Florida Senate - 2024 CS for SB 1440 By the Committee on Community Affairs; and Senator Calatayud 578-02147-24 20241440c1 1 A bill to be entitled 2 An act relating to affordable housing property tax 3 exemptions for accessory dwelling units; amending s. 4 196.1979, F.S.; authorizing counties and 5 municipalities to exempt certain accessory dwelling 6 units from ad valorem taxation; providing 7 applicability; providing an effective date. 8 9 Be It Enacted by the Legislature of the State of Florida: 10 11 Section 1. Paragraphs (a) and (b) of subsection (1) of 12 section 196.1979, Florida Statutes, are amended to read: 13 196.1979 County and municipal affordable housing property 14 exemption.— 15 (1)(a) Notwithstanding ss. 196.195 and 196.196, the board 16 of county commissioners of a county or the governing body of a 17 municipality may adopt an ordinance to exempt those portions of 18 property used to provide affordable housing meeting the 19 requirements of this section. Such property is considered 20 property used for a charitable purpose. To be eligible for the 21 exemption, the portions of property: 22 1. Must be used to house natural persons or families whose 23 annual household income: 24 a. Is greater than 30 percent but not more than 60 percent 25 of the median annual adjusted gross income for households within 26 the metropolitan statistical area or, if not within a 27 metropolitan statistical area, within the county in which the 28 person or family resides; or 29 b. Does not exceed 30 percent of the median annual adjusted 30 gross income for households within the metropolitan statistical 31 area or, if not within a metropolitan statistical area, within 32 the county in which the person or family resides; 33 2.a. Must be within a multifamily project containing 50 or 34 more residential units, at least 20 percent of which are used to 35 provide affordable housing that meets the requirements of this 36 section; or 37 b. Must be an accessory dwelling unit as defined in s. 38 163.31771(2)(a); 39 3. Must be rented for an amount no greater than the amount 40 as specified by the most recent multifamily rental programs 41 income and rent limit chart posted by the corporation and 42 derived from the Multifamily Tax Subsidy Projects Income Limits 43 published by the United States Department of Housing and Urban 44 Development or 90 percent of the fair market value rent as 45 determined by a rental market study meeting the requirements of 46 subsection (4), whichever is less; 47 4. May not have been cited for code violations on three or 48 more occasions in the 24 months before the submission of a tax 49 exemption application; 50 5. May not have any cited code violations that have not 51 been properly remedied by the property owner before the 52 submission of a tax exemption application; and 53 6. May not have any unpaid fines or charges relating to the 54 cited code violations. Payment of unpaid fines or charges before 55 a final determination on a property’s qualification for an 56 exemption under this section will not exclude such property from 57 eligibility if the property otherwise complies with all other 58 requirements for the exemption. 59 (b) Qualified property may receive an ad valorem property 60 tax exemption of: 61 1. Up to 75 percent of the assessed value of each 62 residential unit used to provide affordable housing if fewer 63 than 100 percent of the multifamily project’s residential units 64 are used to provide affordable housing meeting the requirements 65 of this section. 66 2. Up to 100 percent of the assessed value if 100 percent 67 of the multifamily project’s residential units are used to 68 provide affordable housing meeting the requirements of this 69 section. 70 3. Up to 100 percent of the assessed value of the accessory 71 dwelling unit if the unit is used to provide affordable housing 72 meeting the requirements of this section. 73 Section 2. The amendments made by this act to s. 196.1979, 74 Florida Statutes, first apply to the 2025 ad valorem tax roll. 75 Section 3. This act shall take effect July 1, 2024.