Agenda 06/13/2023 Item #12A (To provide the Board with a summary of the Live Local Act)12.A
06/13/2023
EXECUTIVE SUMMARY
Report to the Board on the Live Local Act, and recommendation that the Board (1) direct Staff to prepare
and bring back for Board review and approval the Administrative Approval Process contemplated by the
Act, (2) direct staff to provide a recommendation to the Board and/or obtain a recommendation from the
Affordable Housing Committee on whether the County should enact by Ordinance a local option affordable
housing property tax exemption to property owners who dedicate units for affordable housing at up to 60%
of the Annual Median Income (AMI), and (3) to take any other action deemed warranted.
OBJECTIVE: To provide the Board with a summary of the Live Local Act and receive Board direction.
CONSIDERATIONS: During the Communications portion of the Board's last meeting, Commissioner Saunders
asked if I would provide a summary of the Live Local Act. The following provides the requested summary.
On March 29, 2023, Governor Ron DeSantis signed into law Senate Bill 102 (Live Local Act, Chapter No.
2023-17, Laws of Florida) that becomes effective July 1, 2023. The Live Local Act, among other things, seeks
to provide available and affordable housing to the Florida workforce within their communities. A copy of the
Act is included as back-up to this item.
Rent Control Prohibited
Removes provision in current law allowing local governments to impose rent control under certain circumstances
(i.e., finding of a housing emergency, voter approval, etc.). This change forbids rent control under all
circumstances.
Impact on Collier County: Currently none.
Board action requested: None.
County Approval of Affordable Housing
• Preempts counties on zoning, density, and height for certain multi -family developments inmer commercial or industrial areas with an affordable housing component.
• A proposal to construct multi -family or mixed -use residential project in an area zoned for
commercial, industrial or mixed -use may not require a zoning change or comprehensive plan amendment if
developer commits to set aside at least 40% of the units as affordable for at least 30 years and serve
incomes up to 120% of Annual Median Income (AMI) (approximately $120,000 for a family of four).
• The density of the proposed project can be the highest allowed residential density in the County
(arguably 91.77 units per acre within the Mini -Triangle Mixed -Use Planned Unit Development), and the
height can be the higher of the highest allowable height for a commercial or residential development within
1 mile of the proposed development, or 3 stories.
• The Act applies to mixed -use residential projects provided that at least 65% of the total square
footage is used for residential purposes.
• Such projects must satisfy all other requirements for multi -family developments (i.e., setbacks,
parking, etc.) and are subject to an administrative approval process, which does not require full governing
body approval.
• County must consider reducing parking requirements for these developments if located within one-
half mile of a major transit stop.
• Sunsets 2033.
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Impact on Collier County: Uncertain. Since LDC requirements such as setbacks, water management, parking and
buffering are expressly preserved, these requirements will act as a significant site constraint on the actual density
and building height. Developers can and have avoided these requirements through a combination of a small-scale
comprehensive plan amendment coupled with a rezone, which requires Board action. The Act allows Developers
to bypass the Board but requires that developers must satisfy all other land development regulations for
multifamily developments, including regulations for setbacks and parking requirements.
There is also an outstanding question related to the maximum density allowed, as to whether it includes only
straight zoning, or also includes PUDs, or whether the 91.77 units allowed in the Mini -Triangle project applies,
as it was a special CRA project. Since this is a new statute, there is no current guidance on this issue.
Board action requested: The statute requires that review and approval of these projects are through an
administrative review process, with no Board review or approval needed. Accordingly, it is recommended that the
Board direct staff to prepare and come back to the Board with a proposed administrative process for these projects.
County -owned Property for Affordable Housing
• Requires a county to publish on its website the list of county -owned property (including dependent
special district property) that may be appropriate for affordable housing development. Current law requires
counties to prepare an inventory of such property every 3 years but provides no publication requirement.
• Provides best practices for counties to apply when considering utilizing county -owned property for
affordable housing.
Impact on Collier County: None.
Board action requested: None. Staff will bring back an executive summary to the Board implementing this
provision, if needed.
Property Tax Discounts/Exemptions
Creates an ad valorem tax exemption for land owned by a nonprofit entity that is leased for a minimum of 99 years
for the purpose of providing affordable housing. Sunsets 2059.
Impact on Collier County: Potential loss of future ad valorem taxes.
Board action requested: None.
Local Option Affordable Housing Property Tax Exemption (60% AM-1 & below)
Authorizes counties and municipalities to offer through ordinance a property tax exemption to property owners who
dedicate units for affordable housing at 60% AMI or below ($59,880 or less for a family of four). Eligible
developments must have at least 50 units and dedicate at least 20% for affordable housing. Local government may
exempt extremely -low income, very -low income units, or both. If all units in the development will be used for
affordable housing, then the local government can exempt up to 100% of the property tax for each unit; if less are
dedicated for affordable housing, then the local government can exempt up to 75% of the property tax for each unit.
Impact on Collier County: Potential loss of future ad valorem taxes if adopted.
Board action requested: Consider referring the issue to staff and/or the Affordable Housing Committee for a
recommendation to the Board.
Expedited Processing of Building Permits
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Requires local governments to maintain on its website a written policy outlining procedures for expediting permits
and development orders for affordable housing projects. Various current laws require permits and development
orders to be expedited, including those for affordable housing.
Impact on Collier County: Minimal.
Board action requested: None. Resolution No. 18-40 already sets forth procedures for expediting the
development review process for qualified affordable housing. Should any revisions need to be made, Staff will
bring back an appropriate Executive Summary to the Board.
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The remaining provisions of the Act do not impact Collier County directly, and no Board action is being sought.
I am setting them forth simply to give the Board and the public visibility as to these provisions.
General Revenue Service Charge Redirect
Redirects up to $150 million annually of General Revenue (GR) service charge on documentary stamp revenues to
the State Housing Trust Fund (up to $1.5 billion new funding for housing over 10 years). Funds must be used for
SAIL projects as specified in the bill: 70% for projects focused on infill, maximizing existing infrastructure, and
projects near military installations; 30% for use and lease of public lands and other specific purposes such housing
for elderly persons and young adults aging out of foster care, and projects in rural areas. Sunsets 2033.
Building Materials Sales Tax Refund
Provides a refund for sales tax paid on building materials used to construct affordable housing developments
funded through Florida Housing Finance Corporation (FHFC) deals. Limited to $5,000 per affordable unit.
Community Contribution Tax Credit Program
Existing program which encourages Florida businesses to make donations toward community development and
housing projects for low-income persons in exchange for tax credits. Raises total tax credits available annually
under the program from $14.5 million to $25 million.
Live Local Corporate Tax Donation Program
Creates a new tax donation program to allow taxpayers to direct their payments to FHFC for use as State Apartment
Incentive Loan Program (SAIL) funds. Annual cap of $100 million. Funds will be available for the same use as
other SAIL funds, except FHFC may use up to $25 million of the receipts for "large-scale projects of significant
regional impact." Applies only to corporate income tax and insurance premium tax.
State-owned Lands for Affordable Housing
Requires the state to assess whether non -conservation state lands are suitable for use as affordable housing and
consider opportunities to transfer such lands to local governments for affordable housing.
Job Growth Grant Fund
Expands Job Growth Grant Fund eligibility to specifically authorize public infrastructure projects that support
affordable housing. Sunsets 2033.
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State Housing Strategy
Modernizes the 1988 State Housing Strategy to align with current best practices and goals. Provides guidelines and
direction to various affordable housing -related organizations. Directs the Office of Program Policy Analysis and
Government Accountability (OPPAGA) to review the state and local affordable housing efforts and highlight
innovative affordable housing solutions via annual, rotating reports.
Oualified Contracts (technical change)
Amends a 2022 provision pertaining to the qualified contract process, whereby certain affordable housing rental
developments at year 14 can request FHFC to find a purchaser for the development to continue to operate it under
the affordable housing restrictions. The change conforms a single definition to federal law.
Florida Housing Finance Corporation Board of Directors
Places one member appointed by the President of the Senate and one member appointed by the Speaker of the
House of Representatives on the Board of Directors of FHFC.
Annual LBR Report on Maximizing Federal Affordable Housing Funds
Requires FHFC to include in its annual LBR, for informational purposes, the amount of state funds necessary to use
all incoming federal housing funds in order to maximize production of new, affordable multi -family housing units.
Sunsets 2033.
SAIL - Rental Housing for Persons in Foster Care
Broadens FHFC ability to approve SAIL funding for permanent rental housing for persons in foster care or aging
out of foster care by removing the requirement that the housing be "on a campus" that provides housing for such
persons.
Hometown Hero Housing Program
Codifies the Hometown Hero down payment assistance loan program, initially enacted in proviso in 2022, for first-
time homebuyers with incomes at or below 150% AMI. Eligible borrowers must be seeking to purchase a home as
a primary residence and be employed full-time by a Florida -based employer. Applicants who are service members
or veterans are not required to be first-time homebuyers. Loan amount is a minimum of $10,000 and up to 5% of
first mortgage loan, not to exceed $35,000. Loans are 0% interest and payable when property is sold, refinanced,
rented, or transferred. Appropriates $100 million in nonrecurring funds from the General Revenue Fund to
implement the program.
Technical Assistance - Affordable Housing on County/Municipal Land
Authorizes FHFC to contract with a private entity to provide technical assistance to local governments to facilitate
the use or lease of county or municipal property for affordable housing purposes.
SHIP Appropriation
Appropriates $252 million in nonrecurring funds from the Local Government Housing Trust Fund to FHFC for the
SHIP program.
SAIL Appropriations
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Appropriates $150 million in recurring funds from the State Housing Trust Fund to FHFC to implement section 30
(GR Service Charge Redirect to SAIL). Appropriates $109 million in nonrecurring funds from the State Housing
Trust Fund to FHFC for the SAIL program.
Construction Housing Inflation Response Funding
Appropriates $100 million in nonrecurring funds from the General Revenue Fund to FHFC to implement a
competitive assistance loan program for new construction projects in the development pipeline that have not
commenced construction and are experiencing verifiable cost increases due to market inflation. Eligible projects are
those that accepted an invitation to enter credit underwriting from July 1, 2020 through June 30, 2022. Any funds
not awarded as of December 31, 2023, will be used for the SAIL program.
Finding of Important State Interest
The Legislature finds and declares that this act fulfills an important state interest.
Effective Date
July 1, 2023, unless otherwise provided. Property tax exemptions first apply to the 2024 tax roll. Section 44
(Construction Housing Inflation Response Funding) takes effect upon becoming a law.
FISCAL IMPACT: With respect to this Executive Summary, none.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board accept this report on the Live Local Act, and (1) direct Staff to prepare
and bring back for Board review and approval the Administrative Approval Process contemplated by the Act, (2)
direct staff to provide a recommendation to the Board and/or obtain a recommendation from the Affordable
Housing Committee on whether the County should enact by Ordinance a local option affordable housing property
tax exemption to property owners who dedicate units for affordable housing at up to 60% AMI, and (3) to take any
other action deemed warranted.
Prepared by: Jeffrey A. Klatzkow, County Attorney
ATTACHMENT(S)
1. Ch. 2023-17 Laws of Florida (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 12.A
Doc ID: 25316
Item Summary: Report to the Board on the Live Local Act, and recommendation that the Board (1) direct Staff to
prepare and bring back for Board review and approval the Administrative Approval Process contemplated by the
Act, (2) direct staff to provide a recommendation to the Board and/or obtain a recommendation from the Affordable
Housing Committee on whether the County should enact by Ordinance a local option affordable housing property
tax exemption to property owners who dedicate units for affordable housing at up to 60% of the Annual Median
Income (AMI), and (3) to take any other action deemed warranted.
Meeting Date: 06/13/2023
Prepared by:
Title: Legal Assistant — County Attorney's Office
Name: Wanda Rodriguez
04/19/2023 10:24 AM
Submitted by:
Title: County Attorney — County Attorney's Office
Name: Jeffrey A. Klatzkow
04/19/2023 10:24 AM
Approved By:
Review:
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review
Completed 06/06/2023 12:48 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Completed 06/06/2023 12:54 PM
Office of Management and Budget Christopher Johnson Additional Reviewer
Completed 06/06/2023 1:36 PM
County Manager's Office Amy Patterson Level 4 County Manager Review
Completed 06/07/2023 10:14 AM
Board of County Commissioners Geoffrey Willig Meeting Pending
06/13/2023 9:00 AM
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CHAPTER 2023-17
Committee Substitute for Senate Bill No. 102
An actarelating to housing; providing hort title; amending s. 125.0103,
F.S.; deleting the authority of local governments to adopt or maintain
laws, ordinances, rules, or other measures that would have the effect of
imposing controls on rents; amending s. 125.01055, F.S.; revising
applicability for areas of critical state concern; specifying requirements
for, and restrictions on, counties in approving certain housing develop-
ments; providing for future expiration; amending s. 125.379, F.S.; revising
the date by which counties must prepare inventory lists of real property;
requiring counties to make the inventory lists publicly available on their
websites; authorizing counties to use certain properties for affordable
housing through a long-term land lease; revising requirements for
counties relating to inventory lists of certain property for affordable
housing; providing that counties are encouraged to adopt best practices for
surplus land programs; amending s. 166.04151, F.S.; revising applicability
for areas of critical state concern; specifying requirements for, and
restrictions on, municipalities in approving applications for certain
housing developments; providing for future expiration; amending s.
166.043, F.S.; deleting the authority of local governments to adopt or
maintain laws, ordinances, rules, or other measures that would have the
effect of imposing controls on rents; amending s. 166.0451, F.S.; revising
the date by which municipalities must prepare inventory lists of real
property; requiring nicipalities to make the inventory lists publicly
available on their websites; authorizing nicipalities to use certain
properties for affordable housing through a long-term land lease; revising
requirements for municipalities relating to inventory lists of certain
property for affordable housing; providing that municipalities are en-
couraged to adopt best practices for surplus land programs; amending s.
196.1978, F.S.; providing an exemption from ad valorem taxation for land
that meets certain criteria; providing applicability; providing for future
repeal; defining terms; providing an ad valorem tax exemption for portions
of property in a multifamily project if certain conditions are met; providing
that vacant units may be eligible for the exemption under certain
circumstances; specifying percentages of the exemption for qualified
properties; specifying requirements for applying for the exemption with
the property appraiser; specifying requirements for requesting certifica-
tion from the Florida Housing Finance Corporation; specifying require-
ments for the corporation in reviewing requests, certifying property, and
posting deadlines for applications; specifying requirements for property
appraisers in reviewing and granting exemptions and for improperly
granted exemptions; providing enalty; providing limitations on elig-
ibility; specifying requirements for a rental market study; authorizing the
corporation to adopt rules; providing applicability; providing for future
repeal; creating s. 196.1979, F.S.; authorizing local governments to adopt
ordinances to provide an ad valorem tax exemption for portions of property
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Ch. 2023-17 LAWS OF FLORIDA Ch. 202 12.A.1
used to provide affordable housing meeting certain requirements; spec-
ifying requirements and limitations for the exemption; providing that
vacant units may be eligible for the exemption under certain circum-
stances; specifying requirements for ordinances granting an exemption;
specifying requirements for a rental market study; providing that
ordinances must expire within a certain timeframe; requiring the property
appraiser to take certain action in response to an improperly granted
exemption; providing a penalty; providing applicability; amending s.
201.15, F.S.; suspending, for a specified period, the General Revenue
Fund service charge on documentary stamp tax collections; providing for
specified amounts of such collections to be credited to the State Housing
Trust Fund for certain purposes; providing for certain amounts to be
credited to the General Revenue Fund under certain circumstances;
prohibiting the transfer of such funds to the General Revenue Fund in the
General Appropriations Act; providing for the future expiration and
reversion of specified statutory text; amending s. 212.08, F.S.; revising the
total amount of community contribution tax credits which may be granted
for certain projects; defining terms; providing a sales tax exemption for
building materials used in the construction of affordable housing units;
defining terms; specifying eligibility requirements; specifying require-
ments for applying for a sales tax refund with the Department of Revenue;
specifying requirements for and limitations on refunds; providing require-
ments for the department in issuing refunds; authorizing the department
to adopt rules; providing applicability; amending s. 213.053, F.S.;
authorizing the department to make certain information available to
the corporation to administer the Live Local Program; creating s. 215.212,
F.S.; prohibiting the deduction of the General Revenue Fund service
charge on documentary stamp tax proceeds; providing for future repeal;
amending s. 215.22, F.S.; conforming a provision to changes made by the
act; providing for the future expiration and reversion of specified statutory
text; amending s. 220.02, F.S.; specifying the order of application of Live
Local Program tax credits against the state corporate income tax;
amending s. 220.13, F.S.; specifying requirements for the addition to
adjusted federal income of amounts taken as a credit under the Live Local
Program; amending s. 220.183, F.S.; conforming a provision to changes
made by the act; amending s. 220.186, F.S.; providing applicability of Live
Local Program tax credits to the Florida alternative minimum tax credit;
creating s. 220.1878, F.S.; providing a credit against the state corporate
income tax under the Live Local Program; specifying requirements and
procedures for making eligible contributions and claiming the credit;
amending s. 220.222, F.S.; requiring returns filed in connection with the
Live Local Program tax credits to include the amount of certain credits;
amending s. 253.034, F.S.; modifying requirements for the analysis
included in land use plans; making technical changes; amending s.
253.0341, F.S.; requiring that local government requests for the state to
surplus conservation or nonconservation lands for any means of transfer
be expedited throughout the surplusing process; amending s. 288.101,
F.S.; authorizing the Governor, under the Florida Job Growth Grant
Fund, to approve state or local public infrastructure projects to facilitate
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Ch. 2023-17 LAWS OF FLORIDA Ch. J 12.A.1
the development or construction of affordable housing; providing for
future repeal; amending s. 420.0003, F.S.; revising legislative intent for,
and policies of, the state housing strategy; revising requirements for the
implementation of the strategy; revising duties of the Shimberg Center for
Housing Studies at the University of Florida; requiring the Office of
Program Policy Analysis and Government Accountability to evaluate
specified strategies, policies, and programs at specified intervals; speci-
fying requirements for the office's analyses; authorizing rule amend-
ments; amending s. 420.503, F.S.; revising the definition of the term
"qualified contract" for purposes of the Florida H using Finance Coffpora-
tion Act; amending s. 420.504, F.S.; revising the composition of the
corporation's board of directors; providing specifications for filling
vacancies on the board of directors; amending s. 420.507, F.S.; specifying
a requirement for the corporation's annual budget request to the Secretary
of Economic Opportunity; providing for the future expiration and
reversion of specified statutory text; amending s. 420.5087, F.S.; revising
prioritization of funds for the State Apartment Incentive Loan Program;
creating s. 420.50871, F.S.; specifying requirements for, and authorized
actions by, the corporation in allocating certain increased revenues during
specified fiscal years to finance certain housing projects; providing
construction; providing for future repeal; providing a directive to the
Division of Law Revision; creating s. 420.50872, F.S.; defining terms;
creating the Live Local Program; specifying responsibilities of the
corporation; specifying the annual tax credit cap; specifying requirements
for applying for tax credits with the department; providing requirements
for the carryforward of credits; specifying restrictions on, and require-
ments for, the conveyance, transfer, or assignment of credits; providing
requirements and procedures for the rescindment of credits; specifying
procedures for calculating underpayments and penalties; providing
construction; authorizing the department and the corporation to develop
a cooperative agreement; authorizing the department to adopt rules;
requiring the department to annually notify certain taxpayers of certain
information; creating s. 420.5096, F.S.; providing legislative findings;
creating the Florida H metown H ro Program for a specified purpose;
authorizing the corporation to underwrite and make certain mortgage
loans; specifying terms for such loans and requirements for borrowers;
authorizing loans made under the program to be used for the purchase of
certain manufactured homes; providing construction; amending s.
420.531, F.S.; authorizing the Florida H using Corporation to contract
with certain entities to provide technical assistance to local governments
in establishing selection criteria for proposals to use certain property for
affordable housing purposes; amending s. 420.6075, F.S.; making techni-
cal changes; amending s. 553.792, F.S.; requiring local governments to
maintain on their websites a policy relating to the expedited processing of
certain building permits and development orders; amending s. 624.509,
F.S.; specifying the order of application of Live Local Program tax credits
against the insurance premium tax; amending s. 624.5105, F.S.; conform-
ing a provision to changes made by the act; creating s. 624.51058, F.S.;
providing a credit against the insurance premium tax under the Live Local
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Ch. 2023-17 LAWS OF FLORIDA
Ch. 202 12.A.1
Program; providing a requirement for making eligible contributions;
providing construction; providing applicability; exempting a certain
initiative from certain evacuation time constraints; specifying that certain
comprehensive plan amendments are valid; authorizing certain local
governments to adopt local ordinances or regulations for certain purposes;
authorizing the department to adopt emergency rules; providing for future
expiration of such rulemaking authority; providing appropriations;
providing a declaration of important state interest; providing effective
dates.
Be It Enacted by the Legislature of the State of Florida:
Section 1. This act may be cited as the "Live Local Act."
Section 2. Section 125.0103, Florida Statutes, is amended to read:
125.0103 Ordinances and rules imposing price controls; —findings re
(1)(a) Except as hereinafter provided, a no county, municipality, or other
entity of local government may not shall adopt or maintain in effect an
ordinance or a rule that Bch has the effect of imposing price controls upon
a lawful business activity that .,� is not franchised by, owned by, or under
contract with, the governmental agency, unless specifically provided by
general law.
(b) This section does not prevent the enactment by local governments of
public service rates otherwise authorized by law, including water, sewer,
solid waste, public transportation, taxicab, or port rates, rates for towing of
vehicles or vessels from or immobilization of vehicles or vessels on private
property, or rates for removal and storage of wrecked or disabled vehicles or
vessels from an accident scene or the removal and storage of vehicles or
vessels in the event the owner or operator is incapacitated, unavailable,
leaves the procurement of wrecker service to the law enforcement officer at
the scene, or otherwise does not consent to the removal of the vehicle or
vessel.
(c) Counties must establish maximum rates which may be charged on
the towing of vehicles or vessels from or immobilization of vehicles or vessels
on private property, removal and storage of wrecked or disabled vehicles or
vessels from an accident scene or for the removal and storage of vehicles or
vessels, in the event the owner or operator is incapacitated, unavailable,
leaves the procurement of wrecker service to the law enforcement officer at
the scene, or otherwise does not consent to the removal of the vehicle or
vessel. However, if a municipality chooses to enact an ordinance establishing
the maximum rates for the towing or immobilization of vehicles or vessels as
described in paragraph (b), the county's ordinance does shall not apply
within such municipality.
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Ch. 2023-17 LAWS OF FLORIDA Ch. J 12.A.1
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3){7} Notwithstanding any other provisions of this section, municipa-
lities, counties, or other entities of local government may adopt and maintain
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Ch. 2023-17 LAWS OF FLORIDA
Ch. 202 12.A.1
in effect any law, ordinance, rule, or other measure which is adopted for the
purposes of increasing the supply of affordable housing using land use
mechanisms such as inclusionary housing ordinances.
Section 3. Subsections (5) and (6) of section 125.01055, Florida Statutes,
are amended, and subsection (7) is added to that section, to read:
125.01055 Affordable housing.—
(5) Subsection (4) (2-) does not apply in an area of critical state concern, as
designated in s. 380.0552.
(6) Notwithstanding any other law or local ordinance or regulation to the
contrary, the board of county commissioners may approve the development
of housing that is affordable, as defined in s. 420.0004, including, but not
limited to, a mixed -use residential development, on any parcel zoned for
residential-, commercial; or industrial use. if ^ par -eel is zoned for eomme^'
or industrial use, an approval pursuant to this subseetion may inelude an
so long as at least 10 percent of the units included in the project
are for housing that is affordable and the developer ^rthe project agrees
not.
to applyfor or eceive funding under s. 420.5. The provisions of this
subsection are self-executing and do not require the board of county
commissioners to adopt an ordinance or a regulation before using the
approval process in this subsection.
(7)(a) A county must authorize multifamily and mixed -use residential as
allowable uses in any area zoned for commercial, industrial, or mixed use if
at least 40 percent of the residential units in a proposed multifamily rental
development are, for a period of at least 30 ems, affordable as defined in s.
420.0004. Notwithstanding any other law, local ordinance, or regulation to
the contrary, a county may not require a proposed multifamily development
to obtain a zoning or land use change, special exception, conditional use
approval, variance, or comprehensive plan amendment for the building
height, zoning, and densities authorized under this subsection. For mixed -
use residential projects, at least 65 percent of the total square footage must
be used for residential purposes.
(b) A county may not restrict the density of a proposed development
authorized under this subsection below the highest allowed density on any
unincorporated land in the county where residential development is allowed.
(c) A county may not restrict the height of a proposed development
authorized under this subsection below the highest currently allowed height
for a commercial or residential development located in its jurisdiction within
1 mile of the proposed development or 3 stories, whichever is higher.
(d) A proposed development authorized under this subsection must be
administratively approved and no further action by the board of county
commissioners is required if the development satisfies the county's land
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Ch. 2023-17 LAWS OF FLORIDA Ch. J 12.A.1
development regulations for multifamily developments in areas zoned for
such use and is otherwise consistent with the comprehensive plan, with the
exception of provisions establishing allowable densities, height, and land
use. Such land development regulations include, but are not limited to,
regulations relating to setbacks and parking requirements.
(e) A county must consider reducing parking requirements for a
proposed development authorized under this subsection if the development
is located within one-half mile of a major transit stop, as defined in the
county's land development code, and the major transit stop is accessible from
the development.
(f) For proposed multifamily developments in an unincorporated area
zoned for commercial or industrial use which is within the boundaries of a
multicounty independent special district that was created to provide
municipal services and is not authorized to levy ad valorem taxes, and
less than 20 percent of the land area within such district is designated for
commercial or industrial use, a county must authorize, as provided in this
subsection, such development only if the development is mixed -use
residential.
(g) Except as otherwise provided in this subsection, a development
authorized under this subsection must comply with all applicable state and
local laws and regulations.
(h) This subsection does not apply to property defined as recreational
and commercial working waterfront in s. 342.201(2)(b) in any area zoned as
industrial.
(i) This subsection expires October 1, 2033.
Section 4. Section 125.379, Florida Statutes, is amended to read:
125.379 Disposition of county property for affordable housing.
(1) By October 1, 2023 VJ my ,) =nn7, and every 3 years thereafter, each
county shall prepare an inventory list of all real property within its
jurisdiction to which the county or any dependent special district within
its boundaries holds fee simple title which that is appropriate for use as
affordable housing. The inventory list must include the address and legal
description of each such real property and specify whether the property is
vacant or improved. The governing body of the county must review the
inventory list at a public hearing and may revise it at the conclusion of the
public hearing. The governing body of the county shall adopt a resolution
that includes an inventory list of such property following the public hearing.
Each county shall make the inventory list publicly available on its website to
encourage potential development.
(2) The properties identified as appropriate for use as affordable housing
on the inventory list adopted by the county may be used for affordable
housing through a long-term land lease requiring the development and
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Ch. 2023-17 LAWS OF FLORIDA
Ch. 202 12.A.1
maintenance of affordable housing, offered for sale and the proceeds used to
purchase land for the development of affordable housing or to increase the
local government fund earmarked for affordable housing, or may be sold
with a restriction that requires the development of the property as
permanent affordable housing, or may be donated to a nonprofit housing
organization for the construction of permanent affordable housing. Alter-
natively, the county or special district may otherwise make the property
available for use for the production and preservation of permanent
affordable housing. For purposes of this section, the term "affordable" has
the same meaning as in s. 420.0004(3).
(3) Counties are encouraged to adopt best practices for surplus land
programs, including, but not limited to:
(a) Establishing eligibility criteria for the receipt or purchase of surplus
land by developers-
(b) Making the process for requesting surplus lands publicly available;
and
(c) Ensuring long-term affordability through ground leases by retaining
the right of first refusal to purchase property that would be sold or offered at
market rate and by requiring reversion of property not used for affordable
housing within a certain timeframe.
Section 5. Subsections (5) and (6) of section 166.04151, Florida Statutes,
are amended, and subsection (7) is added to that section, to read:
166.04151 Affordable housing.—
(5) Subsection (4) (2) does not apply in an area of critical state concern, as
designated by s. 380.0552 or chapter 28-36, Florida Administrative Code.
(6) Notwithstanding any other law or local ordinance or regulation to the
contrary, the governing body of a municipality may approve the development
of housing that is affordable, as defined in s. 420.0004, including, but not
limited to, a mixed -use residential development, on any parcel zoned for
residential-, commercial, or industrial use. if ^ parcel is zonedfor comme^'
or industrial use , an approval pursuant to this subseetion may include an
residential devell . I . &et, ineluding a mixed use residential develop
so long as at least 10 percent of the units included in the project
are for housing that is affordable and the developer of the r eet agrees not.
to apply er or eeeiv funding undef s. 420.5 . The provisions of this
subsection are self-executing and do not require the governing body to adopt
an ordinance or a regulation before using the approval process in this
subsection.
(7)(a) A municipality must authorize multifamily and mixed -use resi-
dential as allowable uses in any area zoned for commercial, industrial, or
mixed use if at least 40 percent of the residential units in a proposed
multifamily rental development are, for a period of at least 30 years,
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Ch. 2023-17 LAWS OF FLORIDA Ch. J 12.A.1
affordable as defined in s. 420.0004. Notwithstanding any other law, local
ordinance, or regulation to the contrary, a municipality may not require a
proposed multifamily development to obtain a zoning or land use change,
special exception, conditional use approval, variance, or comprehensive plan
amendment for the building height, zoning, and densities authorized under
this subsection. For mixed -use residential projects, at least 65 percent of the
total square footage must be used for residential purposes.
b) A municipality may not restrict the densitv of a Droposed develo
ment authorized under this subsection below the highest allowed density on
any land in the municipality where residential development is allowed.
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(c) A municipality may not restrict the height of a proposed development
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authorized under this subsection below the highest currently allowed height
for a commercial or residential development located in its jurisdiction within
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1 mile of the proposed development or 3 stories, whichever is higher.
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(d) A proposed development authorized under this subsection must be
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administratively approved and no further action by the governing body of
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the municipality is required if the development satisfies the municipality's
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land development regulations for multifamily developments in areas zoned
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for such use and is otherwise consistent with the comprehensive plan, with
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the exception of provisions establishing allowable densities, height, and land
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use. Such land development regulations include, but are not limited to,
regulations relating to setbacks and parking requirements.
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(e) A municipality must consider reducing parking requirements for a
proposed development authorized under this subsection if the development
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is located within one-half mile of a major transit stop, as defined in the
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municipality's land development code, and the major transit stop is
accessible from the development.
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(f) A municipality that designates less than 20 percent of the land area
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within its jurisdiction for commercial or industrial use must authorize a
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proposed multifamily development as provided in this subsection in areas
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zoned for commercial or industrial use only if the proposed multifamily
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development is mixed -use residential.
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(g) Except as otherwise provided in this subsection, a development
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authorized under this subsection must comply with all applicable state and
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local laws and regulations.
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(h) This subsection does not apply to property defined as recreational
and commercial working waterfront in s. 342.201(2)(b) in any area zoned as
industrial.
(i) This subsection expires October 1, 2033.
Section 6. Section 166.043, Florida Statutes, is amended to read:
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Ch. 2023-17 LAWS OF FLORIDA
Ch. 202 12.A.1
166.043 Ordinances and rules imposing price controls; findings required;
proe„a,
(1)(a) Except as hereinafter provided, a ne county, municipality, or other
entity of local government may not shall adopt or maintain in effect an
ordinance or a rule that �_� him has the effect of imposing price controls upon
a lawful business activity that whieh is not franchised by, owned by, or under
contract with, the governmental agency, unless specifically provided by
general law.
(b) This section does not prevent the enactment by local governments of
public service rates otherwise authorized by law, including water, sewer,
solid waste, public transportation, taxicab, or port rates, rates for towing of
vehicles or vessels from or immobilization of vehicles or vessels on private
property, or rates for removal and storage of wrecked or disabled vehicles or
vessels from an accident scene or the removal and storage of vehicles or
vessels in the event the owner or operator is incapacitated, unavailable,
leaves the procurement of wrecker service to the law enforcement officer at
the scene, or otherwise does not consent to the removal of the vehicle or
vessel.
(c) Counties must establish maximum rates which may be charged on
the towing of vehicles or vessels from or immobilization of vehicles or vessels
on private property, removal and storage of wrecked or disabled vehicles or
vessels from an accident scene or for the removal and storage of vehicles or
vessels, in the event the owner or operator is incapacitated, unavailable,
leaves the procurement of wrecker service to the law enforcement officer at
the scene, or otherwise does not consent to the removal of the vehicle or
vessel. However, if a municipality chooses to enact an ordinance establishing
the maximum rates for the towing or immobilization of vehicles or vessels as
described in paragraph (b), the county's ordinance established under s.
125.0103 does shall not apply within such municipality.
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Ch. 2023-17 LAWS OF FLORIDA Ch. J 12.A.1
i 0_1 110 i MIN - :-
(5) A No municipality, county, or other entity of local government may
not shall adopt or maintain in effect any law, ordinance, rule, or other
measure that which would have the effect of imposing controls on rents
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(3){7) Notwithstanding any other provisions of this section, municipa-
lities, counties, or other entity of local government may adopt and maintain
in effect any law, ordinance, rule, or other measure which is adopted for the
purposes of increasing the supply of affordable housing using land use
mechanisms such as inclusionary housing ordinances.
Section 7. Section 166.0451, Florida Statutes, is amended to read:
166.0451 Disposition of municipal property for affordable housing
(1) By October 1, 2023 T�12-00-7, and every 3 years thereafter, each
municipality shall prepare an inventory list of all real property within its
jurisdiction to which the municipality or any dependent special district
within its boundaries holds fee simple title which that is appropriate for use
as affordable housing. The inventory list must include the address and legal
description of each such property and specify whether the property is vacant
or improved. The governing body of the municipality must review the
inventory list at a public hearing and may revise it at the conclusion of the
public hearing. Following the public hearing, the governing body of the
municipality shall adopt a resolution that includes an inventory list of such
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Ch. 2023-17 LAWS OF FLORIDA
Ch. 202 12.A.1
property. Each municipality shall make the inventory list publicly available
on its website to encourage potential development.
(2) The properties identified as appropriate for use as affordable housing
on the inventory list adopted by the municipality may be used for affordable
housing through a long-term land lease requiring the development and
maintenance of affordable housing, offered for sale and the proceeds may be
used to purchase land for the development of affordable housing or to
increase the local government fund earmarked for affordable housing, or
may sold with a restriction that requires the development of the property
as permanent affordable housing, or may donated to a nonprofit housing
organization for the construction of permanent affordable housing. Alter-
natively, the municipality or special district may otherwise make the
property available for use for the production and preservation of permanent
affordable housing. For purposes of this section, the term "affordable" has
the same meaning as in s. 420.0004(3).
(3) Municipalities are encouraged to adopt best practices for surplus land
programs, including, but not limited to:
(a) Establishing eligibility criteria for the receipt or purchase of surplus
land by developers;
(b) Making the process for requesting surplus lands publicly available;
and
(c) Ensuring long-term affordability through ground leases by retaining
the right of first refusal to purchase property that would be sold or offered at
market rate and by requiring reversion of property not used for affordable
housing within a certain timeframe.
Section 8. Effective January 1, 2024, subsection (1) of section 196.1978,
Florida Statutes, is amended, and subsection (3) is added to that section, to
read:
196.1978 Affordable housing property exemption.—
(1)(a) Property used to provide affordable housing to eligible persons as
defined by s. 159.603 and natural persons or families meeting the extremely -
low -income, very -low-income, low-income, or moderate -income limits spec-
ified in s. 420.0004, which is owned entirely by a nonprofit entity that is a
corporation not for profit, qualified as charitable under s. 501(c)(3) of the
Internal Revenue Code and in compliance with Rev. Proc. 96-32, 1996-1 C.B.
717, is considered property owned by an exempt entity and used for a
charitable purpose, and those portions of the affordable housing property
that provide housing to natural persons or families classified as extremely
low income, very low income, low income, or moderate income under s.
420.0004 are exempt from ad valorem taxation to the extent authorized
under s. 196.196. All property identified in this subsection must comply with
the criteria provided under s. 196.195 for determining exempt status and
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J 12.A.1
Ch. 2023-17 LAWS OF FLORIDA Ch.
applied by property appraisers on an annual basis. The Legislature intends
that any property owned by a limited liability company which is disregarded
as an entity for federal income tax purposes pursuant to Treasury
Regulation 301.7701-3(b)(1)(ii) be treated as owned by its sole member. If
the sole member of the limited liability company that owns the property is
also a limited liability company that is disregarded as an entity for federal
income tax purposes pursuant to Treasury Regulation 301.7701-3(b)(1)(ii),
the Legislature intends that the property be treated as owned by the sole
member of the limited liability company that owns the limited liability
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company that owns the property. Units that are vacant and units that are
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occupied by natural persons or families whose income no longer meets the
income limits of this subsection, but whose income met those income limits
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at the time they became tenants, shall be treated as portions of the
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affordable housing property exempt under this subsection if a recorded land
use restriction agreement in favor of the Florida Housing Finance Corpora-
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tion or any other governmental or quasi -governmental jurisdiction requires
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that all residential units within the property be used in a manner that
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qualifies for the exemption under this subsection and if the units are being
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offered for rent.
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(b) Land that is owned entirely by a nonprofit entity that is a corporation
not for profit, qualified as charitable under s. 501(c)(3) of the InternalLO
Revenue Code and in compliance with Rev. Proc. 96-32, 1996-1 C.B. 717, and
is leased for a minimum of 99 years for the purpose of, and is predominantly
used for, providing housing to natural persons or families meeting the
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extremely-low-income, very -low-income, low-income, or moderate -income
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limits specified in s. 420.0004 is exempt from ad valorem taxation. For
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purposes of this paragraph, land is predominantly used for qualifying
purposes if the square footage of the improvements on the land used to
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provide qualifying housing is greater than 50 percent of the square footage of
all improvements on the land. This paragraph first applies to the 2024 tax
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roll and is repealed December 31, 2059.
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(3)(a) As used in this subsection, the term:
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1. "Corporation" means the Florida Housing Finance Corporation.
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2. "Newly constructed" means an improvement to real property which
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was substantially completed within 5 years before the date of an applicant's
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first submission of a request for certification or an application for an
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exemption pursuant to this section, whichever is earlier.
3. "Substantially completed" has the same meaning as in s. 192.042(1).
(b) twithstanding ss. 196.195 and 196.196, portions of property in a
multifamily project are considered property used for a charitable purpose
and are eligible to receive an ad valorem property tax exemption if such
portions:
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Ch. 2023-17 LAWS OF FLORIDA Ch. 20 12.A.1
1. Provide affordable housing to natural persons or families meeting the
income limitations provided in paragraph (d);
2. Are within a newly constructed multifamily project that contains more
than 70 units dedicated to housing natural persons or families meeting the
income limitations provided in paragraph (d); and
3. Are rented for an amount that does not exceed the amount as specified
by the most recent multifamily rental programs income and rent limit chart
posted by the corporation and derived from the Multifamily Tax Subsidy
Projects Income Limits published by the United States Department of
Housing and Urban Development or 90 percent of the fair market value rent
as determined by a rental market study meeting the requirements of
paragraph (m), whichever is less.
(c) If a unit that in the previous year qualified for the exemption under
this subsection and was occupied by -a tenant is vacant on January 1, the
vacant unit is eligible for the exemption if the use of the unit is restricted to
providing affordable housing that would otherwise meet the requirements of
this subsection and a reasonable effort is made to lease the unit to eligible
persons or families.
(d)1. Qualified property used to house natural persons or families whose
annual household income is greater than 80 percent but not more than 120
percent of the median annual adjusted gross income for households within
the metropolitan statistical area or, if not within a metropolitan statistical
area, within the county in which the person or family resides, must receive
an ad valorem property tax exemption of 75 percent of the assessed value.
2. Qualified property used to house natural persons or families whose
annual household income does not exceed 80 percent of the median annual
adjusted gross income for households within the metropolitan statistical
area or, if not within a metropolitan statistical area, within the county in
which the person or family resides, is exempt from ad valorem property
taxes.
(e) To receive an exemption under this subsection, a property owner
must submit an application on a form prescribed by the department by
March 1 for the exemption, accompanied by a certification notice from the
corporation to the property appraiser.
(f) To receive a certification notice, a property owner must submit a
request to the corporation for certification on a form provided by the
corporation which includes all of the following:
1. The most recently completed rental market study meeting the
requirements of paragraph (m).
2. A list of the units for which the property owner seeks an exemption.
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Ch. 2023-17 LAWS OF FLORIDA Ch. J 12.A.1
3. The rent amount received by the property owner for each unit for
which the property owner seeks an exemption. If a unit is vacant and
qualifies for an exemption under paragraph (c), the property owner must
provide evidence of the published rent amount for each vacant unit.
4. A sworn statement, under penalty of perjury, from the applicant
restricting the property for a period of not less than 3 years to housing
persons or families who meet the income limitations under this subsection.
(g) The corporation shall review the request for certification and certify
property that meets the eligibility criteria of this subsection. A determina-
tion by the corporation regarding a request for certification does not
constitute final agency action pursuant to chapter 120.
1. If the corporation determines that the property meets the eligibility
criteria for an exemption under this subsection, the corporation must send a
certification notice to the property owner and the property appraiser.
2. If the corporation determines that the property does not meet the
eligibility criteria, the corporation must notify the property owner and
include the reasons for such determination.
(h) The corporation shall post on its website the deadline to submit a
request for certification. The deadline must allow adequate time for a
property owner to submit a timely application for exemption to the property
appraiser.
(i) The property appraiser shall review the application and determine if
the applicant is entitled to an exemption. A property appraiser may grant an
exemption only for a property for which the corporation has issued a
certification notice.
(i) If the property appraiser determines that for any year during the
immediately previous 10 years a person who was not entitled to an
exemption under this subsection was granted such an exemption, the
property appraiser must serve upon the owner a notice of intent to record in
the public records of the county a notice of tax lien against any property
owned by that person in the county, and that property must be identified in
the notice of tax lien. Any property owned by the taxpayer and situated in
this state is subject to the taxes exempted by the improper exemption, plus a
penalty of 50 percent of the unpaid taxes for each year and interest at a rate
of 15 percent per annum. If an exemption is improperly granted as a result of
a clerical mistake or an omission by the property appraiser, the property
owner improperly receiving the exemption may not be assessed a penalty or
interest.
(k) Units subject to an agreement with the corporation pursuant to
chapter 420 recorded in the official records of the county in which the
property is located to provide housing to natural persons or families meeting
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Ch. 2023-17 LAWS OF FLORIDA Ch. 20 12.A.1
the extremely -low-income, very -low-income, or low-income limits specified
in s. 420.0004 are not eligible for this exemption.
(1) Property receiving an exemption pursuant to s. 196.1979 is not
eligible for this exemption.
(m) A rental market study submitted as required by paragraph (f) must
identify the fair market value rent of each unit for which a property owner
seeks an exemption. Only a certified general appraiser as defined in s.
475.611 y issue a rental market study. The certified general appraiser
must be independent of the property owner who requests the rental market
study. In preparing the rental market study, a certified general appraiser
shall comply with the standards of professional practice pursuant to part II
of chapter 475 and use comparable property within the same geographic
area and of the same type as the property for which the exemption is sought.
A rental market study must have been completed within 3 years before
submission of the application.
(n) The corporation may adopt rules to implement this section.
(o) This subsection first applies to the 2024 tax roll and is repealed
December 31, 2059.
Section 9. Section 196.1979, Florida Statutes, is created to read:
196.1979 County and municipal affordable housing property exemption.
(1)(a) Notwithstanding ss. 196.195 and 196.196, the board of county
commissioners of a county or the governing body of a municipality may adopt
an ordinance to exempt those portions of property used to provide affordable
housing meeting the requirements of this section. Such property is
considered property used for a charitable purpose. To be eligible for the
exemption, the portions of property
1. Must be used to house natural persons or families whose annual
household income:
a. Is greater than 30 percent but not more than 60 percent of the median
annual adjusted gross income for households within the metropolitan
statistical area or, if not within a metropolitan statistical area, within the
county in which the person or family resides; or
b. Does not exceed 30 percent of the median annual adjusted gross
income for households within the metropolitan statistical area or, if not
within a metropolitan statistical area, within the county in which the person
or family resides;
2. Must be within a multifamily project containing 50 or more residential
units, at least 20 percent of which are used to provide affordable housing
that meets the requirements of this section;
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Ch. 2023-17 LAWS OF FLORIDA Ch. J 12.A.1
3. Must be rented for an amount no greater than the amount as specified
by the most recent multifamily rental programs income and rent limit chart
posted by the corporation and derived from the Multifamily Tax Subsidy
Projects Income Limits published by the United States D partment of
Housing and Urban D velopment or 90 percent of the fair market value rent
as determined by a rental market study meeting the requirements of
subsection (4), whichever is less;
4. May not have been cited for code violations on three or more occasions
in the 24 months before the submission of a tax exemption application;
5. May not have any cited code violations that have not been properly
remedied by the property owner before the submission of a tax exemption
application; and
6. May not have any unpaid fines or charges relating to the cited code
violations. Payment of unpaid fines or charges before a final determination
on a property's qualification for an exemption under this section will not
exclude such property from eligibility if the property otherwise complies
with all other requirements for the exemption.
(b) Qualified property may receive an ad valorem property tax exemp-
tion of:
1. Up to 75 percent of the assessed value of each residential unit used to
provide affordable housing if fewer than 100 percent of the multifamily
project's residential units are used to provide affordable housing meeting the
requirements of this section.
2. Up to 100 percent of the assessed value if 100 percent of the
multifamily project's residential units are used to provide affordable housing
meeting the requirements of this section.
(c) The board of county commissioners of the county or the governing
body of the municipality, as applicable, may choose to adopt an ordinance
that exempts property used to provide affordable housing for natural
persons or families meeting the income limits of sub -subparagraph (a)La.,
natural persons or families meeting the income limits of sub -subparagraph
(a)l.b., or both.
(2) If a residential unit that in the previous year qualified for the
exemption under this section and was occupied by a tenant is vacant on
January 1, the vacant unit may_qualify for the exemption under this section
if the use of the unit is restricted to providing affordable housing that would
otherwise meet the requirements of this section and a reasonable effort is
made to lease the unit to eligible persons or families.
(3) An ordinance granting the exemption authorized by this section
must:
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Ch. 2023-17 LAWS OF FLORIDA Ch. 20 12.A.1
(a) Be adopted under the procedures for adoption of a nonemergency
ordinance by a board of county commissioners specified in chapter 125 or by
a municipal governing body pecified in chapter 166.
(b) Designate the local entity under the supervision of the board of
county commissioners or governing body of a municipality which must
develop, receive, and review applications for certification and develop
notices of determination of eligibility.
(c) Require the property owner to apply for certification by the local
entity in order to receive the exemption. The application for certification
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must be on a form provided by the local entity designated pursuant to
paragraph (b) and include all of the following_
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1. The most recently completed rental market study meeting the
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requirements of subsection (4).
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2. A list of the units for which the property owner seeks an exemption.
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3. The rent amount received by the property owner for each unit for
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which the property owner seeks an exemption. If a unit is vacant and
qualifies for an exemption under subsection (2), the property owner must
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provide evidence of the published rent amount for the vacant unit.
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(d) Require the local entity to verify and certify property that meets the
requirements of the ordinance as qualified property and forward the
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certification to the property owner and the property appraiser. If the local
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entity denies the exemption, it must notify the applicant and include reasons
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for the denial.
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(e) Require the eligible unit to meet the eligibility criteria of paragraph
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(f) Require the property owner to submit an application for exemption,
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on a form prescribed by the department, accompanied by the certification of
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qualified property, to the property appraiser no later than March 1.
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(g) Specify that the exemption applies only to the taxes levied by the unit
of government granting the exemption.
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(h) Specify that the property may not receive an exemption authorized by
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this section after expiration or repeal of the ordinance.
(i) Identify the percentage of the assessed value which is exempted,
subject to the percentage limitations in paragraph (1)(b).
(i) Identify whether the exemption applies to natural persons or families
meeting the income limits of sub -subparagraph (1)(a)1.a., natural persons or
families meeting the income limits of sub -subparagraph (1)(a)l.b., or both.
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Ch. 2023-17 LAWS OF FLORIDA Ch. J 12.A.1
(k) Require that the deadline to submit an application for certification be
published on the county's or municipality's website. The deadline must allow
adequate time for a property owner to make a timely application for
exemption to the property appraiser.
(1) Require the county or municipality to post on its website a list of
certified properties for the purpose of facilitating access to affordable
housing.
(4) A rental market study submitted as required by paragraph (3)(c)
must identify the fair market value rent of each unit for which a property
owner seeks an exemption. Only a certified general appraiser, as defined in
s. 475.611, may issue a rental market study. The certified general appraiser
must be independent of the property owner who requests a rental market
study. In preparing the rental market study, a certified general appraiser
shall comply with the standards of professional practice pursuant to part II
of chapter 475 and use comparable property within the same geographic
area and of the same type as the property for which the exemption is sought.
A rental market study must have been completed within 3 ears before
submission of the application.
(5) An ordinance adopted under this section must expire before the
fourth January 1 after adoption; however, the board of county commis-
sioners or the governing body of the municipality may adopt a new ordinance
to renew the exemption. The board of county commissioners or the governing
body of the municipality shall deliver a copy of an ordinance adopted under
this section to the department and the property appraiser within 10 days
after its adoption. If the ordinance expires or is repealed, the board of county
commissioners or the governing body of the municipality must notify the
department and the property appraiser within 10 days after its expiration or
repeal.
(6) If the property appraiser determines that for any year during the
immediately previous 10 years a person who was not entitled to an
exemption under this section was granted such an exemption, the property
appraiser must serve upon the owner a notice of intent to record in the public
records of the county a notice of tax lien against any property owned by that
person in the county, and that property must be identified in the notice of tax
lien. Any property owned by the taxpayer and situated in this state is subject
to the taxes exempted by the improper exemption, plus a penalty of 50
percent of the unpaid taxes for each year and interest at a rate of 15 percent
per annum. If an exemption is improperly granted as a result of a clerical
mistake or an omission by the property appraiser, the property owner
improperly receiving the exemption may not be assessed a penalty or
interest.
(7) This section first applies to the 2024 tax roll.
Section 10. Section 201.15, Florida Statutes, is amended to read:
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Ch. 2023-17 LAWS OF FLORIDA
Ch. 202 12.A.1
201.15 Distribution of taxes collected. —All taxes collected under this
chapter are hereby pledged and shall be first made available to make
payments when due on bonds issued pursuant to s. 215.618 or s. 215.619, or
any other bonds authorized to be issued on a parity basis with such bonds.
Such pledge and availability for the payment of these bonds shall have
priority over any requirement for the payment of service charges or costs of
collection and enforcement under this section. All taxes ^ lleetea „der this
ehapter, exeept taxes distributed to the Land Aequisition Trust Fund
imposed iris. 215.`'� Before distribution pursuant to this section, the
Department of Revenue shall deduct amounts necessary to pay the costs of
the collection and enforcement of the tax levied by this chapter. The costs
and service ehar e may not be levied against any portion of taxes pledged to
debt service on bonds to the extent that the costs and service eharge are
required to pay any amounts relating to the bonds. All of the costs of the
collection and enforcement of the tax levied by this chapter and the s^m,;^^
eharge shall be available and transferred to the extent necessary to pay debt
service and any other amounts payable with respect to bonds authorized
before January 1, 2017, secured by revenues distributed pursuant to this
section. All taxes remaining after deduction of costs shall be distributed as
follows:
(1) Amounts necessary to make payments on bonds issued pursuant to s.
215.618 or s. 215.619, as provided under paragraphs (3)(a) and (b), or on any
other bonds authorized to be issued on a parity basis with such bonds shall
be deposited into the Land Acquisition Trust Fund.
(2) If the amounts deposited pursuant to subsection (1) are less than 33
percent of all taxes collected after first deducting the costs of collection, an
amount equal to 33 percent of all taxes collected after first deducting the
costs of collection, minus the amounts deposited pursuant to subsection (1),
shall be deposited into the Land Acquisition Trust Fund.
(3) Amounts on deposit in the Land Acquisition Trust Fund shall be used
in the following order:
(a) Payment of debt service or funding of debt service reserve funds,
rebate obligations, or other amounts payable with respect to Florida Forever
bonds issued pursuant to s. 215.618. The amount used for such purposes
may not exceed $300 million in each fiscal year. It is the intent of the
Legislature that all bonds issued to fund the Florida Forever Act be retired
by December 31, 2040. Except for bonds issued to refund previously issued
bonds, no series of bonds may be issued pursuant to this paragraph unless
such bonds are approved and the debt service for the remainder of the fiscal
year in which the bonds are issued is specifically appropriated in the General
Appropriations Act or other law with respect to bonds issued for the
purposes of s. 373.4598.
(b) Payment of debt service or funding of debt service reserve funds,
rebate obligations, or other amounts due with respect to Everglades
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Ch. 2023-17 LAWS OF FLORIDA Ch. J 12.A.1
restoration bonds issued pursuant to s. 215.619. Taxes distributed under
paragraph (a) and this paragraph must be collectively distributed on a pro
rata basis when the available moneys under this subsection are not
sufficient to cover the amounts required under paragraph (a) and this
paragraph.
Bonds issued pursuant to s. 215.618 or s. 215.619 are equally and ratably
secured by moneys distributable to the Land Acquisition Trust Fund.
(4) After the required distributions to the Land Acquisition Trust Fund
pursuant to subsections (1) and (2), the lesser of 8 percent of the remainder
or $150 million in each fiscal year shall be paid into the State Treasury to the
credit of the State Housing Trust Fund and shall be expended pursuant to s.
420.50871. If 8 percent of the remainder is greater than $150 million in any
fiscal year, the difference between 8 percent of the remainder and $150
million shall be paid into the State Treasury to the credit of the General
Revenue Fund. andded etion of the h ^d pursuant to r
`" 5 20( The remainder shall be distributed as follows:
(a) The lesser of 20.5453 percent of the remainder or $466.75 million in
each fiscal year shall be paid into the State Treasury to the credit of the State
Transportation Trust Fund. Notwithstanding any other law, the amount
credited to the State Transportation Trust Fund shall be used for:
1. Capital funding for the New Starts Transit Program, authorized by
Title 49, U.S.C. s. 5309 and specified in s. 341.051, in the amount of 10
percent of the funds;
2. The Small County Outreach Program specified in s. 339.2818, in the
amount of 10 percent of the funds;
3. The Strategic Intermodal System specified in ss. 339.61, 339.62,
339.63, and 339.64, in the amount of 75 percent of the funds after deduction
of the payments required pursuant to subparagraphs 1. and 2.; and
4. The Transportation Regional Incentive Program specified in s.
339.2819, in the amount of 25 percent of the funds after deduction of the
payments required pursuant to subparagraphs 1. and 2. The first $60
million of the funds allocated pursuant to this subparagraph shall be
allocated annually to the Florida Rail Enterprise for the purposes estab-
lished in s. 341.303(5).
(b) The lesser of 0.1456 percent of the remainder or $3.25 million in each
fiscal year shall be paid into the State Treasury to the credit of the Grants
and Donations Trust Fund in the Department of Economic Opportunity to
fund technical assistance to local governments.
Moneys distributed pursuant to paragraphs (a) and (b) may not be pledged
for debt service unless such pledge is approved by referendum of the voters.
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Ch. 2023-17 LAWS OF FLORIDA
Ch. 202 12.A.1
(c) An amount equaling 4.5 percent of the remainder in each fiscal year
shall be paid into the State Treasury to the credit of the State Housing Trust
Fund. The funds shall be used as follows:
1. Half of that amount shall be used for the purposes for which the State
Housing Trust Fund was created and exists by law.
2. Half of that amount shall be paid into the State Treasury to the credit
of the Local Government Housing Trust Fund and used for the purposes for
which the Local Government Housing Trust Fund was created and exists by
law.
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(d) An amount equaling 5.20254 percent of the remainder in each fiscal
year shall be paid into the State Treasury to the credit of the State Housing
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Trust Fund. Of such funds:
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1. Twelve and one-half percent of that amount shall be deposited into the
State Housing Trust Fund and expended by the Department of Economic
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Opportunity and the Florida Housing Finance Corporation for the purposes
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for which the State Housing Trust Fund was created and exists by law.
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2. Eighty-seven and one-half percent of that amount shall be distributed
to the Local Government Housing Trust Fund and used for the purposes for
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which the Local Government Housing Trust Fund was created and exists by
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law. Funds from this category may also be used to provide for state and local
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services to assist the homeless.
(e) The lesser of 0.017 percent of the remainder or $300,000 in each fiscal
year shall be paid into the State Treasury to the credit of the General
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Inspection Trust Fund to be used to fund oyster management and
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restoration programs as provided in s. 379.362(3).
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(f) A total of $75 million shall be paid into the State Treasury to the
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credit of the State Economic Enhancement and Development Trust Fund
within the Department of Economic Opportunity.
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(g) An amount equaling 5.4175 percent of the remainder shall be paid
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into the Resilient Florida Trust Fund to be used for the purposes for which
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the Resilient Florida Trust Fund was created and exists by law. Funds may
be used for planning and project grants.
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(h) An amount equaling 5.4175 percent of the remainder shall be paid
into the Water Protection and Sustainability Program Trust Fund to be used
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to fund wastewater grants as specified in s. 403.0673.
(5) Notwithstanding s. 215.32(2)(b)4.a., funds distributed to the State
Housing' Trust Fund and expended pursuant to s. 420.50871 and funds
distributed to the State Housing Trust Fund and the Local Government
Housing Trust Fund pursuant to paragraphs (4)(c) and (d) paragraph (4)(e)
may not be transferred to the General Revenue Fund in the General
Appropriations Act.
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Ch. 2023-17 LAWS OF FLORIDA Ch. J 12.A.1
(6) After the distributions provided in the preceding subsections, any
remaining taxes shall be paid into the State Treasury to the credit of the
General Revenue Fund.
Section 11. The amendments made by this act to s. 201.15, Florida
Statutes, expire on July 1, 2033, and the text of that section shall revert to
that in existence on June 30, 2023, except that any amendments to such text
enacted other than by this act must be preserved and continue to operate to
the extent that such amendments are not dependent upon the portions of the
text which expire pursuant to this section.
Section 12. Paragraph (p) of subsection (5) of section 212.08, Florida
Statutes, is amended, and paragraph (v) is added to that subsection, to read:
212.08 Sales, rental, use, consumption, distribution, and storage tax;
specified exemptions. —The sale at retail, the rental, the use, the consump-
tion, the distribution, and the storage to be used or consumed in this state of
the following are hereby specifically exempt from the tax imposed by this
chapter.
(5) EXEMPTIONS; ACCOUNT OF USE.—
(p) Community contribution tax credit for donations.
1. Authorization. —Persons who are registered with the department
under s. 212.18 to collect or remit sales or use tax and who make donations to
eligible sponsors are eligible for tax credits against their state sales and use
tax liabilities as provided in this paragraph:
a. The credit shall be computed as 50 percent of the person's approved
annual community contribution.
b. The credit shall be granted as a refund against state sales and use
taxes reported on returns and remitted in the 12 months preceding the date
of application to the department for the credit as required in sub -
subparagraph 3.c. If the annual credit is not fully used through such refund
because of insufficient tax payments during the applicable 12-month period,
the unused amount may be included in an application for a refund made
pursuant to sub -subparagraph 3.c. in subsequent years against the total tax
payments made for such year. Carryover credits may be applied for a 3-year
period without regard to any time limitation that would otherwise apply
under s. 215.26.
c. A person may not receive more than $200,000 in annual tax credits for
all approved community contributions made in any one year.
d. All proposals for the granting of the tax credit require the prior
approval of the Department of Economic Opportunity.
e. The total amount of tax credits which may be granted for all programs
approved under this paragraph and ss. 220.183 and 624.5105 is 25$44-.5
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Ch. 2023-17 LAWS OF FLORIDA
Ch. 202 12.A.1
million in the 2023-2024 2ll�v23 fiscal year and in each fiscal year
thereafter for projects that provide housing opportunities for persons with
special needs or homeownership opportunities for low-income households or
very -low-income households and $4.5 million in the 2022-2023 fiscal year
and in each fiscal year thereafter for all other projects. As used in this
paragraph, the term "person with special needs" has the same meaning as in
s. 420.0004 and the terms "low-income person," "low-income household,"
"very -low-income person," and "very -low-income household" have the same
meanings as in s. 420.9071.
f. A person who is eligible to receive the credit provided in this
paragraph, s. 220.183, or s. 624.5105 may receive the credit only under
one section of the person's choice.
2. Eligibility requirements. —
a. A community contribution by a person must be in the following form:
(I) Cash or other liquid assets;
(II) Real property, including 100 percent ownership of a real property
holding company;
(III) Goods or inventory; or
(IV) Other physical resources identified by the Department of Economic
Opportunity.
For purposes of this sub -subparagraph, the term "real property holding
company" means a Florida entity, such as a Florida limited liability
company, that is wholly owned by the person; is the sole owner of real
property, as defined in s. 192.001(12), located in this the state; is disregarded
as an entity for federal income tax purposes pursuant to 26 C.F.R. s.
301.7701-3(b)(1)(ii); and at the time of contribution to an eligible sponsor,
has no material assets other than the real property and any other property
that qualifies as a community contribution.
b. All community contributions must be reserved exclusively for use in a
project. As used in this sub -subparagraph, the term "project" means activity
undertaken by an eligible sponsor which is designed to construct, improve,
or substantially rehabilitate housing that is affordable to low-income
households or very -low-income households; designed to provide housing
opportunities for persons with special needs; designed to provide commer-
cial, industrial, or public resources and facilities; or designed to improve
entrepreneurial and job -development opportunities for low-income persons.
A project may be the investment necessary to increase access to high-speed
broadband capability in a rural community that had an enterprise zone
designated pursuant to chapter 290 as of May 1, 2015, including projects
that result in improvements to communications assets that are owned by a
business. A project may include the provision of museum educational
programs and materials that are directly related to a project approved
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Ch. 2023-17 LAWS OF FLORIDA Ch. J 12.A.1
between January 1, 1996, and December 31, 1999, and located in an area
which was in an enterprise zone designated pursuant to s. 290.0065 as of
May 1, 2015. This paragraph does not preclude projects that propose to
construct or rehabilitate housing for low-income households or very -low-
income households on scattered sites or housing opportunities for persons
with special needs. With respect to housing, contributions may be used to
pay the following eligible special needs, low-income, and very -low-income
housing -related activities:
(I) Project development impact and management fees for special needs,
low-income, or very -low-income housing projects; 0
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(II) Down payment and closing costs for persons with special needs, low-
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income persons, and very -low-income persons;
(III) Administrative costs, including housing counseling and marketing
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fees, not to exceed 10 percent of the community contribution, directly related
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to special needs, low-income, or very -low-income projects; and
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(IV) Removal of liens recorded against residential property by munici-
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pal, county, or special district local governments if satisfaction of the lien is a
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necessary precedent to the transfer of the property to a low-income person or
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very -low-income person for the purpose of promoting home ownership.
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Contributions for lien removal must be received from a nonrelated third
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party.
c. The project must be undertaken by an "eligible sponsor," which
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includes:
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(I) A community action program;
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(II) A nonprofit community -based development organization whose
mission is the provision of housing for persons with special needs, low-
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income households, or very -low-income households or increasing entrepre-
neurial and job -development opportunities for low-income persons;
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(III) A neighborhood housing services corporation;
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(IV) A local housing authority created under chapter 421;
(V) A community redevelopment agency created under s. 163.356;
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(VI) A historic preservation district agency or organization;
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(VII) A local workforce development board;
(VIII) A direct -support organization as provided in s. 1009.983;
(IX) An enterprise zone development agency created under s. 290.0056;
(X) A community -based organization incorporated under chapter 617
which is recognized as educational, charitable, or scientific pursuant to s.
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Ch. 2023-17 LAWS OF FLORIDA
Ch. 202 12.A.1
501(c)(3) of the Internal Revenue Code and whose bylaws and articles of
incorporation include affordable housing, economic development, or com-
munity development as the primary mission of the corporation;
(XI) Units of local government;
(XII) Units of state government; or
(XIII) Any other agency that the Department of Economic Opportunity
designates by rule.
A contributing person may not have a financial interest in the eligible
sponsor.
d. The project must be located in an area which was in an enterprise zone
designated pursuant to chapter 290 as of May 1, 2015, or a Front Porch
Florida Community, unless the project increases access to high-speed
broadband capability in a rural community that had an enterprise zone
designated pursuant to chapter 290 as of May 1, 2015, but is physically
located outside the designated rural zone boundaries. Any project designed
to construct or rehabilitate housing for low-income households or very -low-
income households or housing opportunities for persons with special needs is
exempt from the area requirement of this sub -subparagraph.
e.(I) If, during the first 10 business days of the state fiscal year, eligible
tax credit applications for projects that provide housing opportunities for
persons with special needs or homeownership opportunities for low-income
households or very -low-income households are received for less than the
annual tax credits available for those projects, the Department of Economic
Opportunity shall grant tax credits for those applications and grant
remaining tax credits on a first -come, first -served basis for subsequent
eligible applications received before the end of the state fiscal year. If, during
the first 10 business days of the state fiscal year, eligible tax credit
applications for projects that provide housing opportunities for persons
with special needs or homeownership opportunities for low-income house-
holds or very -low-income households are received for more than the annual
tax credits available for those projects, the Department of Economic
Opportunity shall grant the tax credits for those applications as follows:
(A) If tax credit applications submitted for approved projects of an
eligible sponsor do not exceed $200,000 in total, the credits shall be granted
in full if the tax credit applications are approved.
(B) If tax credit applications submitted for approved projects of an
eligible sponsor exceed $200,000 in total, the amount of tax credits granted
pursuant to sub -sub -sub -subparagraph (A) shall be subtracted from the
amount of available tax credits, and the remaining credits shall be granted
to each approved tax credit application on a pro rata basis.
(II) If, during the first 10 business days of the state fiscal year, eligible
tax credit applications for projects other than those that provide housing
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Ch. 2023-17 LAWS OF FLORIDA Ch. J 12.A.1
opportunities for persons with special needs or homeownership opportu-
nities for low-income households or very -low-income households are received
for less than the annual tax credits available for those projects, the
Department of Economic Opportunity shall grant tax credits for those
applications and shall grant remaining tax credits on a first -come, first -
served basis for subsequent eligible applications received before the end of
the state fiscal year. If, during the first 10 business days of the state fiscal
year, eligible tax credit applications for projects other than those that
provide housing opportunities for persons with special needs or homeowner-
ship opportunities for low-income households or very -low-income households
are received for more than the annual tax credits available for those projects,
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the Department of Economic Opportunity shall grant the tax credits for
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those applications on a pro rata basis.
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3. Application requirements.—
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a. An eligible sponsor seeking to participate in this program must submit
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a proposal to the Department of Economic Opportunity which sets forth the
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name of the sponsor, a description of the project, and the area in which the
project is located, together with such supporting information as is prescribed
by rule. The proposal must also contain a resolution from the local
governmental unit in which the project is located certifying that the project
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is consistent with local plans and regulations.
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b. A person seeking to participate in this program must submit an
application for tax credit to the Department of Economic Opportunity which
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sets forth the name of the sponsor; a description of the project; and the type,
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value, and purpose of the contribution. The sponsor shall verify, in writing,
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the terms of the application and indicate its receipt of the contribution, and
such verification must accompany the application for tax credit. The person
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must submit a separate tax credit application to the Department of
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Economic Opportunity for each individual contribution that it makes to
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c. A person who has received notification from the Department of
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Economic Opportunity that a tax credit has been approved must apply to
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the department to receive the refund. Application must be made on the form
prescribed for claiming refunds of sales and use taxes and be accompanied by
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a copy of the notification. A person may submit only one application for
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refund to the department within a 12-month period.
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4. Administration.—
a. The Department of Economic Opportunity may adopt rules necessary
to administer this paragraph, including rules for the approval or disapproval
of proposals by a person.
b. The decision of the Department of Economic Opportunity must be in
writing, and, if approved, the notification shall state the maximum credit
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Ch. 2023-17 LAWS OF FLORIDA Ch. 20 12.A.1
allowable to the person. Upon approval, the Department of Economic
Opportunity shall transmit a copy of the decision to the department.
c. The Department of Economic Opportunity shall periodically monitor
all projects in a manner consistent with available resources to ensure that
resources are used in accordance with this paragraph; however, each project
must be reviewed at least once every 2 years.
d. The Department of Economic Opportunity shall, in consultation with
the statewide and regional housing and financial intermediaries, market the
availability of the community contribution tax credit program to community -
based organizations.
(v) Building materials used in construction of affordable housing units.
1. As used in this paragraph, the term:
a. "Affordable housing development" means property that has units
subject to an agreement with the Florida Housing Finance Corporation
pursuant to chapter 420 recorded in the official records of the county in
which the property is located to provide affordable housing to natural
persons or families meeting the extremely -low-income, very -low-income, or
low-income limits specified in s. 420.0004.
b. "Building materials" means tangible personal property that becomes a
component part of eligible residential units in an affordable housing
development. The term includes appliances and does not include plants,
landscaping, fencing, and hardscaping_
c. "Eligible residential units" means newly constructed units within an
affordable housing development which are restricted under the land use
restriction agreement.
d. "Newly constructed" means improvements to real property which did
not previously exist or the construction of a new improvement where an old
improvement was removed. The term does not include the renovation,
restoration, rehabilitation, modification, alteration, or expansion of build-
ings already located on the parcel on which the eligible residential unit is
built.
e. "Real property" has the same meaning as provided in s. 192.001(12).
f. "Substantially completed" has the same meaning as in s. 192.042(1).
2. Building materials used in eligible residential units are exempt from
the tax imposed by this chapter if an owner demonstrates to the satisfaction
of the department that the requirements of this paragraph have been met.
Except as provided in subparagraph 3., this exemption inures to the owner
at the time an eligible residential unit is substantially completed, but only
through a refund of previously paid taxes. To receive a refund pursuant to
this paragraph, the owner of the eligible residential units must file an
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Ch. 2023-17 LAWS OF FLORIDA Ch. J 12.A.1
application with the department. The application must include all of the
following:
a. The name and address of the person claiming the refund.
b. An address and assessment roll parcel number of the real property
that was improved for which a refund of previously paid taxes is being
sought.
c. A description of the eligible residential units for which a refund of
previously paid taxes is being sought, including the number of such units.
d. A copy of a valid building permit issued by the county or municipal
building department for the eligible residential units.
e. A sworn statement, under penalty of perjury, from the general
contractor licensed in this state with whom the owner contracted to build
the eligible residential units which specifies the building materials, the
actual cost of the building materials, and the amount of sales tax paid in this
state on the building materials, and which states that the improvement to
the real property was newly constructed. If a general contractor was not
used, the owner must make the sworn statement required by this sub -
subparagraph. Copies of the invoices evidencing the actual cost of the
building materials and the amount of sales tax paid on such building
materials must be attached to the sworn statement provided by the general
contractor or by the owner. If copies of such invoices are not attached, the
cost of the building materials is deemed to be an amount equal to 40 percent
of the increase in the final assessed value of the eligible residential units for
ad valorem tax purposes less the most recent assessed value of land for the
units.
f. A certification by the local building code inspector that the eligible
residential unit is substantially completed.
g. A copy of the land use restriction agreement with the Florida Housing
Finance Corporation for the eligible residential units.
3. The exemption under this paragraph inures to a municipality, county,
other governmental unit or agency, or nonprofit community -based organiza-
tion through a refund of previouslypaidtaxes if the building materials are
paid for from the funds of a community development block grant, the State
Housing Initiatives Partnership Program, or a similar grant or loan
program. To receive a refund, a municipality, county, other governmental
unit or agency, or nonprofit community -based organization must submit an
application that includes the same information required under subpara-
graph 2. In addition, the applicant must include a sworn statement signed by
the chief executive officer of the municipality, county, other governmental
unit or agency, or nonprofit community -based organization seeking a refund
which states that the building materials for which a refund is sought were
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Ch. 2023-17 LAWS OF FLORIDA Ch. 20 12.A.1
funded by a community development block grant, the State Housing
Initiatives Partnership Program, or a similar grant or loan program.
4. The person seeking a refund must submit an application for refund to
the department within 6 months after the eligible residential unit is deemed
to be substantially completed by the local building code inspector or by
November 1 after the improved property is first subject to assessment.
5. Only one exemption throu-ah a refund of previously raid taxes may be
claimed for any eligible residential unit. A refund may not be granted unless
the amount to be refunded exceeds $500. A refund may not exceed the lesser Q
of $5,000 or 97.5 percent of the Florida sales or use tax paid on the cost of
building materials as determined pursuant to sub -subparagraph 2.e. The O
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department shall issue a refund within 30 days after it formally approves a CD
refund application.
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6. The department may adopt rules governing the manner and format of O
refund applications and may establish guidelines as to the requisites for an c
affirmative showing of qualification for exemption under this paragraph. 0
7. This exemption under this paragraph applies to sales of building
materials that occur on or after July 1, 2023. c;
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Section 13. Subsection (24) is added to section 213.053, Florida Statutes,
to read:
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213.053 Confidentiality and information sharing.-
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(24) The department may make available to the Florida Housing 3
Finance Corporation, exclusively for official purposes, information for the c�
purpose of administering the Live Local Program pursuant to s. 420.50872.
Section 14. Section 215.212, Florida Statutes, is created to read: N
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215.212 Service charge elimination.— s
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(1) Notwithstanding s. 215.20(1), the service charge provided in s.
215.20(1) may not be deducted from the proceeds of the taxes distributed
under s. 201.15.
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(2) This section is repealed July, 2033. Q
Section 15. Paragraph (i) of subsection (1) of section 215.22, Florida
Statutes, is amended to read:
215.22 Certain income and certain trust funds exempt.—
(1) The following income of a revenue nature or the following trust funds
shall be exempt from the appropriation required by s. 215.20(1):
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Ch. 2023-17 LAWS OF FLORIDA Ch. J 12.A.1
(i) Bond proceeds or revenues dedicated for bond repayment, except for
the Documentary Stamp Clearing Trust Fund administered by the Depa
,tofRevenue.
Section 16. The amendment made by this act to s. 215.22, Florida
Statutes, expires on July 1, 2033, and the text of that section shall revert to
that in existence on June 30, 2023, except that any amendments to such text
enacted other than by this act must be preserved and continue to operate to
the extent that such amendments are not dependent upon the portions of the
text which expire pursuant to this section.
Section 17. Subsection (8) of section 220.02, Florida Statutes, is amended
to read:
220.02 Legislative intent.—
(8) It is the intent of the Legislature that credits against either the
corporate income tax or the franchise tax be applied in the following order:
those enumerated in s. 631.828, those enumerated in s. 220.191, those
enumerated in s. 220.181, those enumerated in s. 220.183, those enumerated
in s. 220.182, those enumerated in s. 220.1895, those enumerated in s.
220.195, those enumerated in s. 220.184, those enumerated in s. 220.186,
those enumerated in s. 220.1845, those enumerated in s. 220.19, those
enumerated in s. 220.185, those enumerated in s. 220.1875, those enum-
erated in s. 220.1876, those enumerated in s. 220.1877, those enumerated in
s. 220.1878, those enumerated in s. 220.193, those enumerated in s.
288.9916, those enumerated in s. 220.1899, those enumerated in s.
220.194, those enumerated in s. 220.196, those enumerated in s. 220.198,
and those enumerated in s. 220.1915.
Section 18. Paragraph (a) of subsection (1) of section 220.13, Florida
Statutes, is amended to read:
220.13 "Adjusted federal income" defined.—
(1) The term "adjusted federal income" means an amount equal to the
taxpayer's taxable income as defined in subsection (2), or such taxable
income of more than one taxpayer as provided in s. 220.131, for the taxable
year, adjusted as follows:
(a) Additions. —There shall be added to such taxable income:
La. The amount of any tax upon or measured by income, excluding taxes
based on gross receipts or revenues, paid or accrued as a liability to the
District of Columbia or any state of the United States which is deductible
from gross income in the computation of taxable income for the taxable year.
b. Notwithstanding sub -subparagraph a., if a credit taken under s.
220.1875, s. 220.1876, or s. 220.1877, or s. 220.1878 is added to taxable
income in a previous taxable year under subparagraph 11. and is taken as a
deduction for federal tax purposes in the current taxable year, the amount of
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Ch. 2023-17 LAWS OF FLORIDA
Ch. 202 12.A.1
the deduction allowed shall not be added to taxable income in the current
year. The exception in this sub -subparagraph is intended to ensure that the
credit under s. 220.1875, s. 220.1876, or s. 220.1877, or s. 220.1878 is added
in the applicable taxable year and does not result in a duplicate addition in a
subsequent year.
2. The amount of interest which is excluded from taxable income under s.
103(a) of the Internal Revenue Code or any other federal law, less the
associated expenses disallowed in the computation of taxable income under
s. 265 of the Internal Revenue Code or any other law, excluding 60 percent of
any amounts included in alternative minimum taxable income, as defined in
s. 55(b)(2) of the Internal Revenue Code, if the taxpayer pays tax under s.
220.11(3).
3. In the case of a regulated investment company or real estate
investment trust, an amount equal to the excess of the net long-term capital
gain for the taxable year over the amount of the capital gain dividends
attributable to the taxable year.
4. That portion of the wages or salaries paid or incurred for the taxable
year which is equal to the amount of the credit allowable for the taxable year
under s. 220.181. This subparagraph shall expire on the date specified in s.
290.016 for the expiration of the Florida Enterprise Zone Act.
5. That portion of the ad valorem school taxes paid or incurred for the
taxable year which is equal to the amount of the credit allowable for the
taxable year under s. 220.182. This subparagraph shall expire on the date
specified in s. 290.016 for the expiration of the Florida Enterprise Zone Act.
6. The amount taken as a credit under s. 220.195 which is deductible
from gross income in the computation of taxable income for the taxable year.
7. That portion of assessments to fund a guaranty association incurred
for the taxable year which is equal to the amount of the credit allowable for
the taxable year.
8. In the case of a nonprofit corporation which holds a pari-mutuel
permit and which is exempt from federal income tax as a farmers'
cooperative, an amount equal to the excess of the gross income attributable
to the pari-mutuel operations over the attributable expenses for the taxable
year.
9. The amount taken as a credit for the taxable year under s. 220.1895
10. Up to nine percent of the eligible basis of any designated project
which is equal to the credit allowable for the taxable year under s. 220.185.
11. Any amount taken as a credit for the taxable year under s. 220.1875,
s. 220.1876, or s. 220.1877, or s. 220.1878. The addition in this subparagraph
is intended to ensure that the same amount is not allowed for the tax
purposes of this state as both a deduction from income and a credit against
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Ch. 2023-17 LAWS OF FLORIDA Ch. 12.A.1
the tax. This addition is not intended to result in adding the same expense
back to income more than once.
12. The amount taken as a credit for the taxable year under s. 220.193.
13. Any portion of a qualified investment, as defined in s. 288.9913,
which is claimed as a deduction by the taxpayer and taken as a credit against
income tax pursuant to s. 288.9916.
14. The costs to acquire a tax credit pursuant to s. 288.1254(5) that are
deducted from or otherwise reduce federal taxable income for the taxable
year.
15. The amount taken as a credit for the taxable year pursuant to s
220.194.
16. The amount taken as a credit for the taxable year under s. 220.196.
The addition in this subparagraph is intended to ensure that the same
amount is not allowed for the tax purposes of this state as both a deduction
from income and a credit against the tax. The addition is not intended to
result in adding the same expense back to income more than once.
17. The amount taken as a credit for the taxable year pursuant to s
220.198.
18. The amount taken as a credit for the taxable year pursuant to s
220.1915.
Section 19. Paragraph (c) of subsection (1) of section 220.183, Florida
Statutes, is amended to read:
220.183 Community contribution tax credit.—
(1) AUTHORIZATION TO GRANT COMMUNITY CONTRIBUTION
TAX CREDITS; LIMITATIONS ON INDIVIDUAL CREDITS AND PRO-
GRAM SPENDING.—
(c) The total amount of tax credit which may be granted for all programs
approved under this section and ss. 212.08(5)(p) and 624.5105 is 25
million in the 2023-2024 2022 2023 fiscal year and in each fiscal year
thereafter for projects that provide housing opportunities for persons with
special needs as defined in s. 420.0004 and homeownership opportunities for
low-income households or very -low-income households as defined in s.
420.9071 and $4.5 million in the 2022-2023 fiscal year and in each fiscal year
thereafter for all other projects.
Section 20. Subsection (2) of section 220.186, Florida Statutes, is
amended to read:
220.186 Credit for Florida alternative minimum tax.
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Ch. 2023-17 LAWS OF FLORIDA Ch. 20 12.A.1
(2) The credit pursuant to this section shall be the amount of the excess,
if any, of the tax paid based upon taxable income determined pursuant to s.
220.13(2)(k) over the amount of tax which would have been due based upon
taxable income without application of s. 220.13(2)(k), before application of
this credit without application of any credit under s. 220.1875, s. 220.1876,
or s. 220.1877, or s. 220.1878.
Section 21. Section 220.1878, Florida Statutes, is created to read:
220.1878 Credit for contributions to the Live Local Program.—
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(1) For taxable years beginning on or after January 1, 2023, there is
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allowed a credit of 100 percent of an eligible contribution made to the Live
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Local Program under s. 420.50872 against any tax due for a taxable year
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under this chapter after the application of any other allowable credits by the
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taxpayer. An eligible contribution must be made to the Live Local Program
on or before the date the taxpayer is required to file a return pursuant to s.
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220.222. The credit granted by this section must be reduced by the difference
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between the amount of federal corporate income tax, taking into account the
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credit granted by this section, and the amount of federal corporate income
tax without application of the credit granted by this section.
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(2) A taxpayer who files a Florida consolidated return as a member of an
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affiliated group pursuant to s. 220.131(1) may be allowed the credit on a
consolidated return basis; however, the total credit taken by the affiliated
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group is subject to the limitation established under subsection (1).
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(3) Section 420.50872 applies to the credit authorized by this section.
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(4) If a taxpayer applies and is approved for a credit under s. 420.50872
after timely requesting an extension to file under s. 220.222(2):
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(a) The credit does not reduce the amount of tax due for purposes of the
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department's determination as to whether the taxpayer was in compliance
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with the requirement to pay tentative taxes under ss. 220.222 and 220.32.
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(b) The taxpayer's noncompliance with the requirement to pay tentative
taxes shall result in the revocation and rescindment of any such credit.
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(c) The taxpayer shall be assessed for any taxes, penalties, or interest
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due from the taxpayer's noncompliance with the requirement to pay Q
tentative taxes.
Section 22. Paragraph (c) of subsection (2) of section 220.222, Florida
Statutes, is amended to read:
220.222 Returns; time and place for filing.—
(2)
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Ch. 2023-17 LAWS OF FLORIDA Ch. J 12.A.1
(c)L For purposes of this subsection, a taxpayer is not in compliance with
s. 220.32 if the taxpayer underpays the required payment by more than the
greater of $2,000 or 30 percent of the tax shown on the return when filed.
2. For the purpose of determining compliance with s. 220.32 as
referenced in subparagraph 1., the tax shown on the return when filed
must include the amount of the allowable credits taken on the return
pursuant to s. 220.1878.
Section 23. Subsection (5) of section 253.034, Florida Statutes, is
amended to read:
253.034 State-owned lands; uses.
(5) Each manager of conservation lands shall submit to the Division of
State Lands a land management plan at least every 10 years in a form and
manner adopted by rule of the board of trustees and in accordance with s.
259.032. Each manager of conservation lands shall also update a land
management plan whenever the manager proposes to add new facilities or
make substantive land use or management changes that were not addressed
in the approved plan, or within 1 year after the addition of significant new
lands. Each manager of nonconservation lands shall submit to the Division
of State Lands a land use plan at least every 10 years in a form and manner
adopted by rule of the board of trustees. The division shall review each plan
for compliance with the requirements of this subsection and the require-
ments of the rules adopted by the board of trustees pursuant to this section.
All nonconservation land use plans, whether for single -use or multiple -use
properties, shall be managed to provide the greatest benefit to the state.
Plans for managed areas larger than 1,000 acres shall contain an analysis of
the multiple -use potential of the property which includes the potential of the
property to generate revenues to enhance the management of the property.
In addition, the plan shall contain an analysis of the potential use of private
land managers to facilitate the restoration or management of these lands
and whether nonconservation lands would be more appropriately trans-
ferred to the county or municipality in which the land is located for the
purpose of providing affordable multifamily rental housing that meets the
criteria of s. 420.0004(3). If a newly acquired property has a valid
conservation plan that was developed by a soil and conservation district,
such plan shall be used to guide management of the property until a formal
land use plan is completed.
(a) State conservation lands shall be managed to ensure the conserva-
tion of this the state's plant and animal species and to ensure the
accessibility of state lands for the benefit and enjoyment of all people of
this the state, both present and future. Each land management plan for state
conservation lands shall provide a desired outcome, describe both short-term
and long-term management goals, and include measurable objectives to
achieve those goals. Short-term goals shall be achievable within a 2-year
planning period, and long-term goals shall be achievable within a 10-year
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Ch. 2023-17 LAWS OF FLORIDA
Ch. 202 12.A.1
planning period. These short-term and long-term management goals shall
be the basis for all subsequent land management activities.
(b) Short-term and long-term management goals for state conservation
lands shall include measurable objectives for the following, as appropriate:
1. Habitat restoration and improvement.
2. Public access and recreational opportunities.
3. Hydrological preservation and restoration.
4. Sustainable forest management.
5. Exotic and invasive species maintenance and control.
6. Capital facilities and infrastructure.
7. Cultural and historical resources.
8. Imperiled species habitat maintenance, enhancement, restoration, or
population restoration.
(c) The land management plan shall, at a minimum, contain the
following elements:
1. A physical description of the land.
2. A quantitative data description of the land which includes an
inventory of forest and other natural resources; exotic and invasive plants;
hydrological features; infrastructure, including recreational facilities; and
other significant land, cultural, or historical features. The inventory shall
reflect the number of acres for each resource and feature, when appropriate.
The inventory shall be of such detail that objective measures and bench-
marks can be established for each tract of land and monitored during the
lifetime of the plan. All quantitative data collected shall be aggregated,
standardized, collected, and presented in an electronic format to allow for
uniform management reporting and analysis. The information collected by
the Department of Environmental Protection pursuant to s. 253.0325(2)
shall be available to the land manager and his or her assignee.
3. A detailed description of each short-term and long-term land manage-
ment goal, the associated measurable objectives, and the related activities
that are to be performed to meet the land management objectives. Each land
management objective must be addressed by the land management plan,
and if practicable, a land management objective may not be performed to the
detriment of the other land management objectives.
4. A schedule of land management activities which contains short-term
and long-term land management goals and the related measurable objective
and activities. The schedule shall include for each activity a timeline for
completion, quantitative measures, and detailed expense and manpower
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Ch. 2023-17 LAWS OF FLORIDA Ch. J 12.A.1
budgets. The schedule shall provide a management tool that facilitates
development of performance measures.
5. A summary budget for the scheduled land management activities of
the land management plan. For state lands containing or anticipated to
contain imperiled species habitat, the summary budget shall include any
fees anticipated from public or private entities for projects to offset adverse
impacts to imperiled species or such habitat, which fees shall be used solely
to restore, manage, enhance, repopulate, or acquire imperiled species
habitat. The summary budget shall be prepared in such manner that it
facilitates computing an aggregate of land management costs for all state -
managed lands using the categories described in s. 259.037(3).
(d) Upon completion, the land management plan must be transmitted to
the Acquisition and Restoration Council for review. The council shall have
90 days after receipt of the plan to review the plan and submit its
recommendations to the board of trustees. During the review period, the
land management plan may be revised if agreed to by the primary land
manager and the council taking into consideration public input. The land
management plan becomes effective upon approval by the board of trustees.
(e) Land management plans are to be updated every 10 years on a
rotating basis. Each updated land management plan must identify any
conservation lands under the plan, in part or in whole, that are no longer
needed for conservation purposes and could be disposed of in fee simple or
with the state retaining a permanent conservation easement.
(f) In developing land management plans, at least one public hearing
shall be held in any one affected county.
(g) The Division of State Lands shall make available to the public an
electronic copy of each land management plan for parcels that exceed 160
acres in size. The division shall review each plan for compliance with the
requirements of this subsection, the requirements of chapter 259, and the
requirements of the rules adopted by the board of trustees pursuant to this
section. The Acquisition and Restoration Council shall also consider the
propriety of the recommendations of the managing entity with regard to the
future use of the property, the protection of fragile or nonrenewable
resources, the potential for alternative or multiple uses not recognized by
the managing entity, and the possibility of disposal of the property by the
board of trustees. After its review, the council shall submit the plan, along
with its recommendations and comments, to the board of trustees. The
council shall specifically recommend to the board of trustees whether to
approve the plan as submitted, approve the plan with modifications, or reject
the plan. If the council fails to make a recommendation for a land
management plan, the Secretary of Environmental Protection, Commis-
sioner of Agriculture, or executive director of the Fish and Wildlife
Conservation Commission or their designees shall submit the land manage-
ment plan to the board of trustees.
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Ch. 2023-17 LAWS OF FLORIDA
Ch. 202 12.A.1
(h) The board of trustees shall consider the land management plan
submitted by each entity and the recommendations of the Acquisition and
Restoration Council and the Division of State Lands and shall approve the
plan with or without modification or reject such plan. The use or possession
of any such lands that is not in accordance with an approved land
management plan is subject to termination by the board of trustees.
GA. State nonconservation lands shall be managed to provide the
greatest benefit to the state. State nonconservation lands may be grouped
by similar land use types under one land use plan. Each land use plan shall,
at a minimum, contain the following elements:
a. A physical description of the land to include any significant natural or
cultural resources as well as management strategies developed by the land
manager to protect such resources.
b. A desired development outcome.
c. A schedule for achieving the desired development outcome.
d. A description of both short-term and long-term development goals.
e. A management and control plan for invasive nonnative plants.
f. A management and control plan for soil erosion and soil and water
contamination.
g. Measureable objectives to achieve the goals identified in the land use
plan.
2. Short-term goals shall be achievable within a 5-year planning period
and long-term goals shall be achievable within a 10-year planning period.
3. The use or possession of any such lands that is not in accordance with
an approved land use plan is subject to termination by the board of trustees.
4. Land use plans submitted by a manager shall include reference to
appropriate statutory authority for such use or uses and shall conform to the
appropriate policies and guidelines of the state land management plan.
Section 24. Subsection (1) of section 253.0341, Florida Statutes, is
amended to read:
253.0341 Surplus of state-owned lands.
(1) The board of trustees shall determine which lands, the title to which
is vested in the board, may be surplused. For all conservation lands, the
Acquisition and Restoration Council shall make a recommendation to the
board of trustees, and the board of trustees shall determine whether the
lands are no longer needed for conservation purposes. If the board of trustees
determines the lands are no longer needed for conservation purposes, it may
dispose of such lands by an affirmative vote of at least three members. In the
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Ch. 2023-17 LAWS OF FLORIDA Ch. J 12.A.1
case of a land exchange involving the disposition of conservation lands, the
board of trustees must determine by an affirmative vote of at least three
members that the exchange will result in a net positive conservation benefit.
For all nonconservation lands, the board of trustees shall determine whether
the lands are no longer needed. If the board of trustees determines the lands
are no longer needed, it may dispose of such lands by an affirmative vote of at
least three members. Local government requests for the state to surplus
conservation or nonconservation lands, whether for purchase, or exchange,
or any other means of transfer, must shall be expedited throughout the
surplusing process. Property jointly acquired by the state and other entities
may not be surplused without the consent of all joint owners.
Section 25. Subsection (2) of section 288.101, Florida Statutes, is
amended to read:
288.101 Florida Job Growth Grant Fund.
(2) The department and Enterprise Florida, Inc., may identify projects,
solicit proposals, and make funding recommendations to the Governor, who
is authorized to approve:
(a) State or local public infrastructure projects to promote_
1. Economic recovery in specific regions of this the state;;
2. Economic diversification;, or
3. Economic enhancement in a targeted industry.
(b) State or local public infrastructure projects to facilitate the develop-
ment or construction of affordable housing. This paragraph is repealed July
1, 2033.
(c) Infrastructure funding to accelerate the rehabilitation of the Herbert
Hoover Dike. The department or the South Florida Water Management
District may enter into agreements, as necessary, with the United States
Army Corps of Engineers to implement this paragraph.
LdXc4 Workforce training grants to support programs at state colleges
and state technical centers that provide participants with transferable,
sustainable workforce skills applicable to more than a single employer, and
for equipment associated with these programs. The department shall work
with CareerSource Florida, Inc., to ensure programs are offered to the public
based on criteria established by the state college or state technical center
and do not exclude applicants who are unemployed or underemployed.
Section 26. Section 420.0003, Florida Statutes, is amended to read:
(Substantial rewording of section. See
s. 420.0003, F.S., for present text.)
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Ch. 2023-17 LAWS OF FLORIDA Ch. 202 12.A.1
420.0003 State housing strategy.—
(1) LEGISLATIVE INTENT. —It is the intent of this act to articulate a
state housing strategy that will carry the state toward the goal of ensuring
that each Floridian has safe, decent, and affordable housing. This strategy
must involve state and local governments working in partnership with
communities and the private sector and must involve financial, as well as
regulatory, commitment to accomplish this goal.
(2) POLICIES. —
(a) Housing production and rehabilitation -programs.—Programs to
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encourage housing production or rehabilitation must be guided by the
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following general policies, as appropriate for the purpose of the specific
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program:
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1. State and local governments shall provide incentives to encourage the
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private sector to be the primary delivery vehicle for the development of
affordable housing. When possible, state funds should be heavily leveraged
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to achieve the maximum federal, local, and private commitment of funds and
be used to ensure long-term affordability. To the maximum extent possible,
state funds should be expended to create new housing stock and be used for
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repayable loans rather than grants. Local incentives to stimulate private
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sector development of affordable housing may include establishment of
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density bonus incentives.
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2. State and local governments should consider and implement innova-
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tive solutions to housing issues where appropriate. Innovative solutions
—
include, but are not limited to:
a. Utilizing publicly held land to develop affordable housing through
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state or local land purchases, long-term land leasing, and school district
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affordable housing_ programs. To the maximum extent possible, state-owned
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lands that are appropriate for the development of affordable housing must
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be made available for that purpose.
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b. Community -led planning that focuses on urban infill, flexible zoning,
redevelopment of commercial property into mixed -use property, resiliency,
and furthering development in areas with preexisting public services, such
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as wastewater, transit, and schools.
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c. Proiect features that maximize efficiencv in land and resource use.
such as high density, high rise, and mixed use.
d. Mixed -income projects that facilitate more diverse and successful
communities.
e. Modern housing concepts such as manufactured homes, tiny homes,
31)-printed homes, and accessory dwelling units.
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Ch. 2023-17 LAWS OF FLORIDA Ch. J 12.A.1
3. State funds should be available only to local governments that provide
incentives or financial assistance for housing. State funding for housing
should not be made available to local governments whose comprehensive
plans have been found not in compliance with chapter 163 and who have not
entered into a stipulated settlement agreement with the department to
bring the plans into compliance. State funds should be made available only
for projects consistent with the local government's comprehensive plan.
4. Local governments are encouraged to enter into interlocal agree-
ments, as appropriate, to coordinate strategies and maximize the use of state
and local funds. Q
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5. State -funded development should emphasize use of developed land, c
urban infill, and the transformation of existing infrastructure in order to J
minimize sprawl, separation of housing from employment, and effects of ,>
increased housing on ecological preservation areas. Housing available to the J
state's workforce should prioritize proximity to employment and services. o
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(b) Public -private partnerships. —Cost-effective public -private partner- a
ships must emphasize production and preservation of affordable housing.
1. Data must be developed and maintained on the affordable housing
activities of local governments, community -based organizations, and private
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developers. 04
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2. The state shall assist local governments and community -based �
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organizations by providing training and technical assistance. c
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3. In coordination with local activities and with federal initiatives, the o
state shall provide incentives for public sector and private sector develop- 3
ment of affordable housing.
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c) Preservation of housing' stock. —The existing stock of affordable r
housing must be preserved and improved through rehabilitation programs N
and expanded neighborhood revitalization efforts to promote suitable living N
environments for individuals and families. t
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(d) Unique housing needs. —The wide range of need for safe, decent, and
affordable housing must be addressed, with an emphasis on assisting the
neediest persons.
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1. State housing programs must promote the self-sufficiency and Q
economic dignity of the DeoDle of this state. including elderlv persons and
persons with disabilities.
2. The housing requirements of special needs populations must be
addressed through programs that promote a range of housing options
bolstering integration with the community.
3. All housing initiatives and programs must be nondiscriminatory.
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4. The geographic distribution of resources must provide for the
development of housing in rural and urban areas.
5. The important contribution of public housing to the well-being of
citizens in need shall be acknowledged through efforts to continue and
bolster existing programs. State and local government funds allocated to
enhance public housing must be used to supplement, not supplant, federal
support.
(3) IMPLEMENTATION. —The state, in carrying out the strategy
articulated in this section, shall have the following duties:
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(a) State fiscal resources must be directed to achieve the following
programmatic objectives:
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1. Effective technical assistance and capacity -building programs must be
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established at the state and local levels.
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2. The Shimberg Center for Housing Studies at the University of Florida
shall develop and maintain statewide data on housing needs and production,
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provide technical assistance relating to real estate development and finance,
operate an information clearinghouse on housing programs, and coordinate
state housing initiatives with local government and federal programs.
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3. The corporation shall maintain a consumer -focused website for
connecting tenants with affordable housing.
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(b) The long-range program plan of the department must include specific
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goals objectives, and strategies that implement the housing policies in this
section.
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(c) The Shimberg Center for Housing Studies at the University of
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Florida, in consultation with the department and the corporation, shall
perform functions related to the research and planning for affordable
housing. Functions must include quantifying affordable housing needs,
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documenting results of programs administered, and inventorying the supply
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of affordable housing units made available in this state. The recommend-
s
ations reauired in this section and a report of anv pro-rammatic modifica-
tions made as a result of these policies must be included in the housing
report required by s. 420.6075. The report must identify the needs of specific
populations, including, but not limited to. elderly ersons, ersons with s
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disabilities, and persons with special needs, and may recommend statutory M
modifications when appropriate. Q
d) The Office of Program Policv Analvsis and Government Account
ability (OPPAGA) shall evaluate affordable housing issues pursuant to the
schedule set forth in this paragraph. OPPAGA may coordinate with and rely
upon the expertise and research activities of the Shimberg Center for
Housing Studies in conducting the evaluations. The analysis may include
relevant reports prepared by the Shimberg Center for Housing Studies, the
department, the corporation, and the provider of the Affordable Housing
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Catalyst Program; interviews with the agencies, providers, offices, devel-
opers, and other organizations related to the development and provision of
affordable housing at the state and local levels; and any other relevant data.
When appropriate, each report must recommend policy and statutory
modifications for consideration by the Legislature. Each report must be
submitted to the President of the Senate and the Speaker of the House of
Representatives pursuant to the schedule. OPPAGA shall review and
evaluate:
1. By December 15, 2023, and every 5 years thereafter, innovative
affordable housing strategies implemented by other states, their effective-
ness, and their potential for implementation in this state.
2. By December 15, 2024, and every 5 years thereafter, affordable
housing policies enacted by local governments, their effectiveness, and
which policies constitute best practices for replication across this state. The
report must include a review and evaluation of the extent to which interlocal
cooperation is used, effective, or hampered.
3. By December 15, 2025, and every 5 years thereafter, existing state -
level housing rehabilitation, production, preservation, and finance programs
to determine their consistency with relevant policies in this section and
effectiveness in providing affordable housing. The report must also include
an evaluation of the degree of coordination between housing programs of this
state, and between state, federal, and local housing activities, and shall
recommend improved program linkages when appropriate.
(e) The department and the corporation should conform the adminis-
trative rules for each housing program to the policies stated in this section,
provided that such changes in the rules are consistent with the statutory
intent or requirements for the program. This authority applies only to
programs offering loans, grants, or tax credits and only to the extent that
state policies are consistent with applicable federal requirements.
Section 27. Subsection (36) of section 420.503, Florida Statutes, is
amended to read:
420.503 Definitions. —As used in this part, the term:
(36) "Qualified contract" has the same meaning as in 26 U.S.C. s.
42(h)(6)(F) in effect on the date of the preliminary determination certificate
for the low-income housing tax credits for the development that is the subject
of the qualified contract request, unless the Internal Revenue Code requires
a different statute or regulation to apply to the development. The corpora-
tion shall deem a bona fide contract to be a qualified contract at the time the
bona fide contract is presented to the owner and the initial seeend ear
money deposit is deposited in escrow in accordance with the terms of the
bona fide contract_, and, in such event, the corporation is deemed to have
fulfilled its responsibility to present the owner with a qualified contract.
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Ch. 2023-17 LAWS OF FLORIDA Ch. 202 12.A.1
Section 28. Subsection (3) and paragraph (a) of subsection (4) of section
420.504, Florida Statutes, are amended to read:
420.504 Public corporation; creation, membership, terms, expenses.—
(3) The corporation is a separate budget entity and is not subject to
control, supervision, or direction by the department of Eeenemie Opp rt
nity in any manner, including, but not limited to, personnel, purchasing,
transactions involving real or personal property, and budgetary matters.
The corporation shall consist of a board of directors composed of the
Secretary of Economic Opportunity as an ex officio and voting member, or a
senior -level agency employee designated by the secretary, one member
appointed by the President of the Senate, one member appointed by the
Speaker of the House of Representatives, and eight members appointed by
the Governor subject to confirmation by the Senate from the following:
(a) One citizen actively engaged in the residential home building
industry.
(b) One citizen actively engaged in the banking or mortgage banking
industry.
(c) One citizen who is a representative of those areas of labor engaged in
home building.
(d) One citizen with experience in housing development who is an
advocate for low-income persons.
(e) One citizen actively engaged in the commercial building industry.
(f) One citizen who is a former local government elected official.
(g) Two citizens of the state who are not principally employed as
members or representatives of any of the groups specified in paragraphs
(a)-(f).
(4)(a) Members of the corporation shall be appointed for terms of 4 years,
except that any vacancy shall be filled for the unexpired term. Vacancies on
the board shall be filled by ppointment by the Governor, the President of
the Senate, or the Speaker of the House of Representatives, respectively,
depending on who appointed the member whose vacancy is to be filled or
whose term has expired.
Section 29. Subsection (30) of section 420.507, Florida Statutes, is
amended to read:
420.507 Powers of the corporation. —The corporation shall have all the
powers necessary or convenient to carry out and effectuate the purposes and
provisions of this part, including the following powers which are in addition
to all other powers granted by other provisions of this part:
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Ch. 2023-17 LAWS OF FLORIDA Ch. J 12.A.1
(30) To prepare and submit to the Secretary of Economic Opportunity a
budget request for purposes of the corporation, which request must shall,
notwithstanding the provisions of chapter 216 and in accordance with s.
216.351, contain a request for operational expenditures and separate
requests for other authorized corporation programs. The request must
include, for informational purposes, the amount of state funds necessary to
use all federal housing funds anticipated to be received by, or allocated to,
the state in the fiscal year in order to maximize the production of new,
affordable multifamily housing units in this state. The request need not
contain information on the number of employees, salaries, or any classifica-
tion thereof, and the approved operating budget therefor need not comply
with s. 216.181(8)-(10). The secretary may include within the department's
budget request the corporation's budget request in the form as authorized by
this section.
Section 30. The amendment made by this act to s. 420.507(30), Florida
Statutes, expires July, 2033, and the text of that subsection shall revert to
that in existence on June 30, 2023, except that any amendments to such text
enacted other than by this act shall be preserved and continue to operate to
the extent that such amendments are not dependent upon the portions of
text which expire pursuant to this section.
Section 31. Subsection (10) of section 420.5087, Florida Statutes, is
amended to read:
420.5087 State Apartment Incentive Loan Program. —There is hereby
created the State Apartment Incentive Loan Program for the purpose of
providing first, second, or other subordinated mortgage loans or loan
guarantees to sponsors, including for -profit, nonprofit, and public entities,
to provide housing affordable to very -low-income persons.
(10) The corporation may prioritize a portion of the program funds set
aside under paragraph (3)(d) for persons with special needs as defined in s.
420.0004(13) to provide funding for the development of newly constructed
permanent rental housing on a eampi that provides housing for persons in
foster care or persons aging out of foster care pursuant to s. 409.1451. Such
housing shall promote and facilitate access to community -based supportive,
educational, and employment services and resources that assist persons
aging out of foster care to successfully transition to independent living and
adulthood. The corporation must consult with the Department of Children
and Families to create minimum criteria for such housing.
Section 32. Section 420.50871, Florida Statutes, is created to read:
420.50871 Allocation of increased revenues derived from amendments to
s. 201.15 made by this act. —Funds that result from increased revenues to
the State Housing Trust Fund derived from amendments made to s. 201.15
made by this act must be used annually for projects under the State
Apartment Incentive Loan Program under s. 420.5087 as set forth in this
section, notwithstanding ss. 420.507(48) and (50) and 420.5087(1) and (3).
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Ch. 2023-17 LAWS OF FLORIDA Ch. 20 12.A.1
The Legislature intends for these funds to provide for innovative projects
that provide affordable and attainable housing for persons and families
working, going to school, or living in this state. Projects approved under this
section are intended to provide housing that is affordable as defined in s.
420.0004, notwithstanding the income limitations in s. 420.5087(2). Begin-
ning in the 2023-2024 fiscal year and annually for 10 years thereafter:
(1) The corporation shall allocate 70 percent of the funds provided bey
section to issue competitive requests for application for the affordable
housing project purposes specified in this subsection. The corporation shall
finance projects that:
(a) Both redevelop an existing affordable housing development and
provide for the construction of a new development within close proximity to
the existing development to be rehabilitated. Each project must provide for
building the new affordable housing development first, relocating the
tenants of the existing development to the new development, and then
demolishing the existing development for reconstruction of an affordable
housing development with more overall and affordable units.
(b) Address urban infill, including conversions of vacant, dilapidated, or
functionally obsolete buildings or the use of underused commercial property.
(c) Provide for mixed use of the location, incorporating nonresidential
uses, such as retail, office, institutional, or other appropriate commercial or
nonresidential uses.
(d) Provide housing near military installations in this state, with
preference given to projects that incorporate critical services for service -
members, their families, and veterans, such as mental health treatment
services, employment services, and assistance with transition from active -
duty service to civilian life.
(2) From the remaining funds, the corporation shall allocate the funds to
issue competitive requests for application for any of the following affordable
housing purposes specified in this subsection. The corporation shall finance
projects that:
(a) Propose using or leasing public lands. Projects that propose to use or
lease public lands must include a resolution or other agreement with the
unit of government owning the land to use the land for affordable housing
purposes.
(b) Address the needs of young adults who age out of the foster care
system.
(c) Meet the needs of elderly persons.
(d) Provide housing to meet the needs in areas of rural opportunity,
designated pursuant to s. 288.0656.
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Ch. 2023-17 LAWS OF FLORIDA Ch. J 12.A.1
(3) Under any request for application under this section, the corporation
shall coordinate with the appropriate state department or agency and
prioritize projects that provide for mixed -income developments.
(4) This section does not prohibit the corporation from allocating
additional funds to the purposes described in this section. In any fiscal
year, if the funds allocated by the corporation to any request for application
under subsections (1) and (2) are not fully used after the application and
award processes are complete, the corporation may use those funds to
supplement any future request for application under this section.
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(5) This section is repealed June 30, 2033.
Section 33. The Division of Law Revision is directed to replace the phrase
"this act" wherever it occurs in s. 420.50871, Florida Statutes, as created by
this act, with the assigned chapter number of this act.
Section 34. Section 420.50872, Florida Statutes, is created to read:
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420.50872 Live Local Program.—
(1) DEFINITIONS. —As used in this section, the term:
(a) "Annual tax credit amount" means, for any state fiscal year, the sum
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of the amount of tax credits approved under paragraph (3)(a), including tax
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credits to be taken under s. 220.1878 or s. 624.51058, which are approved for
taxpayers whose taxable years begin on or after January 1 of the calendar
•2
year preceding the start of the applicable state fiscal year.
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(b) "Eligible contribution" means a monetary contribution from a
4-
taxpayer, subject to the restrictions provided in this section, to the
3
corporation for use in the State Apartment Incentive Loan Program
under s. 420.5087. The taxpayer making the contribution may not designate
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a specific project, property, or geographic area of this state as the beneficiary
of the eligible contribution.
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(c) "Live Local Program" means the program described in this section
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whereby eligible contributions are made to the corporation.
(d) "Tax credit cap amount" means the maximum annual tax credit
amount that the Department of Revenue may approve for a state fiscal year.
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(2) RESPONSIBILITIES OF THE CORPORATION. —The corporation
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shall:
(a) Expend 100 percent of eligible contributions received under this
section for the State Apartment Incentive Loan Program under s. 420.5087.
However, the corporation may use up to $25 million of eligible contributions
to provide loans for the construction of large-scale projects of significant
regional impact. Such projects must include a substantial civic, educational,
or health care use and may include a commercial use, any of which must be
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Ch. 2023-17 LAWS OF FLORIDA Ch. 20 12.A.1
incorporated within or contiguous to the project property. Such a loan must
be made, except as otherwise provided in this subsection, in accordance with
the practices and policies of the State Apartment Incentive Loan Program.
Such a loan is subject to the competitive application process and may not
exceed 25 percent of the total project cost. The corporation must find that the
loan provides a unique opportunity for investment alongside local govern-
ment participation that would enable creation of a significant amount of
affordable housing. Projects approved under this section are intended to
provide housing that is affordable as defined in s. 420.0004, notwithstanding
the income limitations in s. 420.5087(2).
(b) Upon receipt of an eligible contribution, provide the taxpayer that
made the contribution with a certificate of contribution. A certificate of
contribution must include the taxpayer's name; its federal employer
identification number, if available; the amount contributed; and the date
of contribution.
(c) Within 10 days after issuing a certificate of contribution, provide a
copy to the Department of Revenue.
(3) LIVE LOCAL TAX CREDITS; APPLICATIONS, TRANSFERS, AND
LIMITATIONS. —
(a) Beginning in the 2023-2024 fiscal year, the tax credit cap amount is
$100 million in each state fiscal year.
(b) Beginning October 1, 2023, a taxpayer may submit an application to
the Department of Revenue for an allocation of the tax credit cap for tax
credits to be taken under either or both of s. 220.1878 or s. 624.51058.
1. The taxpayer shall specify in the application each tax for which the
taxpayer requests a credit and the applicable taxable year. For purposes of s.
220.1878, a taxpayer may apply for a credit to be used for a prior taxable year
before the date the taxpayer is required to file a return for that year
pursuant to s. 220.222. For purposes of s. 624.51058, a taxpayer may apply
for a credit to be used for a prior taxable year before the date the taxpayer is
required to file a return for that prior taxable year pursuant to ss. 624.509
and 624.5092. The Department of Revenue shall approve tax credits on a
first -come, first -served basis.
2. Within 10 days after approving or denying an application, the
Department of Revenue shall provide a copy of its approval or denial letter
to the corporation.
(c) If a tax credit approved under paragraph (b) is not fully used for the
specified taxable year for credits under s. 220.1878 or s. 624.51058 because of
insufficient tax liability on the part of the taxpayer, the unused amount may
be carried forward for a period not to exceed 10 taxable years. For purposes
of s. 220.1878, a credit carried forward may be used in a subsequent year
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after applying the other credits and unused carryovers in the order provided
in s. 220.02(8).
(d) A taxpayer may not convey, transfer, or assign an approved tax credit
or a carryforward tax credit to another entity unless all of the assets of the
taxpayer are conveyed, assigned, or transferred in the same transaction.
However, a tax credit under s. 220.1878 or s. 624.51058 may be conveyed,
transferred, or assigned between members of an affiliated group of
corporations if the type of tax credit under s. 220.1878 or s. 624.51058
remains the same. A taxpayer shall notify the Department of Revenue of its
intent to convey, transfer, or assign a tax credit to another member within an
affiliated group of corporations. The amount conveyed, transferred, or
assigned is available to another member of the affiliated group of corpora-
tions upon approval by the Department of Revenue.
(e) Within any state fiscal year, a taxpayer may rescind all or part of a
tax credit allocation approved under paragraph (b). The amount rescinded
must become available for that state fiscal year to another eligible taxpayer
as approved by the Department of Revenue if the taxpayer receives notice
from the Department of Revenue that the rescindment has been accepted by
the Department of Revenue. Any amount rescinded under this paragraph
must become available to an eligible taxpayer on a first -come, first -served
basis based on tax credit applications received after the date the rescind-
ment is accepted by the Department of Revenue.
(f) Within 10 days after approving or denying the conveyance, transfer,
or assignment of a tax credit under paragraph (d), or the rescindment of a tax
credit under paragraph (e), the Department of Revenue shall provide a copy
of its approval or denial letter to the corporation.
(g) For purposes of calculating the underpayment of estimated corporate
income taxes under s. 220.34 and tax installment payments for taxes on
insurance premiums or assessments under s. 624.5092, the final amount due
is the amount after credits earned under s. 220.1878 or s. 624.51058 for
contributions to eligible charitable organizations are deducted.
1. For purposes of determining if a penalty or interest under s.
220.34(2)(d)1. will be imposed for underpayment of estimated corporate
income tax, a taxpayer may, after earning a credit under s. 220.1878, reduce
any estimated payment in that taxable year by the amount of the credit.
2. For purposes of determining if a penalty under s. 624.5092 will be
imposed, an insurer, after earning a credit under s. 624.51058 for a taxable
year, may reduce any installment payment for such taxable year of 27
percent of the amount of the net tax due as reported on the return for the
preceding year under s. 624.5092(2)(b) by the amount of the credit.
(4) PRESERVATION OF CREDIT. —If any provision or portion of this
section, s. 220.1878, or s. 624.51058 or the application thereof to any person
or circumstance is held unconstitutional by any court or is otherwise
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Ch. 2023-17 LAWS OF FLORIDA Ch. 20 12.A.1
declared invalid, the unconstitutionality or invalidity does not affect any
credit earned under s. 220.1878 or s. 624.51058 by any taxpayer with respect
to any contribution paid to the Live Local Program before the date of a
determination of unconstitutionality or invalidity. The credit must be
allowed at such time and in such a manner as if a determination of
unconstitutionality or invalidity had not been made, provided that nothing
in this subsection by itself or in combination with any other provision of law
may result in the allowance of any credit to any taxpayer in excess of $1 of
credit for each dollar paid to an eligible charitable organization.
(5) ADMINISTRATION; RULES. —
(a) The Department of Revenue and the corporation may develop a
cooperative agreement to assist in the administration of this section, as
needed.
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(b) The Department of Revenue may adopt rules necessary to administer c
this section, s. 220.1878, and s. 624.51058, including rules establishing
application forms, procedures governing the approval of tax credits and 0
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carryforward tax credits under subsection (3), and procedures to be followed �
by taxpayers when claiming approved tax credits on their returns.
(c) By August 15, 2023, and by each August 15 thereafter, the
Department of Revenue shall determine the 500 taxpayers with the greatest
total corporate income or franchise tax due as reported on the taxpay
return filed pursuant to s. 220.22 during the previous calendar year and
notify those taxpayers of the existence of the Live Local Program and the
process for obtaining an allocation of the tax credit cap. The Department of
Revenue shall confer with the corporation in the drafting of the notification.
The Department of Revenue may provide this notification by electronic
means.
Section 35. Section 420.5096, Florida Statutes, is created to read:
420.5096 Florida Hometown Hero Program.—
(1) The Legislature finds that individual homeownership is vital to
building long-term housing and financial security. With rising home prices,
down payment and closing costs are often significant barriers to home-
ownership for working Floridians. Each person in Florida's hometown
workforce is essential to creating thriving communities, and the Legislature
finds that the ability of Floridians to reside within the communities in which
they work is of great importance. Therefore, the Legislature finds that
providing assistance to homebuyers in this state by reducing the amount of
down payment and closing costs is a necessary step toward expanding access
to homeownership and achieving safe, decent, and affordable housing for all
Floridians.
(2) The Florida Hometown Hero Program is created to assist Florida's
hometown workforce in attaining homeownership by providing financial
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Ch. 2023-17 LAWS OF FLORIDA Ch. J 12.A.1
assistance to residents to purchase a home as their primary residence.
Under the program, a borrower may apply to the corporation for a loan to
reduce the amount of the down payment and closing costs paid by the
borrower by a minimum of $10,000 and up to 5 percent of the first mortgage
loan, not exceeding $35,000. Loans must be made available at a zero percent
interest rate and must be made available for the term of the first mortgage.
The balance of any loan is due at closing if the property is sold, refinanced,
rented, or transferred, unless otherwise approved by the corporation.
(3) For loans made available pursuant to s. 420.507(23)(a)1. or 2., the
corporation may underwrite and make those mortgage loans through the
program to persons or families who have household incomes that do not
exceed 150 percent of the state median income or local median income,
whichever is greater. A borrower must be seeking to purchase a home as a
primary residence; a first-time homebuyer and a Florida resident; and
employed full-time by a Florida -based employer. The borrower must provide
documentation of full-time employment, or full-time status for self-employed
individuals, of 35 hours or more per week. The requirement to be a first-time
homebuyer does not apply to a borrower who is an active duty service -
member of a branch of the armed forces or the Florida National Guard, as
defined in s. 250.01, or a veteran.
(4) Loans made under the Florida Hometown Hero Program may be used
for the purchase of manufactured homes, as defined in s. 320.01(2)(b), which
were constructed after July 13, 1994; which are permanently affixed to real
property in this state, whether owned or leased by the borrower; and which
are titled and financed as tangible personal property or as real property.
(5) This program is intended to be evergreen, and repayments for loans
made under this program shall be retained within the program to make
additional loans.
Section 36. Subsection (3) is added to section 420.531, Florida Statutes,
to read:
420.531 Affordable Housing Catalyst Program.
(3) The corporation may contract with the entity providing statewide
training and technical assistance to provide technical assistance to local
governments to establish selection criteria and related provisions for
requests for proposals or other competitive solicitations for use or lease of
government -owned real property for affordable housing purposes. The entity
providing statewide training and technical assistance may develop best
practices or other key elements for successful use of public property for
affordable housing, in conjunction with technical support provided under
subsection (1).
Section 37. Section 420.6075, Florida Statutes, is amended to read:
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Ch. 2023-17 LAWS OF FLORIDA Ch. 20 12.A.1
420.6075 Research and planning for affordable housing; annual housing
report.—
(1) The research and planning functions of the department shall include
the collection of data on the need for affordable housing in this state and the
extent to which that need is being in t through federal, state, and local
programs, in order to facilitate planning to m et the housing needs in this
state and to enable the development of sound strategies and programs for
affordable housing. To fulfill this function, the Shimberg Center for Housing
Studies Alfordable Housing at the University of Florida shall perform the
following functions:
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(a) Quantify affordable housing needs in this the state by analyzing
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available data, including information provided through the housing ele-
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ments of local comprehensive plans, and identify revisions in the housing
element data requirements that would result in in re uniform, meaningful
information being obtained.
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(b) Document the results since 1980 of all programs administered by the
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department which provide for or act as incentives for housing production or
improvement. Data on program results in st include the number of units
produced and the unit cost under each program.
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(c) Inventory the supply of affordable housing units inde available
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through federal, state, and local programs. Data on the geographic
distribution of affordable units inst show the availability of units in each
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county and in nicipality.
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(2) By December 31 of each year, the Shimberg Center for Housing
—
Studies ^ ff-or ab e Housing shall submit to the Legislature an updated
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housing report describing the supply of and need for affordable housing. This
annual housing report shall include:
(a) A synopsis of training and technical assistance activities and
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community -based organization housing activities for the year.
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(b) A status report on the degree of progress toward in eeing the housing
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objectives of the department's agency functional plan.
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(c) Recommended housing initiatives for the next fiscal year and
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recommended priorities for assistance to the various target populations
within the spectrum of housing need.
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(3) The Shimberg Center for Housing Studies ^ ff-or ab e Housing shall:
(a) Conduct research on program options to address the need for
affordable housing.
(b) Conduct research on training in dels too be replicated or adapted to
meet the needs of community -based organizations and state and local
government staff involved in housing development.
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Ch. 2023-17 LAWS OF FLORIDA Ch. J 12.A.1
Section 38. Paragraph (a) of subsection (1) of section 553.792, Florida
Statutes, is amended to read:
553.792 Building permit application to local government.
(1)(a) Within 10 days of an applicant submitting an application to the
local government, the local government shall advise the applicant what
information, if any, is needed to deem the application properly completed in
compliance with the filing requirements published by the local government.
If the local government does not provide written notice that the applicant
has not submitted the properly completed application, the application shall
be automatically deemed properly completed and accepted. Within 45 days
after receiving a completed application, a local government must notify an
applicant if additional information is required for the local government to
determine the sufficiency of the application, and shall specify the additional
information that is required. The applicanh in st submit the additional
information to the local government or request that the local government act
without the additional information. While the applicant responds to the
request for additional information, the 120-day period described in this
subsection is tolled. Both parties in y agree to a reasonable request for an
extension of time, particularly in the event of a force in jeure or other
extraordinary circumstance. The local government in st approve, approve
with conditions, or deny the application within 120 days following receipt of
a completed application. A local government shall maintain on its website a
policy containing procedures and expectations for expedited processing of
those building permits and development orders required by law to be
expedited.
Section 39. Subsection (7) of section 624.509, Florida Statutes, is
amended to read:
624.509 Premium tax; rate and computation.—
(7) Credits and deductions against the tax imposed by this section shall
be taken in the following order: deductions for assessments in de pursuant
to s. 440.51; credits for taxes paid under ss. 175.101 and 185.08; credits for
incom axes paid under chapter 220 and the credit allowed under
subsection (5), as these credits are limited by subsection (6); the credit
allowed under s. 624.51057; the credit allowed under s. 624.51058; all other
available credits and deductions.
Section 40. Paragraph (c) of subsection (1) of section 624.5105, Florida
Statutes, is amended to read:
624.5105 Community contribution tax credit; authorization; limitations;
eligibility and application requirements; administration; definitions; ex-
piration.—
(1) AUTHORIZATION TO GRANT TAX CREDITS; LIMITATIONS.
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Ch. 2023-17 LAWS OF FLORIDA Ch. 20 12.A.1
(c) The total amount of tax credit which may be granted for all programs
approved under this section and ss. 212.08(5)(p) and 220.183 is 25 $114:5
million in the 2023-2024 20222 fiscal year and in each fiscal year
thereafter for projects that provide housing opportunities for persons with
special needs as defined in s. 420.0004 or homeownership opportunities for
low-income or very -low-income households as defined in s. 420.9071 and $4.5
million in the 2022-2023 fiscal year and in each fiscal year thereafter for all
other projects.
Section 41. Section 624.51058, Florida Statutes, is created to read
624.51058 Credit for contributions to the Live Local Program.
(1) For taxable years beginning on or after January 1, 2023, there is
allowed a credit of 100 percent of an eligible contribution made to the Live
Local Program under s. 420.50872 against any tax due for a taxable year
under s. 624.509(1) after deducting from such tax deductions for assess-
ments made pursuant to s. 440.51; credits for taxes paid under ss. 175.101
and 185.08; credits for income taxes paid under chapter 220; and the credit
allowed under s. 624.509(5), as such credit is limited by s. 624.509(6). An
eligible contribution must be made to the Live Local Program on or before
the date the taxpayer is required to file a return pursuant to ss. 624.509 and
624.5092. An insurer claiming a credit against premium tax liability under
this section is not required to pay any additional retaliatory tax levied under
s. 624.5091 as a result of claiming such credit. Section 624.5091 does not
limit such credit in any manner.
(2) Section 420.50872 applies to the credit authorized by this section.
Section 42. The Department of Economic Opportunity's Keys Workforce
Housing Initiative, approved by the Administration Commission on June 13,
2018, is considered an exception to the evacuation time constraints of s.
380.0552(9)(a)2.,, Florida Statutes, by requiring deed -restricted affordable
workforce housing properties receiving permit allocations to agree to
evacuate at least 48 hours in advance of hurricane landfall. A comprehensive
plan amendment approved by the Department of Economic Opportunity to
implement the initiative is hereby valid and the respective local govern-
ments may adopt local ordinances or regulations to implement such plan
amendment.
Section 43. (1) The Department of Revenue is authorized, and all
conditions are deemed met, to adopt emergency rules under s. 120.54(4),
Florida Statutes, for the purpose of implementing provisions related to the
Live Local Program created by this act. Notwithstanding any other law,
emergency rules adopted under this section are effective for 6 months after
adoption and may be renewed during the pendency of procedures to adopt
permanent rules addressing the subject of the emergency rules.
(2) This section expires July 1, 2026.
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Ch. 2023-17 LAWS OF FLORIDA Ch. J 12.A.1
Section 44. For the 2023-2024 fiscal year, the sum of $100 million in
nonrecurring funds from the General Revenue Fund is appropriated to the
Florida Housing Finance Corporation to implement the Florida Hometown
Hero Housing Program established in s. 420.5096, Florida Statutes, as
created by this act.
Section 45. For the 2023-2024 fiscal year, the sum of $252 million in
nonrecurring funds from the Local Government Housing Trust Fund is
appropriated in the Grants and Aids - Housing Finance Corporation (HFC) -
State Housing Initiatives Partnership (SHIP) Program appropriation
category to the Florida Housing Finance Corporation.
Section 46. For the 2023-2024 fiscal year, the sum of $150 million in
recurring funds and $109 million in nonrecurring funds from the State
Housing Trust Fund is appropriated in the Grants and Aids - Housing
Finance Corporation (HFC) - Affordable Housing Programs appropriation
category to the Florida Housing Finance Corporation. The recurring funds
are appropriated to implement s. 420.50871, Florida Statutes, as created by
this act.
Section 47. For the 2022-2023 fiscal year, the sum of $100 million in
nonrecurring funds from the General Revenue Fund is appropriated to the
Florida Housing Finance Corporation to implement a competitive assistance
loan program for new construction projects in the development pipeline that
have not commenced construction and are experiencing verifiable cost
increases due to market inflation. These funds are intended to support the
corporation's efforts to maintain the viability of projects in the development
pipeline as the unprecedented economic factors coupled with the housing
crisis makes it of upmost importance to deliver much -needed affordable
housing units in communities in a timely manner. Eligible projects are those
that accepted an invitation to enter credit underwriting by the corporation
for funding during the period of time of July 1, 2020, through June 30, 2022.
The corporation may establish such criteria and application processes as
necessary to implement this section. The unexpended balance of funds
appropriated to the corporation as of June 30, 2023, shall revert and is
appropriated to the corporation for the same purpose for the 2023-2024 fiscal
year. Any funds not awarded by December 1, 2023, must be used for the
State Apartment Incentive Loan Program under s. 420.5087, Florida
Statutes. This section is effective upon becoming a law.
Section 48. The Legislature finds and declares that this act fulfills an
important state interest.
Section 49. Except as otherwise expressly provided in this act and except
for this section, which shall take effect upon becoming a law, this act shall
take effect July 1, 2023.
Approved by the Governor March 29, 2023.
Filed in Office Secretary of State March 29, 2023.
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