consider the land
 1843  management plan submitted by each entity and the recommendations
 1844  of the Acquisition and Restoration Council and the Division of
 1845  State Lands and shall approve the plan with or without
 1846  modification or reject such plan. The use or possession of any
 1847  such lands that is not in accordance with an approved land
 1848  management plan is subject to termination by the board of
 1849  trustees.
 1850         (i)1. State nonconservation lands shall be managed to
 1851  provide the greatest benefit to the state. State nonconservation
 1852  lands may be grouped by similar land use types under one land
 1853  use plan. Each land use plan shall, at a minimum, contain the
 1854  following elements:
 1855         a. A physical description of the land to include any
 1856  significant natural or cultural resources as well as management
 1857  strategies developed by the land manager to protect such
 1858  resources.
 1859         b. A desired development outcome.
 1860         c. A schedule for achieving the desired development
 1861  outcome.
 1862         d. A description of both short-term and long-term
 1863  development goals.
 1864         e. A management and control plan for invasive nonnative
 1865  plants.
 1866         f. A management and control plan for soil erosion and soil
 1867  and water contamination.
 1868         g. Measureable objectives to achieve the goals identified
 1869  in the land use plan.
 1870         2. Short-term goals shall be achievable within a 5-year
 1871  planning period and long-term goals shall be achievable within a
 1872  10-year planning period.
 1873         3. The use or possession of any such lands that is not in
 1874  accordance with an approved land use plan is subject to
 1875  termination by the board of trustees.
 1876         4. Land use plans submitted by a manager shall include
 1877  reference to appropriate statutory authority for such use or
 1878  uses and shall conform to the appropriate policies and
 1879  guidelines of the state land management plan.
 1880         Section 24. Subsection (1) of section 253.0341, Florida
 1881  Statutes, is amended to read:
 1882         253.0341 Surplus of state-owned lands.—
 1883         (1) The board of trustees shall determine which lands, the
 1884  title to which is vested in the board, may be surplused. For all
 1885  conservation lands, the Acquisition and Restoration Council
 1886  shall make a recommendation to the board of trustees, and the
 1887  board of trustees shall determine whether the lands are no
 1888  longer needed for conservation purposes. If the board of
 1889  trustees determines the lands are no longer needed for
 1890  conservation purposes, it may dispose of such lands by an
 1891  affirmative vote of at least three members. In the case of a
 1892  land exchange involving the disposition of conservation lands,
 1893  the board of trustees must determine by an affirmative vote of
 1894  at least three members that the exchange will result in a net
 1895  positive conservation benefit. For all nonconservation lands,
 1896  the board of trustees shall determine whether the lands are no
 1897  longer needed. If the board of trustees determines the lands are
 1898  no longer needed, it may dispose of such lands by an affirmative
 1899  vote of at least three members. Local government requests for
 1900  the state to surplus conservation or nonconservation lands,
 1901  whether for purchase, or exchange, or any other means of
 1902  transfer, must shall be expedited throughout the surplusing
 1903  process. Property jointly acquired by the state and other
 1904  entities may not be surplused without the consent of all joint
 1905  owners.
 1906         Section 25. Subsection (2) of section 288.101, Florida
 1907  Statutes, is amended to read:
 1908         288.101 Florida Job Growth Grant Fund.—
 1909         (2) The department and Enterprise Florida, Inc., may
 1910  identify projects, solicit proposals, and make funding
 1911  recommendations to the Governor, who is authorized to approve:
 1912         (a) State or local public infrastructure projects to
 1913  promote:
 1914         1. Economic recovery in specific regions of this the
 1915  state;,
 1916         2. Economic diversification;, or
 1917         3. Economic enhancement in a targeted industry.
 1918         (b) State or local public infrastructure projects to
 1919  facilitate the development or construction of affordable
 1920  housing. This paragraph is repealed July 1, 2033.
 1921         (c) Infrastructure funding to accelerate the rehabilitation
 1922  of the Herbert Hoover Dike. The department or the South Florida
 1923  Water Management District may enter into agreements, as
 1924  necessary, with the United States Army Corps of Engineers to
 1925  implement this paragraph.
 1926         (d)(c) Workforce training grants to support programs at
 1927  state colleges and state technical centers that provide
 1928  participants with transferable, sustainable workforce skills
 1929  applicable to more than a single employer, and for equipment
 1930  associated with these programs. The department shall work with
 1931  CareerSource Florida, Inc., to ensure programs are offered to
 1932  the public based on criteria established by the state college or
 1933  state technical center and do not exclude applicants who are
 1934  unemployed or underemployed.
 1935         Section 26. Section 420.0003, Florida Statutes, is amended
 1936  to read:
 1937         (Substantial rewording of section. See
 1938         s. 420.0003, F.S., for present text.)
 1939         420.0003State housing strategy.—
 1940         (1) LEGISLATIVE INTENT.It is the intent of this act to
 1941  articulate a state housing strategy that will carry the state
 1942  toward the goal of ensuring that each Floridian has safe,
 1943  decent, and affordable housing. This strategy must involve state
 1944  and local governments working in partnership with communities
 1945  and the private sector and must involve financial, as well as
 1946  regulatory, commitment to accomplish this goal.
 1947         (2) POLICIES.
 1948         (a) Housing production and rehabilitation programs.
 1949  Programs to encourage housing production or rehabilitation must
 1950  be guided by the following general policies, as appropriate for
 1951  the purpose of the specific program:
 1952         1. State and local governments shall provide incentives to
 1953  encourage the private sector to be the primary delivery vehicle
 1954  for the development of affordable housing. When possible, state
 1955  funds should be heavily leveraged to achieve the maximum
 1956  federal, local, and private commitment of funds and be used to
 1957  ensure long-term affordability. To the maximum extent possible,
 1958  state funds should be expended to create new housing stock and
 1959  be used for repayable loans rather than grants. Local incentives
 1960  to stimulate private sector development of affordable housing
 1961  may include establishment of density bonus incentives.
 1962         2. State and local governments should consider and
 1963  implement innovative solutions to housing issues where
 1964  appropriate. Innovative solutions include, but are not limited
 1965  to:
 1966         a.Utilizing publicly held land to develop affordable
 1967  housing through state or local land purchases, long-term land
 1968  leasing, and school district affordable housing programs. To the
 1969  maximum extent possible, state-owned lands that are appropriate
 1970  for the development of affordable housing must be made available
 1971  for that purpose.
 1972         b.Community-led planning that focuses on urban infill,
 1973  flexible zoning, redevelopment of commercial property into
 1974  mixed-use property, resiliency, and furthering development in
 1975  areas with preexisting public services, such as wastewater,
 1976  transit, and schools.
 1977         c.Project features that maximize efficiency in land and
 1978  resource use, such as high density, high rise, and mixed use.
 1979         d. Mixed-income projects that facilitate more diverse and
 1980  successful communities.
 1981         e.Modern housing concepts such as manufactured homes, tiny
 1982  homes, 3D-printed homes, and accessory dwelling units.
 1983         3. State funds should be available only to local
 1984  governments that provide incentives or financial assistance for
 1985  housing. State funding for housing should not be made available
 1986  to local governments whose comprehensive plans have been found
 1987  not in compliance with chapter 163 and who have not entered into
 1988  a stipulated settlement agreement with the department to bring
 1989  the plans into compliance. State funds should be made available
 1990  only for projects consistent with the local government’s
 1991  comprehensive plan.
 1992         4. Local governments are encouraged to enter into
 1993  interlocal agreements, as appropriate, to coordinate strategies
 1994  and maximize the use of state and local funds.
 1995         5. State-funded development should emphasize use of
 1996  developed land, urban infill, and the transformation of existing
 1997  infrastructure in order to minimize sprawl, separation of
 1998  housing from employment, and effects of increased housing on
 1999  ecological preservation areas. Housing available to the state’s
 2000  workforce should prioritize proximity to employment and
 2001  services.
 2002         (b) Public-private partnerships.Cost-effective public
 2003  private partnerships must emphasize production and preservation
 2004  of affordable housing.
 2005         1. Data must be developed and maintained on the affordable
 2006  housing activities of local governments, community-based
 2007  organizations, and private developers.
 2008         2. The state shall assist local governments and community
 2009  based organizations by providing training and technical
 2010  assistance.
 2011         3. In coordination with local activities and with federal
 2012  initiatives, the state shall provide incentives for public
 2013  sector and private sector development of affordable housing.
 2014         (c) Preservation of housing stock.—The existing stock of
 2015  affordable housing must be preserved and improved through
 2016  rehabilitation programs and expanded neighborhood revitalization
 2017  efforts to promote suitable living environments for individuals
 2018  and families.
 2019         (d)Unique housing needs.The wide range of need for safe,
 2020  decent, and affordable housing must be addressed, with an
 2021  emphasis on assisting the neediest persons.
 2022         1. State housing programs must promote the self-sufficiency
 2023  and economic dignity of the people of this state, including
 2024  elderly persons and persons with disabilities.
 2025         2. The housing requirements of special needs populations
 2026  must be addressed through programs that promote a range of
 2027  housing options bolstering integration with the community.
 2028         3. All housing initiatives and programs must be
 2029  nondiscriminatory.
 2030         4. The geographic distribution of resources must provide
 2031  for the development of housing in rural and urban areas.
 2032         5.The important contribution of public housing to the
 2033  well-being of citizens in need shall be acknowledged through
 2034  efforts to continue and bolster existing programs. State and
 2035  local government funds allocated to enhance public housing must
 2036  be used to supplement, not supplant, federal support.
 2037         (3) IMPLEMENTATION.—The state, in carrying out the strategy
 2038  articulated in this section, shall have the following duties:
 2039         (a) State fiscal resources must be directed to achieve the
 2040  following programmatic objectives:
 2041         1. Effective technical assistance and capacity-building
 2042  programs must be established at the state and local levels.
 2043         2. The Shimberg Center for Housing Studies at the
 2044  University of Florida shall develop and maintain statewide data
 2045  on housing needs and production, provide technical assistance
 2046  relating to real estate development and finance, operate an
 2047  information clearinghouse on housing programs, and coordinate
 2048  state housing initiatives with local government and federal
 2049  programs.
 2050         3.The corporation shall maintain a consumer-focused
 2051  website for connecting tenants with affordable housing.
 2052         (b) The long-range program plan of the department must
 2053  include specific goals, objectives, and strategies that
 2054  implement the housing policies in this section.
 2055         (c)The Shimberg Center for Housing Studies at the
 2056  University of Florida, in consultation with the department and
 2057  the corporation, shall perform functions related to the research
 2058  and planning for affordable housing. Functions must include
 2059  quantifying affordable housing needs, documenting results of
 2060  programs administered, and inventorying the supply of affordable
 2061  housing units made available in this state. The recommendations
 2062  required in this section and a report of any programmatic
 2063  modifications made as a result of these policies must be
 2064  included in the housing report required by s. 420.6075. The
 2065  report must identify the needs of specific populations,
 2066  including, but not limited to, elderly persons, persons with
 2067  disabilities, and persons with special needs, and may recommend
 2068  statutory modifications when appropriate.
 2069         (d)The Office of Program Policy Analysis and Government
 2070  Accountability (OPPAGA) shall evaluate affordable housing issues
 2071  pursuant to the schedule set forth in this paragraph. OPPAGA may
 2072  coordinate with and rely upon the expertise and research
 2073  activities of the Shimberg Center for Housing Studies in
 2074  conducting the evaluations. The analysis may include relevant
 2075  reports prepared by the Shimberg Center for Housing Studies, the
 2076  department, the corporation, and the provider of the Affordable
 2077  Housing Catalyst Program; interviews with the agencies,
 2078  providers, offices, developers, and other organizations related
 2079  to the development and provision of affordable housing at the
 2080  state and local levels; and any other relevant data. When
 2081  appropriate, each report must recommend policy and statutory
 2082  modifications for consideration by the Legislature. Each report
 2083  must be submitted to the President of the Senate and the Speaker
 2084  of the House of Representatives pursuant to the schedule. OPPAGA
 2085  shall review and evaluate:
 2086         1.By December 15, 2023, and every 5 years thereafter,
 2087  innovative affordable housing strategies implemented by other
 2088  states, their effectiveness, and their potential for
 2089  implementation in this state.
 2090         2.By December 15, 2024, and every 5 years thereafter,
 2091  affordable housing policies enacted by local governments, their
 2092  effectiveness, and which policies constitute best practices for
 2093  replication across this state. The report must include a review
 2094  and evaluation of the extent to which interlocal cooperation is
 2095  used, effective, or hampered.
 2096         3.By December 15, 2025, and every 5 years thereafter,
 2097  existing state-level housing rehabilitation, production,
 2098  preservation, and finance programs to determine their
 2099  consistency with relevant policies in this section and
 2100  effectiveness in providing affordable housing. The report must
 2101  also include an evaluation of the degree of coordination between
 2102  housing programs of this state, and between state, federal, and
 2103  local housing activities, and shall recommend improved program
 2104  linkages when appropriate.
 2105         (e) The department and the corporation should conform the
 2106  administrative rules for each housing program to the policies
 2107  stated in this section, provided that such changes in the rules
 2108  are consistent with the statutory intent or requirements for the
 2109  program. This authority applies only to programs offering loans,
 2110  grants, or tax credits and only to the extent that state
 2111  policies are consistent with applicable federal requirements.
 2112         Section 27. Subsection (36) of section 420.503, Florida
 2113  Statutes, is amended to read:
 2114         420.503 Definitions.—As used in this part, the term:
 2115         (36) “Qualified contract” has the same meaning as in 26
 2116  U.S.C. s. 42(h)(6)(F) in effect on the date of the preliminary
 2117  determination certificate for the low-income housing tax credits
 2118  for the development that is the subject of the qualified
 2119  contract request, unless the Internal Revenue Code requires a
 2120  different statute or regulation to apply to the development. The
 2121  corporation shall deem a bona fide contract to be a qualified
 2122  contract at the time the bona fide contract is presented to the
 2123  owner and the initial second earnest money deposit is deposited
 2124  in escrow in accordance with the terms of the bona fide
 2125  contract, and, in such event, the corporation is deemed to have
 2126  fulfilled its responsibility to present the owner with a
 2127  qualified contract.
 2128         Section 28. Subsection (3) and paragraph (a) of subsection
 2129  (4) of section 420.504, Florida Statutes, are amended to read:
 2130         420.504 Public corporation; creation, membership, terms,
 2131  expenses.—
 2132         (3) The corporation is a separate budget entity and is not
 2133  subject to control, supervision, or direction by the department
 2134  of Economic Opportunity in any manner, including, but not
 2135  limited to, personnel, purchasing, transactions involving real
 2136  or personal property, and budgetary matters. The corporation
 2137  shall consist of a board of directors composed of the Secretary
 2138  of Economic Opportunity as an ex officio and voting member, or a
 2139  senior-level agency employee designated by the secretary, one
 2140  member appointed by the President of the Senate, one member
 2141  appointed by the Speaker of the House of Representatives, and
 2142  eight members appointed by the Governor subject to confirmation
 2143  by the Senate from the following:
 2144         (a) One citizen actively engaged in the residential home
 2145  building industry.
 2146         (b) One citizen actively engaged in the banking or mortgage
 2147  banking industry.
 2148         (c) One citizen who is a representative of those areas of
 2149  labor engaged in home building.
 2150         (d) One citizen with experience in housing development who
 2151  is an advocate for low-income persons.
 2152         (e) One citizen actively engaged in the commercial building
 2153  industry.
 2154         (f) One citizen who is a former local government elected
 2155  official.
 2156         (g) Two citizens of the state who are not principally
 2157  employed as members or representatives of any of the groups
 2158  specified in paragraphs (a)-(f).
 2159         (4)(a) Members of the corporation shall be appointed for
 2160  terms of 4 years, except that any vacancy shall be filled for
 2161  the unexpired term. Vacancies on the board shall be filled by
 2162  appointment by the Governor, the President of the Senate, or the
 2163  Speaker of the House of Representatives, respectively, depending
 2164  on who appointed the member whose vacancy is to be filled or
 2165  whose term has expired.
 2166         Section 29. Subsection (30) of section 420.507, Florida
 2167  Statutes, is amended to read:
 2168         420.507 Powers of the corporation.—The corporation shall
 2169  have all the powers necessary or convenient to carry out and
 2170  effectuate the purposes and provisions of this part, including
 2171  the following powers which are in addition to all other powers
 2172  granted by other provisions of this part:
 2173         (30) To prepare and submit to the Secretary of Economic
 2174  Opportunity a budget request for purposes of the corporation,
 2175  which request must shall, notwithstanding the provisions of
 2176  chapter 216 and in accordance with s. 216.351, contain a request
 2177  for operational expenditures and separate requests for other
 2178  authorized corporation programs. The request must include, for
 2179  informational purposes, the amount of state funds necessary to
 2180  use all federal housing funds anticipated to be received by, or
 2181  allocated to, the state in the fiscal year in order to maximize
 2182  the production of new, affordable multifamily housing units in
 2183  this state. The request need not contain information on the
 2184  number of employees, salaries, or any classification thereof,
 2185  and the approved operating budget therefor need not comply with
 2186  s. 216.181(8)-(10). The secretary may include within the
 2187  department’s budget request the corporation’s budget request in
 2188  the form as authorized by this section.
 2189         Section 30. The amendment made by this act to s.
 2190  420.507(30), Florida Statutes, expires July 1, 2033, and the
 2191  text of that subsection shall revert to that in existence on
 2192  June 30, 2023, except that any amendments to such text enacted
 2193  other than by this act shall be preserved and continue to
 2194  operate to the extent that such amendments are not dependent
 2195  upon the portions of text which expire pursuant to this section.
 2196         Section 31. Subsection (10) of section 420.5087, Florida
 2197  Statutes, is amended to read:
 2198         420.5087 State Apartment Incentive Loan Program.—There is
 2199  hereby created the State Apartment Incentive Loan Program for
 2200  the purpose of providing first, second, or other subordinated
 2201  mortgage loans or loan guarantees to sponsors, including for
 2202  profit, nonprofit, and public entities, to provide housing
 2203  affordable to very-low-income persons.
 2204         (10) The corporation may prioritize a portion of the
 2205  program funds set aside under paragraph (3)(d) for persons with
 2206  special needs as defined in s. 420.0004(13) to provide funding
 2207  for the development of newly constructed permanent rental
 2208  housing on a campus that provides housing for persons in foster
 2209  care or persons aging out of foster care pursuant to s.
 2210  409.1451. Such housing shall promote and facilitate access to
 2211  community-based supportive, educational, and employment services
 2212  and resources that assist persons aging out of foster care to
 2213  successfully transition to independent living and adulthood. The
 2214  corporation must consult with the Department of Children and
 2215  Families to create minimum criteria for such housing.
 2216         Section 32. Section 420.50871, Florida Statutes, is created
 2217  to read:
 2218         420.50871 Allocation of increased revenues derived from
 2219  amendments to s. 201.15 made by this act.—Funds that result from
 2220  increased revenues to the State Housing Trust Fund derived from
 2221  amendments made to s. 201.15 made by this act must be used
 2222  annually for projects under the State Apartment Incentive Loan
 2223  Program under s. 420.5087 as set forth in this section,
 2224  notwithstanding ss. 420.507(48) and (50) and 420.5087(1) and
 2225  (3). The Legislature intends for these funds to provide for
 2226  innovative projects that provide affordable and attainable
 2227  housing for persons and families working, going to school, or
 2228  living in this state. Projects approved under this section are
 2229  intended to provide housing that is affordable as defined in s.
 2230  420.0004, notwithstanding the income limitations in s.
 2231  420.5087(2). Beginning in the 2023-2024 fiscal year and annually
 2232  for 10 years thereafter:
 2233         (1)The corporation shall allocate 70 percent of the funds
 2234  provided by this section to issue competitive requests for
 2235  application for the affordable housing project purposes
 2236  specified in this subsection. The corporation shall finance
 2237  projects that:
 2238         (a)Both redevelop an existing affordable housing
 2239  development and provide for the construction of a new
 2240  development within close proximity to the existing development
 2241  to be rehabilitated. Each project must provide for building the
 2242  new affordable housing development first, relocating the tenants
 2243  of the existing development to the new development, and then
 2244  demolishing the existing development for reconstruction of an
 2245  affordable housing development with more overall and affordable
 2246  units.
 2247         (b)Address urban infill, including conversions of vacant,
 2248  dilapidated, or functionally obsolete buildings or the use of
 2249  underused commercial property.
 2250         (c)Provide for mixed use of the location, incorporating
 2251  nonresidential uses, such as retail, office, institutional, or
 2252  other appropriate commercial or nonresidential uses.
 2253         (d)Provide housing near military installations in this
 2254  state, with preference given to projects that incorporate
 2255  critical services for servicemembers, their families, and
 2256  veterans, such as mental health treatment services, employment
 2257  services, and assistance with transition from active-duty
 2258  service to civilian life.
 2259         (2)From the remaining funds, the corporation shall
 2260  allocate the funds to issue competitive requests for application
 2261  for any of the following affordable housing purposes specified
 2262  in this subsection. The corporation shall finance projects that:
 2263         (a)Propose using or leasing public lands. Projects that
 2264  propose to use or lease public lands must include a resolution
 2265  or other agreement with the unit of government owning the land
 2266  to use the land for affordable housing purposes.
 2267         (b)Address the needs of young adults who age out of the
 2268  foster care system.
 2269         (c)Meet the needs of elderly persons.
 2270         (d)Provide housing to meet the needs in areas of rural
 2271  opportunity, designated pursuant to s. 288.0656.
 2272         (3)Under any request for application under this section,
 2273  the corporation shall coordinate with the appropriate state
 2274  department or agency and prioritize projects that provide for
 2275  mixed-income developments.
 2276         (4)This section does not prohibit the corporation from
 2277  allocating additional funds to the purposes described in this
 2278  section. In any fiscal year, if the funds allocated by the
 2279  corporation to any request for application under subsections (1)
 2280  and (2) are not fully used after the application and award
 2281  processes are complete, the corporation may use those funds to
 2282  supplement any future request for application under this
 2283  section.
 2284         (5)This section is repealed June 30, 2033.
 2285         Section 33. The Division of Law Revision is directed to
 2286  replace the phrase “this act” wherever it occurs in s.
 2287  420.50871, Florida Statutes, as created by this act, with the
 2288  assigned chapter number of this act.
 2289         Section 34. Section 420.50872, Florida Statutes, is created
 2290  to read:
 2291         420.50872Live Local Program.—
 2292         (1)DEFINITIONS.—As used in this section, the term:
 2293         (a)“Annual tax credit amount” means, for any state fiscal
 2294  year, the sum of the amount of tax credits approved under
 2295  paragraph (3)(a), including tax credits to be taken under s.
 2296  220.1878 or s. 624.51058, which are approved for taxpayers whose
 2297  taxable years begin on or after January 1 of the calendar year
 2298  preceding the start of the applicable state fiscal year.
 2299         (b)“Eligible contribution” means a monetary contribution
 2300  from a taxpayer, subject to the restrictions provided in this
 2301  section, to the corporation for use in the State Apartment
 2302  Incentive Loan Program under s. 420.5087. The taxpayer making
 2303  the contribution may not designate a specific project, property,
 2304  or geographic area of this state as the beneficiary of the
 2305  eligible contribution.
 2306         (c)“Live Local Program” means the program described in
 2307  this section whereby eligible contributions are made to the
 2308  corporation.
 2309         (d)“Tax credit cap amount” means the maximum annual tax
 2310  credit amount that the Department of Revenue may approve for a
 2311  state fiscal year.
 2312         (2)RESPONSIBILITIES OF THE CORPORATION.—The corporation
 2313  shall:
 2314         (a)Expend 100 percent of eligible contributions received
 2315  under this section for the State Apartment Incentive Loan
 2316  Program under s. 420.5087. However, the corporation may use up
 2317  to $25 million of eligible contributions to provide loans for
 2318  the construction of large-scale projects of significant regional
 2319  impact. Such projects must include a substantial civic,
 2320  educational, or health care use and may include a commercial
 2321  use, any of which must be incorporated within or contiguous to
 2322  the project property. Such a loan must be made, except as
 2323  otherwise provided in this subsection, in accordance with the
 2324  practices and policies of the State Apartment Incentive Loan
 2325  Program. Such a loan is subject to the competitive application
 2326  process and may not exceed 25 percent of the total project cost.
 2327  The corporation must find that the loan provides a unique
 2328  opportunity for investment alongside local government
 2329  participation that would enable creation of a significant amount
 2330  of affordable housing. Projects approved under this section are
 2331  intended to provide housing that is affordable as defined in s.
 2332  420.0004, notwithstanding the income limitations in s.
 2333  420.5087(2).
 2334         (b)Upon receipt of an eligible contribution, provide the
 2335  taxpayer that made the contribution with a certificate of
 2336  contribution. A certificate of contribution must include the
 2337  taxpayer’s name; its federal employer identification number, if
 2338  available; the amount contributed; and the date of contribution.
 2339         (c)Within 10 days after issuing a certificate of
 2340  contribution, provide a copy to the Department of Revenue.
 2341         (3)LIVE LOCAL TAX CREDITS; APPLICATIONS, TRANSFERS, AND
 2342  LIMITATIONS.—
 2343         (a)Beginning in the 2023-2024 fiscal year, the tax credit
 2344  cap amount is $100 million in each state fiscal year.
 2345         (b)Beginning October 1, 2023, a taxpayer may submit an
 2346  application to the Department of Revenue for an allocation of
 2347  the tax credit cap for tax credits to be taken under either or
 2348  both of s. 220.1878 or s. 624.51058.
 2349         1.The taxpayer shall specify in the application each tax
 2350  for which the taxpayer requests a credit and the applicable
 2351  taxable year. For purposes of s. 220.1878, a taxpayer may apply
 2352  for a credit to be used for a prior taxable year before the date
 2353  the taxpayer is required to file a return for that year pursuant
 2354  to s. 220.222. For purposes of s. 624.51058, a taxpayer may
 2355  apply for a credit to be used for a prior taxable year before
 2356  the date the taxpayer is required to file a return for that
 2357  prior taxable year pursuant to ss. 624.509 and 624.5092. The
 2358  Department of Revenue shall approve tax credits on a first-come,
 2359  first-served basis.
 2360         2.Within 10 days after approving or denying an
 2361  application, the Department of Revenue shall provide a copy of
 2362  its approval or denial letter to the corporation.
 2363         (c)If a tax credit approved under paragraph (b) is not
 2364  fully used for the specified taxable year for credits under s.
 2365  220.1878 or s. 624.51058 because of insufficient tax liability
 2366  on the part of the taxpayer, the unused amount may be carried
 2367  forward for a period not to exceed 10 taxable years. For
 2368  purposes of s. 220.1878, a credit carried forward may be used in
 2369  a subsequent year after applying the other credits and unused
 2370  carryovers in the order provided in s. 220.02(8).
 2371         (d)A taxpayer may not convey, transfer, or assign an
 2372  approved tax credit or a carryforward tax credit to another
 2373  entity unless all of the assets of the taxpayer are conveyed,
 2374  assigned, or transferred in the same transaction. However, a tax
 2375  credit under s. 220.1878 or s. 624.51058 may be conveyed,
 2376  transferred, or assigned between members of an affiliated group
 2377  of corporations if the type of tax credit under s. 220.1878 or
 2378  s. 624.51058 remains the same. A taxpayer shall notify the
 2379  Department of Revenue of its intent to convey, transfer, or
 2380  assign a tax credit to another member within an affiliated group
 2381  of corporations. The amount conveyed, transferred, or assigned
 2382  is available to another member of the affiliated group of
 2383  corporations upon approval by the Department of Revenue.
 2384         (e)Within any state fiscal year, a taxpayer may rescind
 2385  all or part of a tax credit allocation approved under paragraph
 2386  (b). The amount rescinded must become available for that state
 2387  fiscal year to another eligible taxpayer as approved by the
 2388  Department of Revenue if the taxpayer receives notice from the
 2389  Department of Revenue that the rescindment has been accepted by
 2390  the Department of Revenue. Any amount rescinded under this
 2391  paragraph must become available to an eligible taxpayer on a
 2392  first-come, first-served basis based on tax credit applications
 2393  received after the date the rescindment is accepted by the
 2394  Department of Revenue.
 2395         (f)Within 10 days after approving or denying the
 2396  conveyance, transfer, or assignment of a tax credit under
 2397  paragraph (d), or the rescindment of a tax credit under
 2398  paragraph (e), the Department of Revenue shall provide a copy of
 2399  its approval or denial letter to the corporation.
 2400         (g)For purposes of calculating the underpayment of
 2401  estimated corporate income taxes under s. 220.34 and tax
 2402  installment payments for taxes on insurance premiums or
 2403  assessments under s. 624.5092, the final amount due is the
 2404  amount after credits earned under s. 220.1878 or s. 624.51058
 2405  for contributions to eligible charitable organizations are
 2406  deducted.
 2407         1.For purposes of determining if a penalty or interest
 2408  under s. 220.34(2)(d)1. will be imposed for underpayment of
 2409  estimated corporate income tax, a taxpayer may, after earning a
 2410  credit under s. 220.1878, reduce any estimated payment in that
 2411  taxable year by the amount of the credit.
 2412         2.For purposes of determining if a penalty under s.
 2413  624.5092 will be imposed, an insurer, after earning a credit
 2414  under s. 624.51058 for a taxable year, may reduce any
 2415  installment payment for such taxable year of 27 percent of the
 2416  amount of the net tax due as reported on the return for the
 2417  preceding year under s. 624.5092(2)(b) by the amount of the
 2418  credit.
 2419         (4)PRESERVATION OF CREDIT.—If any provision or portion of
 2420  this section, s. 220.1878, or s. 624.51058 or the application
 2421  thereof to any person or circumstance is held unconstitutional
 2422  by any court or is otherwise declared invalid, the
 2423  unconstitutionality or invalidity does not affect any credit
 2424  earned under s. 220.1878 or s. 624.51058 by any taxpayer with
 2425  respect to any contribution paid to the Live Local Program
 2426  before the date of a determination of unconstitutionality or
 2427  invalidity. The credit must be allowed at such time and in such
 2428  a manner as if a determination of unconstitutionality or
 2429  invalidity had not been made, provided that nothing in this
 2430  subsection by itself or in combination with any other provision
 2431  of law may result in the allowance of any credit to any taxpayer
 2432  in excess of $1 of credit for each dollar paid to an eligible
 2433  charitable organization.
 2434         (5)ADMINISTRATION; RULES.—
 2435         (a)The Department of Revenue and the corporation may
 2436  develop a cooperative agreement to assist in the administration
 2437  of this section, as needed.
 2438         (b)The Department of Revenue may adopt rules necessary to
 2439  administer this section, s. 220.1878, and s. 624.51058,
 2440  including rules establishing application forms, procedures
 2441  governing the approval of tax credits and carryforward tax
 2442  credits under subsection (3), and procedures to be followed by
 2443  taxpayers when claiming approved tax credits on their returns.
 2444         (c)By August 15, 2023, and by each August 15 thereafter,
 2445  the Department of Revenue shall determine the 500 taxpayers with
 2446  the greatest total corporate income or franchise tax due as
 2447  reported on the taxpayer’s return filed pursuant to s. 220.22
 2448  during the previous calendar year and notify those taxpayers of
 2449  the existence of the Live Local Program and the process for
 2450  obtaining an allocation of the tax credit cap. The Department of
 2451  Revenue shall confer with the corporation in the drafting of the
 2452  notification. The Department of Revenue may provide this
 2453  notification by electronic means.
 2454         Section 35. Section 420.5096, Florida Statutes, is created
 2455  to read:
 2456         420.5096Florida Hometown Hero Program.—
 2457         (1) The Legislature finds that individual homeownership is
 2458  vital to building long-term housing and financial security. With
 2459  rising home prices, down payment and closing costs are often
 2460  significant barriers to homeownership for working Floridians.
 2461  Each person in Florida’s hometown workforce is essential to
 2462  creating thriving communities, and the Legislature finds that
 2463  the ability of Floridians to reside within the communities in
 2464  which they work is of great importance. Therefore, the
 2465  Legislature finds that providing assistance to homebuyers in
 2466  this state by reducing the amount of down payment and closing
 2467  costs is a necessary step toward expanding access to
 2468  homeownership and achieving safe, decent, and affordable housing
 2469  for all Floridians.
 2470         (2)The Florida Hometown Hero Program is created to assist
 2471  Florida’s hometown workforce in attaining homeownership by
 2472  providing financial assistance to residents to purchase a home
 2473  as their primary residence. Under the program, a borrower may
 2474  apply to the corporation for a loan to reduce the amount of the
 2475  down payment and closing costs paid by the borrower by a minimum
 2476  of $10,000 and up to 5 percent of the first mortgage loan, not
 2477  exceeding $35,000. Loans must be made available at a zero
 2478  percent interest rate and must be made available for the term of
 2479  the first mortgage. The balance of any loan is due at closing if
 2480  the property is sold, refinanced, rented, or transferred, unless
 2481  otherwise approved by the corporation.
 2482         (3) For loans made available pursuant to s.
 2483  420.507(23)(a)1. or 2., the corporation may underwrite and make
 2484  those mortgage loans through the program to persons or families
 2485  who have household incomes that do not exceed 150 percent of the
 2486  state median income or local median income, whichever is
 2487  greater. A borrower must be seeking to purchase a home as a
 2488  primary residence; a first-time homebuyer and a Florida
 2489  resident; and employed full-time by a Florida-based employer.
 2490  The borrower must provide documentation of full-time employment,
 2491  or full-time status for self-employed individuals, of 35 hours
 2492  or more per week. The requirement to be a first-time homebuyer
 2493  does not apply to a borrower who is an active duty servicemember
 2494  of a branch of the armed forces or the Florida National Guard,
 2495  as defined in s. 250.01, or a veteran.
 2496         (4)Loans made under the Florida Hometown Hero Program may
 2497  be used for the purchase of manufactured homes, as defined in s.
 2498  320.01(2)(b), which were constructed after July 13, 1994, and
 2499  which are titled and financed as tangible personal property or
 2500  as real property.
 2501         (5) This program is intended to be evergreen, and
 2502  repayments for loans made under this program shall be retained
 2503  within the program to make additional loans.
 2504         Section 36. Subsection (3) is added to section 420.531,
 2505  Florida Statutes, to read:
 2506         420.531 Affordable Housing Catalyst Program.—
 2507         (3) The corporation may contract with the entity providing
 2508  statewide training and technical assistance to provide technical
 2509  assistance to local governments to establish selection criteria
 2510  and related provisions for requests for proposals or other
 2511  competitive solicitations for use or lease of government-owned
 2512  real property for affordable housing purposes. The entity
 2513  providing statewide training and technical assistance may
 2514  develop best practices or other key elements for successful use
 2515  of public property for affordable housing, in conjunction with
 2516  technical support provided under subsection (1).
 2517         Section 37. Section 420.6075, Florida Statutes, is amended
 2518  to read:
 2519         420.6075 Research and planning for affordable housing;
 2520  annual housing report.—
 2521         (1) The research and planning functions of the department
 2522  shall include the collection of data on the need for affordable
 2523  housing in this state and the extent to which that need is being
 2524  met through federal, state, and local programs, in order to
 2525  facilitate planning to meet the housing needs in this state and
 2526  to enable the development of sound strategies and programs for
 2527  affordable housing. To fulfill this function, the Shimberg
 2528  Center for Housing Studies Affordable Housing at the University
 2529  of Florida shall perform the following functions:
 2530         (a) Quantify affordable housing needs in this the state by
 2531  analyzing available data, including information provided through
 2532  the housing elements of local comprehensive plans, and identify
 2533  revisions in the housing element data requirements that would
 2534  result in more uniform, meaningful information being obtained.
 2535         (b) Document the results since 1980 of all programs
 2536  administered by the department which provide for or act as
 2537  incentives for housing production or improvement. Data on
 2538  program results must include the number of units produced and
 2539  the unit cost under each program.
 2540         (c) Inventory the supply of affordable housing units made
 2541  available through federal, state, and local programs. Data on
 2542  the geographic distribution of affordable units must show the
 2543  availability of units in each county and municipality.
 2544         (2) By December 31 of each year, the Shimberg Center for
 2545  Housing Studies Affordable Housing shall submit to the
 2546  Legislature an updated housing report describing the supply of
 2547  and need for affordable housing. This annual housing report
 2548  shall include:
 2549         (a) A synopsis of training and technical assistance
 2550  activities and community-based organization housing activities
 2551  for the year.
 2552         (b) A status report on the degree of progress toward
 2553  meeting the housing objectives of the department’s agency
 2554  functional plan.
 2555         (c) Recommended housing initiatives for the next fiscal
 2556  year and recommended priorities for assistance to the various
 2557  target populations within the spectrum of housing need.
 2558         (3) The Shimberg Center for Housing Studies Affordable
 2559  Housing shall:
 2560         (a) Conduct research on program options to address the need
 2561  for affordable housing.
 2562         (b) Conduct research on training models to be replicated or
 2563  adapted to meet the needs of community-based organizations and
 2564  state and local government staff involved in housing
 2565  development.
 2566         Section 38. Paragraph (a) of subsection (1) of section
 2567  553.792, Florida Statutes, is amended to read:
 2568         553.792 Building permit application to local government.—
 2569         (1)(a) Within 10 days of an applicant submitting an
 2570  application to the local government, the local government shall
 2571  advise the applicant what information, if any, is needed to deem
 2572  the application properly completed in compliance with the filing
 2573  requirements published by the local government. If the local
 2574  government does not provide written notice that the applicant
 2575  has not submitted the properly completed application, the
 2576  application shall be automatically deemed properly completed and
 2577  accepted. Within 45 days after receiving a completed
 2578  application, a local government must notify an applicant if
 2579  additional information is required for the local government to
 2580  determine the sufficiency of the application, and shall specify
 2581  the additional information that is required. The applicant must
 2582  submit the additional information to the local government or
 2583  request that the local government act without the additional
 2584  information. While the applicant responds to the request for
 2585  additional information, the 120-day period described in this
 2586  subsection is tolled. Both parties may agree to a reasonable
 2587  request for an extension of time, particularly in the event of a
 2588  force majeure or other extraordinary circumstance. The local
 2589  government must approve, approve with conditions, or deny the
 2590  application within 120 days following receipt of a completed
 2591  application. A local government shall maintain on its website a
 2592  policy containing procedures and expectations for expedited
 2593  processing of those building permits and development orders
 2594  required by law to be expedited.
 2595         Section 39. Subsection (7) of section 624.509, Florida
 2596  Statutes, is amended to read:
 2597         624.509 Premium tax; rate and computation.—
 2598         (7) Credits and deductions against the tax imposed by this
 2599  section shall be taken in the following order: deductions for
 2600  assessments made pursuant to s. 440.51; credits for taxes paid
 2601  under ss. 175.101 and 185.08; credits for income taxes paid
 2602  under chapter 220 and the credit allowed under subsection (5),
 2603  as these credits are limited by subsection (6); the credit
 2604  allowed under s. 624.51057; the credit allowed under s.
 2605  624.51058; all other available credits and deductions.
 2606         Section 40. Paragraph (c) of subsection (1) of section
 2607  624.5105, Florida Statutes, is amended to read:
 2608         624.5105 Community contribution tax credit; authorization;
 2609  limitations; eligibility and application requirements;
 2610  administration; definitions; expiration.—
 2611         (1) AUTHORIZATION TO GRANT TAX CREDITS; LIMITATIONS.—
 2612         (c) The total amount of tax credit which may be granted for
 2613  all programs approved under this section and ss. 212.08(5)(p)
 2614  and 220.183 is $25 $14.5 million in the 2023-2024 2022-2023
 2615  fiscal year and in each fiscal year thereafter for projects that
 2616  provide housing opportunities for persons with special needs as
 2617  defined in s. 420.0004 or homeownership opportunities for low
 2618  income or very-low-income households as defined in s. 420.9071
 2619  and $4.5 million in the 2022-2023 fiscal year and in each fiscal
 2620  year thereafter for all other projects.
 2621         Section 41. Section 624.51058, Florida Statutes, is created
 2622  to read:
 2623         624.51058 Credit for contributions to the Live Local
 2624  Program.—
 2625         (1)For taxable years beginning on or after January 1,
 2626  2023, there is allowed a credit of 100 percent of an eligible
 2627  contribution made to the Live Local Program under s. 420.50872
 2628  against any tax due for a taxable year under s. 624.509(1) after
 2629  deducting from such tax deductions for assessments made pursuant
 2630  to s. 440.51; credits for taxes paid under ss. 175.101 and
 2631  185.08; credits for income taxes paid under chapter 220; and the
 2632  credit allowed under s. 624.509(5), as such credit is limited by
 2633  s. 624.509(6). An eligible contribution must be made to the Live
 2634  Local Program on or before the date the taxpayer is required to
 2635  file a return pursuant to ss. 624.509 and 624.5092. An insurer
 2636  claiming a credit against premium tax liability under this
 2637  section is not required to pay any additional retaliatory tax
 2638  levied under s. 624.5091 as a result of claiming such credit.
 2639  Section 624.5091 does not limit such credit in any manner.
 2640         (2)Section 420.50872 applies to the credit authorized by
 2641  this section.
 2642         Section 42. The Department of Economic Opportunity’s Keys
 2643  Workforce Housing Initiative, approved by the Administration
 2644  Commission on June 13, 2018, is considered an exception to the
 2645  evacuation time constraints of s. 380.0552(9)(a)2., Florida
 2646  Statutes, by requiring deed-restricted affordable workforce
 2647  housing properties receiving permit allocations to agree to
 2648  evacuate at least 48 hours in advance of hurricane landfall. A
 2649  comprehensive plan amendment approved by the Department of
 2650  Economic Opportunity to implement the initiative is hereby valid
 2651  and the respective local governments may adopt local ordinances
 2652  or regulations to implement such plan amendment.
 2653         Section 43. (1)The Department of Revenue is authorized,
 2654  and all conditions are deemed met, to adopt emergency rules
 2655  under s. 120.54(4), Florida Statutes, for the purpose of
 2656  implementing provisions related to the Live Local Program
 2657  created by this act. Notwithstanding any other law, emergency
 2658  rules adopted under this section are effective for 6 months
 2659  after adoption and may be renewed during the pendency of
 2660  procedures to adopt permanent rules addressing the subject of
 2661  the emergency rules.
 2662         (2)This section expires July 1, 2026.
 2663         Section 44. For the 2023-2024 fiscal year, the sum of $100
 2664  million in nonrecurring funds from the General Revenue Fund is
 2665  appropriated to the Florida Housing Finance Corporation to
 2666  implement the Florida Hometown Hero Housing Program established
 2667  in s. 420.5096, Florida Statutes, as created by this act.
 2668         Section 45. For the 2023-2024 fiscal year, the sum of $252
 2669  million in nonrecurring funds from the Local Government Housing
 2670  Trust Fund is appropriated in the Grants and Aids - Housing
 2671  Finance Corporation (HFC) - State Housing Initiatives
 2672  Partnership (SHIP) Program appropriation category to the Florida
 2673  Housing Finance Corporation.
 2674         Section 46. For the 2023-2024 fiscal year, the sum of $150
 2675  million in recurring funds and $109 million in nonrecurring
 2676  funds from the State Housing Trust Fund is appropriated in the
 2677  Grants and Aids - Housing Finance Corporation (HFC) - Affordable
 2678  Housing Programs appropriation category to the Florida Housing
 2679  Finance Corporation. The recurring funds are appropriated to
 2680  implement s. 420.50871, Florida Statutes, as created by this
 2681  act.
 2682         Section 47. For the 2022-2023 fiscal year, the sum of $100
 2683  million in nonrecurring funds from the General Revenue Fund is
 2684  appropriated to the Florida Housing Finance Corporation to
 2685  implement a competitive assistance loan program for new
 2686  construction projects in the development pipeline that have not
 2687  commenced construction and are experiencing verifiable cost
 2688  increases due to market inflation. These funds are intended to
 2689  support the corporation’s efforts to maintain the viability of
 2690  projects in the development pipeline as the unprecedented
 2691  economic factors coupled with the housing crisis makes it of
 2692  upmost importance to deliver much-needed affordable housing
 2693  units in communities in a timely manner. Eligible projects are
 2694  those that accepted an invitation to enter credit underwriting
 2695  by the corporation for funding during the period of time of July
 2696  1, 2020, through June 30, 2022. The corporation may establish
 2697  such criteria and application processes as necessary to
 2698  implement this section. The unexpended balance of funds
 2699  appropriated to the corporation as of June 30, 2023, shall
 2700  revert and is appropriated to the corporation for the same
 2701  purpose for the 2023-2024 fiscal year. Any funds not awarded by
 2702  December 1, 2023, must be used for the State Apartment Incentive
 2703  Loan Program under s. 420.5087, Florida Statutes. This section
 2704  is effective upon becoming a law.
 2705         Section 48. The Legislature finds and declares that this
 2706  act fulfills an important state interest.
 2707         Section 49. Except as otherwise expressly provided in this
 2708  act and except for this section, which shall take effect upon
 2709  becoming a law, this act shall take effect July 1, 2023.