Florida 2023 Regular Session

Florida House Bill H0749 Compare Versions

Only one version of the bill is available at this time.

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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to youth housing and employment; 2
16	16	creating s. 212.0975, F.S.; providing definitions; 3
17	17	providing a tax credit to certain businesses that hire 4
18	18	specified employees; requiring such employees be 5
19	19	employed for a minimum amount of time; specifying th e 6
20	20	amount of the tax credit; providing requirements to 7
21	21	apply for the tax credit; requiring the Department of 8
22	22	Economic Opportunity to review and approve 9
23	23	applications that meet specified requirements; 10
24	24	creating s. 220.1991, F.S.; providing definitions; 11
25	25	providing a tax credit against corporate income taxes 12
26	26	to landlords who lease dwelling units under specified 13
27	27	conditions to recent college graduates; providing 14
28	28	additional tax credits if landlords keep the monthly 15
29	29	rental rates as specified levels; providing addition al 16
30	30	tax credits to landlords who include specified 17
31	31	statements in lease agreements that grant college 18
32	32	students and recent college graduates the right to 19
33	33	purchase the rental dwelling units at specified rates; 20
34	34	providing limitations on specified tax credit 21
35	35	availability; specifying a maximum amount of tax 22
36	36	credit available in any one year; prohibiting 23
37	37	landlords from transferring tax credits except under 24
38	38	specified conditions; requiring a landlord to 25
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	affirmatively demonstrate that requirements have been 26
52	52	to receive a tax credit to the Department of Revenue; 27
53	53	authorizing the department to adopt rules regarding 28
54	54	eligibility for tax credits; requiring the department 29
55	55	to consult with the Shimberg Center for Affordable 30
56	56	Housing in determining eligibility for tax credits; 31
57	57	requiring the Shimberg Center for Affordable Housing 32
58	58	to determine certain affordable housing rental needs 33
59	59	for certain purposes; amending s. 420.6075, F.S.; 34
60	60	requiring the Shimberg Center for Affordable Housing 35
61	61	Studies to include certain recommendations relating to 36
62	62	affordable housing rental needs in its annual report; 37
63	63	amending s. 420.622, F.S.; requiring the State Office 38
64	64	on Homelessness to coordinate with certain entities 39
65	65	for a specified purpose; amending s. 1003.21, F.S.; 40
66	66	requiring school districts to allow speci fied persons 41
67	67	access to certain programs ; providing an effective 42
68	68	date. 43
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70	70	Be It Enacted by the Legislature of the State of Florida: 45
71	71	46
72	72	Section 1. Section 212.0975, Florida Statutes, is created 47
73	73	to read: 48
74	74	212.0975 Homeless Youth Employment Tax Credit Pr ogram.— 49
75	75	(1) As used in this section, the term: 50
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	(a) "Eligible business" means any sole proprietorship, 51
89	89	firm, partnership, or corporation. Commonly owned and controlled 52
90	90	entities are to be considered a single business entity. 53
91	91	(b) "Qualified employee" me ans any employee who meets the 54
92	92	definition of homeless children and youths in s. 725 of the 55
93	93	McKinney-Vento Homeless Assistance Act, 42 U.S.C. s. 11434a(2), 56
94	94	and performs duties in connection with the operations of the 57
95	95	business on a regular basis for at least 3 months. 58
96	96	(2) An eligible business shall be allowed a credit of 10 59
97	97	percent of any tax due under this chapter if they employ at 60
98	98	least one qualified employee during the taxable year. 61
99	99	(3)(a) In order to claim this credit, an eligible business 62
100	100	must file under oath with the Department of Economic Opportunity 63
101	101	a statement that includes the name and address of the eligible 64
102	102	business, proof that the business employed an eligible employee, 65
103	103	and any other information that the Department of Revenue 66
104	104	requires. 67
105	105	(b) The Department of Economic Opportunity shall review 68
106	106	the application to determine whether it contains all the 69
107	107	information required by this subsection and meets the criteria 70
108	108	set out in this section. The Department of Economic Opportunity 71
109	109	shall approve all app lications that contain the information 72
110	110	required by this subsection and meet the criteria set out in 73
111	111	this section as eligible to receive a credit. 74
112	112	Section 2. Section 220.1991, Florida Statutes, is created 75
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125	125	to read: 76
126	126	220.1991 Tax credits for housing for recent college 77
127	127	graduates.— 78
128	128	(1) As used in this section, the term: 79
129	129	(a) "Affordable rate" means a monthly rental rate that has 80
130	130	been classified as affordable for that year under paragraph 81
131	131	(6)(b). 82
132	132	(b) "Fair market value" means the appraised value of a 83
133	133	dwelling house as stated in an appraisal report, as defined in 84
134	134	s. 475.611. 85
135	135	(c) "Landlord" means the owner, manager, managing agent, 86
136	136	lessor, sublessor, or any agent of such persons or entities, or 87
137	137	other person who has the right to rent, sell, or manage an y 88
138	138	housing unit or rental property, and whose primary business for 89
139	139	the purposes of this chapter meets the description of NAICS Code 90
140	140	53110. 91
141	141	(d) "Lease option agreement" means a written lease 92
142	142	agreement that grants a recent college graduate the right to 93
143	143	purchase the rental dwelling unit in fee simple at the end of 94
144	144	the lease term. 95
145	145	(e) "Qualified lease agreement" means a written lease 96
146	146	agreement for a dwelling unit made between a landlord and a 97
147	147	recent college graduate for a minimum term of 12 months with an 98
148	148	option for a 12 month renewal. 99
149	149	(f) "Recent college graduate" means a person who has 100
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162	162	graduated from a state university, a Florida College System 101
163	163	institution, or an independent college or university in the 102
164	164	state, including a historically black college and un iversity, 103
165	165	within the previous 5 years, calculated from the date the 104
166	166	college graduate enters into a lease with a landlord for a 105
167	167	dwelling unit. 106
168	168	(2)(a) Subject to the limitation of paragraph (c), a 107
169	169	landlord is allowed a tax credit of $500 against any tax im posed 108
170	170	under this chapter for each qualified lease agreement, if such 109
171	171	lease limits rent increases to no more than 5 percent per year 110
172	172	for the duration of the lease. 111
173	173	(b) Subject to the limitation of paragraph (c), a landlord 112
174	174	is allowed an additional tax cr edit of $1,000 against any tax 113
175	175	imposed under this chapter for each qualified lease agreement at 114
176	176	an affordable rate. 115
177	177	(c) To qualify for the tax credit under this subsection, 116
178	178	the landlord must have at entered into 25 or more qualified 117
179	179	lease agreements duri ng the taxable year. 118
180	180	(3) There is allowed an additional tax credit against any 119
181	181	tax imposed under this chapter to the landlord for each year in 120
182	182	which a dwelling unit owned by the landlord is purchased as part 121
183	183	of a lease option agreement for no more than f air market value. 122
184	184	The amount of the tax credit is determined as follows: 123
185	185	(a) If the dwelling unit's selling price is less than 5 124
186	186	percent below fair market value, the credit shall equal 5 125
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195	195	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199	199	percent of the dwelling unit's fair market value. 126
200	200	(b) If the dwelling unit's selling price is five percent 127
201	201	or more below fair market value, the credit shall equal 10 128
202	202	percent of the dwelling unit's fair market value. 129
203	203	(4) The total amount of tax credits allocated to a 130
204	204	landlord in any one year under this section may not exceed 25 131
205	205	percent of that landlord's total tax liability under this 132
206	206	chapter. 133
207	207	(5)(a) A tax credit belongs to a landlord and may not be 134
208	208	transferred unless the transferee is also a landlord who would 135
209	209	otherwise meet the criteria for receiving tax credits un der this 136
210	210	section. 137
211	211	(b) Before receiving tax credits under this section, a 138
212	212	landlord must affirmatively demonstrate to the satisfaction of 139
213	213	the department that the landlord has met the requirements of 140
214	214	this section. 141
215	215	(6)(a) The department is authorized, and all conditions 142
216	216	are deemed met, to adopt an emergency rule under s. 120.54(4), 143
217	217	to specify the methods by which a landlord's eligibility for tax 144
218	218	credits under this section is determined. 145
219	219	(b) The department, in consultation with the Shimberg 146
220	220	Center for Affordable Housing Studies at the University of 147
221	221	Florida, shall annually determine the affordable rate. 148
222	222	(c) The Office of Economic and Demographic Research, in 149
223	223	consultation with the department and the Shimberg Center for 150
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232	232	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236	236	Affordable Housing Studies at the Univ ersity of Florida, shall 151
237	237	publish the affordable rate. 152
238	238	Section 3. Paragraph (d) is added to subsection (2) of 153
239	239	section 420.6075, Florida Statutes, to read: 154
240	240	420.6075 Research and planning for affordable housing; 155
241	241	annual housing report. — 156
242	242	(2) By December 31 of each year, the Shimberg Center for 157
243	243	Affordable Housing Studies shall submit to the Legislature an 158
244	244	updated housing report describing the supply of and need for 159
245	245	affordable housing. This annual housing report shall include: 160
246	246	(d) Recommendations for aff ordable housing rental needs 161
247	247	for the state. 162
248	248	Section 4. Subsection (11)is added to section 420.622, 163
249	249	Florida Statutes, to read: 164
250	250	420.622 State Office on Homelessness; Council on 165
251	251	Homelessness.— 166
252	252	(11) The State Office on Homelessness will coordinate 167
253	253	state colleges and universities to develop plans and procedures 168
254	254	to give priority access for campus housing to students who would 169
255	255	otherwise be homeless. 170
256	256	Section 5. Paragraph (f) of subsection (1) of section 171
257	257	1003.21, Florida Statutes, is amended to read: 172
258	258	1003.21 School attendance. — 173
259	259	(1) 174
260	260	(f) Children and youths who are experiencing homelessness 175
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269	269	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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273	273	and children who are known to the department, as defined in s. 176
274	274	39.0016, must have access to a free public education and must be 177
275	275	admitted to school in the school dis trict in which they or their 178
276	276	families live. School districts shall assist such children in 179
277	277	meeting the requirements of subsection (4) and s. 1003.22, as 180
278	278	well as local requirements for documentation. For the purposes 181
279	279	of this paragraph, free public education includes programs that 182
280	280	allow a youth experiencing homelessness to graduate from high 183
281	281	school. 184
282	282	Section 6. This act shall take effect July 1, 2023. 185