HB 749 2023
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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
A bill to be entitled 1
An act relating to youth housing and employment; 2
creating s. 212.0975, F.S.; providing definitions; 3
providing a tax credit to certain businesses that hire 4
specified employees; requiring such employees be 5
employed for a minimum amount of time; specifying th e 6
amount of the tax credit; providing requirements to 7
apply for the tax credit; requiring the Department of 8
Economic Opportunity to review and approve 9
applications that meet specified requirements; 10
creating s. 220.1991, F.S.; providing definitions; 11
providing a tax credit against corporate income taxes 12
to landlords who lease dwelling units under specified 13
conditions to recent college graduates; providing 14
additional tax credits if landlords keep the monthly 15
rental rates as specified levels; providing addition al 16
tax credits to landlords who include specified 17
statements in lease agreements that grant college 18
students and recent college graduates the right to 19
purchase the rental dwelling units at specified rates; 20
providing limitations on specified tax credit 21
availability; specifying a maximum amount of tax 22
credit available in any one year; prohibiting 23
landlords from transferring tax credits except under 24
specified conditions; requiring a landlord to 25
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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
affirmatively demonstrate that requirements have been 26
to receive a tax credit to the Department of Revenue; 27
authorizing the department to adopt rules regarding 28
eligibility for tax credits; requiring the department 29
to consult with the Shimberg Center for Affordable 30
Housing in determining eligibility for tax credits; 31
requiring the Shimberg Center for Affordable Housing 32
to determine certain affordable housing rental needs 33
for certain purposes; amending s. 420.6075, F.S.; 34
requiring the Shimberg Center for Affordable Housing 35
Studies to include certain recommendations relating to 36
affordable housing rental needs in its annual report; 37
amending s. 420.622, F.S.; requiring the State Office 38
on Homelessness to coordinate with certain entities 39
for a specified purpose; amending s. 1003.21, F.S.; 40
requiring school districts to allow speci fied persons 41
access to certain programs ; providing an effective 42
date. 43
44
Be It Enacted by the Legislature of the State of Florida: 45
46
Section 1. Section 212.0975, Florida Statutes, is created 47
to read: 48
212.0975 Homeless Youth Employment Tax Credit Pr ogram.— 49
(1) As used in this section, the term: 50
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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
(a) "Eligible business" means any sole proprietorship, 51
firm, partnership, or corporation. Commonly owned and controlled 52
entities are to be considered a single business entity. 53
(b) "Qualified employee" me ans any employee who meets the 54
definition of homeless children and youths in s. 725 of the 55
McKinney-Vento Homeless Assistance Act, 42 U.S.C. s. 11434a(2), 56
and performs duties in connection with the operations of the 57
business on a regular basis for at least 3 months. 58
(2) An eligible business shall be allowed a credit of 10 59
percent of any tax due under this chapter if they employ at 60
least one qualified employee during the taxable year. 61
(3)(a) In order to claim this credit, an eligible business 62
must file under oath with the Department of Economic Opportunity 63
a statement that includes the name and address of the eligible 64
business, proof that the business employed an eligible employee, 65
and any other information that the Department of Revenue 66
requires. 67
(b) The Department of Economic Opportunity shall review 68
the application to determine whether it contains all the 69
information required by this subsection and meets the criteria 70
set out in this section. The Department of Economic Opportunity 71
shall approve all app lications that contain the information 72
required by this subsection and meet the criteria set out in 73
this section as eligible to receive a credit. 74
Section 2. Section 220.1991, Florida Statutes, is created 75
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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
to read: 76
220.1991 Tax credits for housing for recent college 77
graduates.— 78
(1) As used in this section, the term: 79
(a) "Affordable rate" means a monthly rental rate that has 80
been classified as affordable for that year under paragraph 81
(6)(b). 82
(b) "Fair market value" means the appraised value of a 83
dwelling house as stated in an appraisal report, as defined in 84
s. 475.611. 85
(c) "Landlord" means the owner, manager, managing agent, 86
lessor, sublessor, or any agent of such persons or entities, or 87
other person who has the right to rent, sell, or manage an y 88
housing unit or rental property, and whose primary business for 89
the purposes of this chapter meets the description of NAICS Code 90
53110. 91
(d) "Lease option agreement" means a written lease 92
agreement that grants a recent college graduate the right to 93
purchase the rental dwelling unit in fee simple at the end of 94
the lease term. 95
(e) "Qualified lease agreement" means a written lease 96
agreement for a dwelling unit made between a landlord and a 97
recent college graduate for a minimum term of 12 months with an 98
option for a 12 month renewal. 99
(f) "Recent college graduate" means a person who has 100
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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
graduated from a state university, a Florida College System 101
institution, or an independent college or university in the 102
state, including a historically black college and un iversity, 103
within the previous 5 years, calculated from the date the 104
college graduate enters into a lease with a landlord for a 105
dwelling unit. 106
(2)(a) Subject to the limitation of paragraph (c), a 107
landlord is allowed a tax credit of $500 against any tax im posed 108
under this chapter for each qualified lease agreement, if such 109
lease limits rent increases to no more than 5 percent per year 110
for the duration of the lease. 111
(b) Subject to the limitation of paragraph (c), a landlord 112
is allowed an additional tax cr edit of $1,000 against any tax 113
imposed under this chapter for each qualified lease agreement at 114
an affordable rate. 115
(c) To qualify for the tax credit under this subsection, 116
the landlord must have at entered into 25 or more qualified 117
lease agreements duri ng the taxable year. 118
(3) There is allowed an additional tax credit against any 119
tax imposed under this chapter to the landlord for each year in 120
which a dwelling unit owned by the landlord is purchased as part 121
of a lease option agreement for no more than f air market value. 122
The amount of the tax credit is determined as follows: 123
(a) If the dwelling unit's selling price is less than 5 124
percent below fair market value, the credit shall equal 5 125
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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
percent of the dwelling unit's fair market value. 126
(b) If the dwelling unit's selling price is five percent 127
or more below fair market value, the credit shall equal 10 128
percent of the dwelling unit's fair market value. 129
(4) The total amount of tax credits allocated to a 130
landlord in any one year under this section may not exceed 25 131
percent of that landlord's total tax liability under this 132
chapter. 133
(5)(a) A tax credit belongs to a landlord and may not be 134
transferred unless the transferee is also a landlord who would 135
otherwise meet the criteria for receiving tax credits un der this 136
section. 137
(b) Before receiving tax credits under this section, a 138
landlord must affirmatively demonstrate to the satisfaction of 139
the department that the landlord has met the requirements of 140
this section. 141
(6)(a) The department is authorized, and all conditions 142
are deemed met, to adopt an emergency rule under s. 120.54(4), 143
to specify the methods by which a landlord's eligibility for tax 144
credits under this section is determined. 145
(b) The department, in consultation with the Shimberg 146
Center for Affordable Housing Studies at the University of 147
Florida, shall annually determine the affordable rate. 148
(c) The Office of Economic and Demographic Research, in 149
consultation with the department and the Shimberg Center for 150
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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
Affordable Housing Studies at the Univ ersity of Florida, shall 151
publish the affordable rate. 152
Section 3. Paragraph (d) is added to subsection (2) of 153
section 420.6075, Florida Statutes, to read: 154
420.6075 Research and planning for affordable housing; 155
annual housing report. — 156
(2) By December 31 of each year, the Shimberg Center for 157
Affordable Housing Studies shall submit to the Legislature an 158
updated housing report describing the supply of and need for 159
affordable housing. This annual housing report shall include: 160
(d) Recommendations for aff ordable housing rental needs 161
for the state. 162
Section 4. Subsection (11)is added to section 420.622, 163
Florida Statutes, to read: 164
420.622 State Office on Homelessness; Council on 165
Homelessness.— 166
(11) The State Office on Homelessness will coordinate 167
state colleges and universities to develop plans and procedures 168
to give priority access for campus housing to students who would 169
otherwise be homeless. 170
Section 5. Paragraph (f) of subsection (1) of section 171
1003.21, Florida Statutes, is amended to read: 172
1003.21 School attendance. — 173
(1) 174
(f) Children and youths who are experiencing homelessness 175
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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
and children who are known to the department, as defined in s. 176
39.0016, must have access to a free public education and must be 177
admitted to school in the school dis trict in which they or their 178
families live. School districts shall assist such children in 179
meeting the requirements of subsection (4) and s. 1003.22, as 180
well as local requirements for documentation. For the purposes 181
of this paragraph, free public education includes programs that 182
allow a youth experiencing homelessness to graduate from high 183
school. 184
Section 6. This act shall take effect July 1, 2023. 185