Florida Senate - 2023                                     SB 220
       By Senator Rodriguez
       40-00585-23                                            2023220__
    1                        A bill to be entitled                      
    2         An act relating to taxation of affordable housing;
    3         creating s. 196.1979, F.S.; authorizing counties and
    4         municipalities to adopt ordinances to grant ad valorem
    5         tax exemptions to property owners whose properties are
    6         used to provide affordable housing; specifying
    7         requirements for eligibility for such exemptions;
    8         specifying limits on the amount of such exemptions;
    9         defining the term “affordable”; specifying
   10         requirements for ordinances granting such exemptions;
   11         specifying duties of boards of county commissioners
   12         and municipal governing bodies adopting ordinances
   13         granting such exemptions or repealing such ordinances;
   14         specifying duties of property appraisers; requiring
   15         owners of property that is improperly granted such
   16         exemptions to pay taxes, penalties, and interest;
   17         exempting property owners from payment of penalties or
   18         interest under certain circumstances; providing
   19         construction; providing applicability; providing an
   20         effective date.
   22  Be It Enacted by the Legislature of the State of Florida:
   24         Section 1. Section 196.1979, Florida Statutes, is created
   25  to read:
   26         196.1979County and municipal affordable housing property
   27  exemption.—
   28         (1)(a)Notwithstanding ss. 196.195 and 196.196, the board
   29  of county commissioners of a county or the governing body of a
   30  municipality may adopt an ordinance to grant an ad valorem
   31  property tax exemption for property used to provide affordable
   32  housing to persons or families meeting the extremely-low-income,
   33  very-low-income, low-income, or moderate-income limits specified
   34  in s. 420.0004. Such property is considered property used for a
   35  charitable purpose. To be eligible for the exemption, the
   36  property must be within a multifamily project containing 50 or
   37  more residential units, at least 10 percent of which are used to
   38  provide affordable housing meeting the requirements of this
   39  paragraph, and be subject to a recorded land use restriction
   40  agreement in favor of the Florida Housing Finance Corporation or
   41  any other governmental or quasi-governmental jurisdiction which
   42  requires that any units qualifying for the exemption be used to
   43  provide affordable housing. Except as provided in paragraph (b),
   44  eligible property may receive an exemption of up to 75 percent
   45  of the assessed value of the residential units used to provide
   46  affordable housing. For purposes of this subsection, the term
   47  “affordable” has the same meaning as in s. 420.0004.
   48         (b)Property eligible for the exemption under paragraph (a)
   49  may receive an exemption of up to 100 percent of the assessed
   50  value if 100 percent of the project’s residential units are used
   51  to provide affordable housing.
   52         (2)An ordinance granting the exemption authorized by this
   53  section must:
   54         (a)Be adopted under the procedures for adoption of a
   55  nonemergency ordinance by a board of county commissioners
   56  specified in chapter 125 or by a municipal governing body
   57  specified in chapter 166.
   58         (b)Require that a taxpayer claiming the exemption submit
   59  an application to the property appraiser no later than March 1
   60  of each year. The annual application must be accompanied by an
   61  affidavit from the taxpayer certifying that the taxpayer has
   62  verified that, at the time of application, each person or family
   63  occupying an exempt residential unit meets the household income
   64  limitations specified in paragraph (1)(a).
   65         (c)Specify that the exemption applies only to taxes levied
   66  by the unit of government granting the exemption.
   67         (d)Specify that the property may not receive an exemption
   68  authorized by this section after the expiration or repeal of the
   69  ordinance.
   70         (e)Identify the percentage of the assessed value that may
   71  be exempted, subject to the percentage limitations in subsection
   72  (1).
   73         (3)The board of county commissioners or municipal
   74  governing body must deliver a copy of any ordinance adopted
   75  under this section to the property appraiser no later than
   76  December 1 of the year before the year the exemption will take
   77  effect. If the ordinance is repealed, the board of county
   78  commissioners or municipal governing body must notify the
   79  property appraiser no later than December 1 of the year before
   80  the year the exemption is set to expire.
   81         (4)The property appraiser shall apply the exemption only
   82  to those portions of property which are used to provide
   83  affordable housing. Units that are vacant must be treated as
   84  portions of the affordable housing property exempt under this
   85  section if the use of the units is restricted to providing
   86  affordable housing to persons or families described in paragraph
   87  (1)(a) and a reasonable effort is made to lease the units to
   88  qualifying persons or families.
   89         (5)If the property appraiser determines that for any year
   90  during the immediately previous 10 years a property that was not
   91  entitled to an exemption under this section was granted such an
   92  exemption, the property appraiser must serve upon the property
   93  owner a notice of intent to record in the public records of the
   94  county a notice of tax lien against any property owned by that
   95  person in the county, and that property must be identified in
   96  the notice of tax lien. Any property owned by such person and
   97  situated in this state is subject to the taxes exempted by the
   98  improper exemption, plus a penalty of 50 percent of the unpaid
   99  taxes for each year and interest at a rate of 15 percent per
  100  annum. If an exemption is improperly granted as a result of a
  101  clerical mistake or an omission by the property appraiser, the
  102  property owner improperly receiving the exemption may not be
  103  assessed a penalty or interest.
  104         (6)Eligibility criteria other than those specified in
  105  paragraph (1)(a) may not be applied in determining whether
  106  property qualifies for an exemption under this section.
  107         Section 2. The creation by this act of s. 196.1979, Florida
  108  Statutes, first applies to the 2024 tax roll.
  109         Section 3. This act shall take effect July 1, 2023.