Florida Senate - 2024 SB 1440
By Senator Calatayud
38-00602A-24 20241440__
1 A bill to be entitled
2 An act relating to affordable housing property tax
3 exemptions for accessory dwelling units; amending s.
4 196.1979, F.S.; authorizing counties and
5 municipalities to exempt certain accessory dwelling
6 units from ad valorem taxation; deleting a provision
7 requiring the expiration of certain tax exemptions;
8 providing applicability; providing an effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Paragraphs (a) and (b) of subsection (1) and
13 subsection (5) of section 196.1979, Florida Statutes, are
14 amended to read:
15 196.1979 County and municipal affordable housing property
16 exemption.—
17 (1)(a) Notwithstanding ss. 196.195 and 196.196, the board
18 of county commissioners of a county or the governing body of a
19 municipality may adopt an ordinance to exempt those portions of
20 property used to provide affordable housing meeting the
21 requirements of this section. Such property is considered
22 property used for a charitable purpose. To be eligible for the
23 exemption, the portions of property:
24 1. Must be used to house natural persons or families whose
25 annual household income:
26 a. Is greater than 30 percent but not more than 60 percent
27 of the median annual adjusted gross income for households within
28 the metropolitan statistical area or, if not within a
29 metropolitan statistical area, within the county in which the
30 person or family resides; or
31 b. Does not exceed 30 percent of the median annual adjusted
32 gross income for households within the metropolitan statistical
33 area or, if not within a metropolitan statistical area, within
34 the county in which the person or family resides;
35 2.a. Must be within a multifamily project containing 50 or
36 more residential units, at least 20 percent of which are used to
37 provide affordable housing that meets the requirements of this
38 section; or
39 b. Must be an accessory dwelling unit as defined in s.
40 163.31771(2)(a);
41 3. Must be rented for an amount no greater than the amount
42 as specified by the most recent multifamily rental programs
43 income and rent limit chart posted by the corporation and
44 derived from the Multifamily Tax Subsidy Projects Income Limits
45 published by the United States Department of Housing and Urban
46 Development or 90 percent of the fair market value rent as
47 determined by a rental market study meeting the requirements of
48 subsection (4), whichever is less;
49 4. May not have been cited for code violations on three or
50 more occasions in the 24 months before the submission of a tax
51 exemption application;
52 5. May not have any cited code violations that have not
53 been properly remedied by the property owner before the
54 submission of a tax exemption application; and
55 6. May not have any unpaid fines or charges relating to the
56 cited code violations. Payment of unpaid fines or charges before
57 a final determination on a property’s qualification for an
58 exemption under this section will not exclude such property from
59 eligibility if the property otherwise complies with all other
60 requirements for the exemption.
61 (b) Qualified property may receive an ad valorem property
62 tax exemption of:
63 1. Up to 75 percent of the assessed value of each
64 residential unit used to provide affordable housing if fewer
65 than 100 percent of the multifamily project’s residential units
66 are used to provide affordable housing meeting the requirements
67 of this section.
68 2. Up to 100 percent of the assessed value if 100 percent
69 of the multifamily project’s residential units are used to
70 provide affordable housing meeting the requirements of this
71 section.
72 3. Up to 100 percent of the assessed value of the accessory
73 dwelling unit if the unit is used to provide affordable housing
74 meeting the requirements of this section.
75 (5) An ordinance adopted under this section must expire
76 before the fourth January 1 after adoption; however, the board
77 of county commissioners or the governing body of the
78 municipality may adopt a new ordinance to renew the exemption.
79 The board of county commissioners or the governing body of the
80 municipality shall deliver a copy of an ordinance adopted under
81 this section to the department and the property appraiser within
82 10 days after its adoption. If the ordinance expires or is
83 repealed, the board of county commissioners or the governing
84 body of the municipality must notify the department and the
85 property appraiser within 10 days after its expiration or
86 repeal.
87 Section 2. The amendments made by this act to s. 196.1979,
88 Florida Statutes, first apply to the 2025 ad valorem tax roll.
89 Section 3. This act shall take effect July 1, 2024.